TIONESTA, Pa. (EYT) — A 64-year-old Tionesta man is facing rape and related charges after he allegedly performed sex acts on an unwilling victim.

Court documents indicate the Marienville-based State Police filed criminal charges against 64-year-old John Eliott Nickel. of Tionesta, on Tuesday, June 19.

According to a criminal complaint, this investigation was first brought to the attention of the known male victim’s cousin, who reported to the Marienville-based State Police that the victim related to him that he engaged in sex acts with John Nickel, and that he did not want to participate in the acts.

The complaint states that on March 23, 2018, the male victim stated to Deputy Hawk of the Forest County Sherriff’s Office that he wanted to harm himself and was placed in the Clarion Psychiatric Hospital on a 302 warrant.

The victim’s caseworker advised police that the victim told him that John Nickel liked to “touch his butt and privates” while pointing to his butt and groin. The caseworker also stated that the victim told him that Nickel would touch him on the inside of his clothes and that he would take his clothing off. The victim told the caseworker that he would tell Nickel that he did not want to be touched, but Nickel would do it anyway.

Interview with the Victim

On April 13, 2018, Trooper Weaver interviewed the victim.

According to the complaint, the victim said that Nickel is his friend and frequently calls him to help out around his house. The victim said Nickel touches him on “the privates, butt, and chest” almost every time he is around him. He stated that he always tells Nickel that he doesn’t want to be touched but never fights back because he doesn’t want to get in trouble, the complaint states.

The victim told police that the last time this kind of contact took place was about three weeks prior. He stated that he sold Nickel a chair, and Nickel locked him inside his house once he was inside. The victim told police Nickel removed the clothing from both of them and started putting his “privates” up against the victim’s backside. He said he told Nickel “please don’t put me through this,” but Nickel proceeded to perform intercourse on him.

The victim also stated that he didn’t want to tell anyone because it was embarrassing.

Interview with Nickel

On April 15, 2018, Trooper Weaver interviewed Nickel.

Nickel said that he was friends with the victim. Nickel stated that they have been having sex for a couple of years and that alcohol “helps encourage” it, but they have had sex while sober before, according to the complaint.

Nickel said that the victim did not say anything or fight back when they had intimate contact. When he was asked about the most recent time, Nickel said that the victim sold him a chair and brought it to his house before consuming alcohol and wanting him to set up porn on his computer. Nickel then said that he performed oral sex acts on the victim, but did not rape him and never has, the complaint states.

Nickel told police that he has been impotent for years. He also said the victim had intercourse with him the most recent time they met. He stated that he has had sex with the victim six times in the past year and that he is the one who performs oral sex on the victim, according to the complaint.

When police asked, Nickel stated that he felt it was always consensual, but he also admitted it was possible that due to the alcohol, the victim may have felt obligated to engage in the acts. Nickel said he “is sorry” if he took advantage of the victim and didn’t know it. He also said the victim may not have told anyone about it because he didn’t want to be labeled a “queer,” the complaint states.

According to the complaint, on May 2, during a pre-test interview before a Polygraph Examination, Nickel stated that he probably got behind the victim and rubbed up against him, but he never penetrated him. He said that he has felt guilty before about performing sex acts with the victim, but he wouldn’t “dwell on it.”

Based on the investigation, Nickel was arraigned at 10:45 a.m. on Tuesday, June 19, in Magisterial District Judge Daniel L. Miller’s office on the following charges:

– Rape Forcible Compulsion, Felony 1
– Involuntary Deviate Sexual Intercourse Forcible Compulsion, Felony 1
– Sexual Assault, Felony 2
– Aggravated Indecent Assault — Forcible Compulsion, Felony 2
– Indecent Assault Forcible Compulsion, Misdemeanor 1
– Indecent Exposure, Misdemeanor 2

Unable to post $100,000.00 monetary bail, he was lodged in the Warren County Jail.

A preliminary hearing is scheduled for 9:00 a.m. on Tuesday, June 26, with Judge Miller presiding.