Claysburg Man Jailed on Sexual Assault Charge

A Claysburg man is in jail after police said he sexually assaulted a woman he lives with.

Herbert L. Shank, 41, is facing felony charges of rape of an unconscious victim and sexual assault, as well as a misdemeanor count of indecent assault without consent for allegedly forcing himself on a sleeping woman.

According to charges filed by Greenfield Township police, on July 21, the female victim arrived at the police station to report that Shank had sexually assaulted her the previous week.

According to police, the victim said that on July 24, at around 5 a.m. while she was sleeping, Shank entered her room and removed her clothing. The victim said Shank then began sexually assaulting her and woke her up. The victim said she told Shank to “get” and that he stopped but not before finishing the assault.

The victim said that later that day she asked Shank why he did that to her and he allegedly told her that he didn’t know.

Police said the victim went to UPMC Bedford for treatment of pain in her abdomen and bruises on her legs she claimed were from the assault.

On July 27, police interviewed Shank who allegedly told them the incident could have happened when he was sleepwalking. Police said Shank told them that on the night in question, the victim went to bed while he stayed up for a while. Police said Shank told them that when he went to bed, he woke up to the victim saying “get, get, get,” and thought she was talking in her sleep. Police said Shank admitted that when the victim said “get,” he was having sex with her. When police asked if the victim consented to having sex Shank allegedly said, “not at that time.”

When police asked Shank if he removed the victim’s clothing he allegedly said “yes,” and when asked if the victim was awake, Shank said her eyes were “partially open.”

Shank was arraigned by Martinsburg Magisterial District Judge Andrew Blattenberger and committed to the Blair County Prison on $100,000 bond. A preliminary hearing is scheduled for today, Aug. 11, in front of Blattenberger.