Was he a drunken rapist or a man who was misled by authorities into confessing to something he did not do?

A seven-man, five-woman jury will decide which description fits Christopher Spence as he sits before them in Lawrence County Common Pleas Court today.

Spence, 27, of Sciotoville, is charged with one count of first-degree felony rape. He is accused of molesting a 10-year-old girl.

Since the victim was under the age of 13 at the time of the alleged incident, the nature of the crime is considered rape under Ohio law. The term "rape" is not exclusive to sexual intercourse.

In his opening statement Thursday, Assistant Lawrence County Prosecutor Charles Cooper told the jury that Spence confessed to the crime during an interview with Lawrence County Sheriff's Detective Aaron Bollinger.

Cooper alleged Spence admitted getting into the girl's bed and that he was having "visions" of his girlfriend when the sexual contact occurred.

But in his opening statement, defense attorney Jim Boulger of Chillicothe told the jury the confession was coerced and that Spence thought he was doing the right thing for himself by confessing and thus securing a lighter sentence.

"He was told by Bollinger if he cooperated he would get 30 days community service and if he did not cooperate he could go to prison," Boulger said.

The parents of the victim testified Thursday that Spence had been a family friend who often visited their home.

On Dec. 17, 2004, Spence came to their residence allegedly intoxicated. He and the step-father consumed a half dozen beers while watching a movie. In the early morning hours, Spence asked if he could spend the night and the step-father agreed he could share the child's bedroom and queen-sized bed.

Soon after, the child appeared, naked below the waist. The step-father and mother testified that the girl said Spence had removed her clothing. They asked Spence to leave the house immediately.

The child testified as well.

Cooper also played an audiotape of Spence's confession to Bollinger in which he admitted to having a drinking problem and being remorseful about the incident.

"I have not eaten for a week or so because Š I mean, I did not know how bad I hurt her," Spence said on the audiotape.

But under cross examination, Boulger questioned the step-father's decision to allow Spence to spend the night in the child's bedroom in the first place.

"He goes to the child's room and you know that, and there is only one bed in there and he's been drinking and this is all OK?" Boulger said.

"Given how long we had been friends, he had never betrayed my trust," the stepfather said.

Boulger also questioned why the parents had waited more than three weeks before advising authorities what had happened.

Boulger also questioned Bollinger about his methods of interviewing suspects and why only 15 minutes of an hour-and-a-half conversation were tape recorded. The attorney alleged that the detective had not informed Spence of the seriousness of the allegations during that interview.

"At no time did you ever tell him you were investigating a first-degree felony - a rape - so it is safe to say he had no idea what you were up to, the seriousness of the charge," Boulger said.

The defense called Spence's father, William Spence, to bolster its claim that the defendant had been misled about the charges against him and the penalties he could receive.

Boulger said he will call Spence to the witness stand today as the trial continues.