Union County assault victim seeks to protect nearly $95K in court-ordered restitution

Oct. 22—Note: This story was updated to clarify that restitution payments have been paid to the court and not directly to the victim.

Nearly $95,000 in restitution court-ordered for an assault victim is being challenged in Union County Court by the New Jersey man who pleaded guilty in the case.

Attorneys for Joseph J. McClain III, 37, appeared before President Judge Michael Hudock on Thursday to dispute the $94,841.79 ordered to the victim, now 31, for out-of-pocket expenses including medical and therapy costs and lost tuition.

McClain was sentenced in June after a prior guilty plea to charges of simple assault and indecent exposure. He was sentenced to a jail term of 10 days to 24 months, minus 1 day, plus a consecutive sentence of 24 months probation. He was ordered to pay $2,000 monthly beginning in September. An online docket sheet shows he's made $3,452.25 in payments to the court so far. The victim said she's not yet received any of the funds.

The victim accused McClain of raping her in 2008 at Bucknell University. McClain was arrested in 2019 before the statute of limitations expired. Charges of sexual assault, aggravated indecent assault and rape were eventually withdrawn by the District Attorney's Office as part of a plea agreement.

Attorneys Sarita Kedia and Edward J. Rymsza represent McClain. District Attorney Pete Johnson looks to maintain the ordered restitution. The victim was Thursday's lone witness, testifying remotely from her home out of state.

An estimated 200 invoices from the victim are presented as evidence along with 143 pages of social media posts by the victim. The posts cited Thursday referred to her mental health diagnoses.

"Are there any expenses that you do not dispute?" Hudock asked Kedia, who led the defense examination.

"No, judge," Kedia replied.

"You're disputing all of them?" Hudock asked.

"Yes," Kedia said.

The victim testified that the 2008 assault led to a diagnosis of post-traumatic stress disorder, compounding prior diagnoses of obsessive-compulsive disorder and body dysmorphia disorder. She told of two suicide attempts in the year following the assault and how the incident caused her to quit athletics and lose her scholarship, leave Bucknell and bounce around different universities and jobs.

She said it took 10 years to obtain a four-year degree, and that she now holds additional certifications and works as a mental health professional. However, she said she relies on her family as she's been living below the poverty line and that her mental health treatments, and costs, continue.

"It's been a living hell for the past 13 years," the woman said.

Johnson's examination focused on confirming a litany of bills from varied medical professionals.

Kedia looked to establish that the medical and therapy bills couldn't solely be attributed to her client. The attorney questioned the victim about a second sexual assault allegation in 2010 in another state, the woman's mental health diagnoses prior to the 2008 assault plus the woman's post-assault arrest history.

Hudock gave Johnson and the team of Kedia and Rymza 30 days, once they receive the hearing transcript, to file post-hearing briefs on their respective positions. A deadline of Dec. 10 is set for reply briefs with a ruling expected later that month.