Muskingum County jury brought judgment against a local man and found him guilty of attempted rape and gross sexual imposition of a child under the age of 13.

Ron Welch
Muskingum County Prosecutor

FOR IMMEDIATE RELEASE

Thursday, June 26, 2025

Man Convicted of Sexual Assault by Jury Faces 16 to 21 ½ Years in Prison

On June 26, 2025, after a two-day jury trial, Benjamin Mercer, 29, was found guilty by jury of Attempted Rape of a child under 13, a felony of the first-degree and Gross Sexual Imposition of a child under 13, a felony of the third-degree.

At the time of the crime, Mercer’s victim was 12 years old.

For these charges Mercer is facing 16 to 21 ½ years in prison. Mercer’s sentencing hearing will be held at a later date.

Case Details:

This case began with the victim reporting the incident to a trusted adult to ensure a younger family member would be safe from similar sexual assaults. The victim then went to the Muskingum County Sherriff's Office with a family member to report that she had been sexually assaulted by Benjamin Mercer, an adult in her life she thought she could trust.

The sexual assault occurred when the victim was 12 years of age. The victim also reported that the most recent and local incident was not the first offense where Mercer had sexually assaulted her.

The defendant, Benjamin Mercer, was in the army at the time of the assaults. The first sexual assault took place when the victim went to visit Mercer who was stationed in Georgia at the time. The victim reported that during her visit Mercer put his hand down her pants and underwear and then touched and entered her vagina.

The second assault occurred in Muskingum County, at a home that Mercer was visiting. The victim revealed that during a visit on Labor Day weekend 2023, Mercer again began to put his hand down her underwear. The victim reported that Mercer was going to continue as he did previously in Georgia but felt her menstrual pad which made him stop. Instead, Mercer groped the victim through her clothing.

Assistant Prosecutors Warren Edwards and Amy Otto, who tried the case, credit the young lady’s courage to confront her assailant by testifying in open court for the conviction.

Muskingum County Prosecutor Ron Welch added “Obtaining a guilty verdict in a sexual assault case is never easy. As is often the case, the sexual assault here was not reported immediately resulting in a delayed disclosure. Delayed disclosure occurs in most cases because victims are afraid to report, feel ashamed because they were victimized, or feel they won’t be believed. Fortunately, in this case the prosecutors were able to present enough evidence for the jury to reach the correct decision.”



###
Follow the Muskingum County Prosecutor’s Office on Facebook for the most current and complete information.

Man Convicted of Sexual Assault by Jury Faces 16 to 21 ½ Years in Prison