Ex-prof gets prison sentence for sex assault

Former Neurosurgery professor Tracy McIntosh was sentenced to 3 1/2 to seven years in prison yesterday for the 2002 sexual assault of his college roommate’s niece.

Philadelphia Court of Common Pleas Judge Pamela Pryor Dembe delivered McIntosh’s court-ordered new punishment, after his original sentence of 11 1/2 to 23 months of house arrest was vacated by the state Superior and Supreme courts.

Dembe admitted to struggling with the decision.

“Mr. McIntosh is not a monster; no one is,” she said. “I have wrestled with this decision.”

But Dembe was ultimately unswayed by McIntosh’s plea for a lenient sentence as a reward for having been a model citizen before the assault and having complied with all court provisions since 2002. McIntosh, 54, pleaded no-contest to the assault in December 2004.

McIntosh’s wife appeared visibly shaken as her husband was led out of the courtroom yesterday.

Defense attorney Joel Trigiani said he plans to appeal the sentence.

“When we have cases like this that are close calls, that’s what appellate courts are for,” he said.

Sentencing proceedings were delayed yesterday after Trigiani asked to withdraw McIntosh’s no-contest plea, a request Dembe denied.

“It’s like any major decision in life. Once you’ve made it, there are second thoughts,” Dembe said. “But after two go-arounds it’s too late to withdraw the plea.”

The victim, who was a 23-year-old woman about to enter Penn’s School of Veterinary Medicine at the time of the assault, testified at the sentencing.

Asked to describe the night by Assistant District Attorney Richard DeSipio, she said McIntosh “had taken me to several bars” before returning to his office at Penn in Hayden Hall.

“I absolutely remember him putting his penis inside of me” after she had vomited from the alcohol, the victim said. She added that she then took a cab home, showered and went to sleep.

“My first reaction [when I woke up] was, ‘I was just raped,’” she said, clearly upset. “No prestige from his papers or brain surgeries erases it.”

The victim’s uncle – McIntosh’s college roommate – also spoke yesterday and testified that, after the assault, he talked to mutual friends who said McIntosh “was very aggressive with women.”

“This was not a mistake,” the victim said of the rape. “This was a plotted, calculated, manipulated act.”

The defense called a number of witnesses to testify on McIntosh’s behalf.

McIntosh “has learned so profoundly,” said his wife’s best friend, Diane Anderson. “I believe that this continuing [legal] process has prevented him from doing the kinds of atonement” that he needs and wants to do.

Despite the defense’s attempt to discuss McIntosh’s character and rehabilitation efforts, the victim said she only wanted to address the facts of the case.

“I am here to talk with Her Honor about what happened that night and get out of here,” she said in an exchange with Trigiani about whether people can change.

The victim described McIntosh as “incredibly sick” and said she would not have endured the long legal ordeal had the rape not happened.

McIntosh was originally sentenced to house arrest and fines and restitution to the victim in March 2005. Following large public outcry, the prosecution appealed the decision on the grounds that it was too lenient. Appeals courts concurred and sent the case back to the lower court.

State sentencing guidelines call for three-to-six years in prison for McIntosh’s offense.

The defense alleges that the original sentence, handed down by Common Pleas Judge Rayford Means – who recused himself from the case last September – was the result of a backroom deal between Means and attorneys on both sides.

That deal, the defense claims, stated that McIntosh would not go to prison in exchange for his no-contest plea.

Means has never publicly stated the reasoning behind his original sentence.

The victim reached confidential settlements in civil suits against both McIntosh and Penn in January 2007.

Staff writer Alyssa Schwenk contributed reporting to this article.

Comments (22)

Did he pour the alcohol down her throat? Did he drag her kicking and screaming back to his office? How do you force someone to smoke marijuana? It must have been force; a 23 year-old adult cannot be "coerced" unless they are mentally handicapped. An "innocent young woman" would have stopped at the second drink and ended the evening by going home alone. Penn taught me that. Was she "absent that day?" There is a big difference between "regret" and "rape," and I had hoped that our judicial system was capable of interpreting that. Shame on her for being vindicitve. Shame on him for adultery. Neither or both of them should have been judicially punished.

[QUOTE id="510e4b1b-ceea-48c2-9804-f39dbaae7d16"]Is it so obvious that the only solution is to send Professor MacIntosh to jail and destroy his life? What kind of a fucked up criminal justice system have we created in this country?[/QUOTE] How dare they treat the good Dr. this way! This sort of treatment is supposed to be reserved for black males between age 18-30!! America needs to get their priorities back in order. :)

[QUOTE id="510e4b1b-ceea-48c2-9804-f39dbaae7d16"]Is it so obvious that the only solution is to send Professor MacIntosh to jail and destroy his life? What kind of a fucked up criminal justice system have we created in this country?[/QUOTE] One where no one is above the law - and individuals are held accountable for their behavior. He ruined his own life by his irresponsible behavior; he has no one to blame but himself. It's about time that he was put in his place. Let this serve as a wake up to call to other arrogant and clueless professors who think they are above the law.

Dear Alumni (and that includes all of you): I thought the idea of a legal system was to find facts, not humble people because of their status and rank. Silly me. Your line of thinking was hugely popular during the 1970's when China engaged in that fabulous social engineering program they called the Cultural Revolution. It was real thrill if you had a chip on your shoulder and a burning desire to be a hangman.

[QUOTE id="056a5de2-a895-4d48-8bee-41cff7d7c8ab"]Dear Alumni (and that includes all of you): I thought the idea of a legal system was to find facts, not humble people because of their status and rank. Silly me. Your line of thinking was hugely popular during the 1970's when China engaged in that fabulous social engineering program they called the Cultural Revolution. It was real thrill if you had a chip on your shoulder and a burning desire to be a hangman.[/QUOTE] First sign that a poster is not capable of rational argument: Comparison of situation under discussion to Fascism, Nazism, or Communism

Hmm. Guess some people aren't too good for jail after all.

The issue is not whether the woman acted irresponsibly, got drunk, and then had sex. The issue is whether or not she was capable of giving consent. She states that she vomited, so she was clearly VERY drunk. If she passed out, or even if she was incapable of verbally giving consent, it was rape.

Why does his resentencing, after having already served a sentence of house arrest, not constitute double jeopardy?? How would you feel if you were sentenced for a crime, completed the sentence without any further misbehavior, and then several years later, the "victim" gets depressed and you get resentenced for the same exact crime??? If this is not double jeopardy, then i dont know what is..

[QUOTE id="27d97c60-5546-4767-9d29-0864e4010783"]Why does his resentencing, after having already served a sentence of house arrest, not constitute double jeopardy?? How would you feel if you were sentenced for a crime, completed the sentence without any further misbehavior, and then several years later, the "victim" gets depressed and you get resentenced for the same exact crime??? If this is not double jeopardy, then i dont know what is..[/QUOTE] Simple answer. Because the prosecutors illegally made a "back room" deal with the judge for this scumbag to get off light. Don't be mad, just make sure you don't do the same thing. Like someone else stated, it looks like some people aren't too good for jail after all. :)

Other articles cite evidence of McIntosh using rufees from his lab to induce the vomiting and inebriated state. This seems to be the primary reason why the victim was "barely conscious" at the time of the assault, and not because of some drinking that went on that night. There was also a littany of other testimonies from women who had "similar experiences" as the victim. Last time I checked, rufeeing a girl half your age and taking her back to your office for unconscious sex was pretty vile and probably merits some pretty severe justice.

[QUOTE id="7aadc60c-16b3-40bd-a95a-7fab53b7fdd6"] I also can't help but wonder if there was something she wanted that she didn't get, thus prompting these allegations. Like maybe admission to med school? I certainly don't condone rape, but there is something big missing here...[/QUOTE] Like the rufees he gave her?

It's about time that this arrogant pompous @$$ was locked up. No one is above the law.

I can't believe she was totally innocent in this situation. While irresponsible on his part, I can't help but think that he took her out, had a few drinks, got her high, and had sex with her - nothing more. Sounds like a pretty benign night for most of the Penn students and 23 year-olds that I know... I also can't help but wonder if there was something she wanted that she didn't get, thus prompting these allegations. Like maybe admission to med school? I certainly don't condone rape, but there is something big missing here...

The whole victim litany doesn't add up. At what point did their drinking and getting high and going back to his office turn become a rape? When she woke up the next morning and concluded that this was the only possible explanation? There is a perfectly valid explanation that -but for the crime of political correctness- this woman is simply unwilling to assume any potion of the blame for an evening of alcohol, drug use and adultery. Is it so obvious that the only solution is to send Professor MacIntosh to jail and destroy his life? What kind of a fucked up criminal justice system have we created in this country?

[QUOTE id="de6017a0-0a65-4b21-a119-6d6a1cd33dc5"]Other articles cite evidence of McIntosh using rufees from his lab to induce the vomiting and inebriated state. This seems to be the primary reason why the victim was "barely conscious" at the time of the assault, and not because of some drinking that went on that night. There was also a littany of other testimonies from women who had "similar experiences" as the victim. Last time I checked, rufeeing a girl half your age and taking her back to your office for unconscious sex was pretty vile and probably merits some pretty severe justice.[/QUOTE] Didn't it say that she was the niece of McIntosh's college roommate? It would certainly be nice for a family friend to give you a tour of a college campus that you were going to attend for grad school. That is, nice until he drugs you and violates you. Just remember "women," next time your parents have friends over to the house, you should probably leave because if anything bad happens, it's going to be due to YOUR irresponsibilty and YOUR lack of self-respect. Yep, we're just stupid girls.

She was a Penn graduate! What kind of tour do you need after 4 years here?! And she wasn't in her home with a family friend - she was in a bar with a man twice her age looking for what? Mentoring? At night? In a bar? Sure, the guy is pretty creepy, but I still think she put out expecting to get into med school and failed.

[QUOTE id="9069c360-6561-4a8b-8bc2-aefd07203e0e"]She was a Penn graduate! What kind of tour do you need after 4 years here?! And she wasn't in her home with a family friend - she was in a bar with a man twice her age looking for what? Mentoring? At night? In a bar? Sure, the guy is pretty creepy, but I still think she put out expecting to get into med school and failed.[/QUOTE] The articles say she didn't go to Penn for undergrad, and that she was accepted to the vet school. Coming to a new campus, meeting up with a family friend, this seems like a pretty legit outing for anyone coming in to a new city. At least not anything that one would think risky. http://www.prisonsociety.org/ldrshp/editorial12.shtml It sounds like justice was finally served.

[QUOTE id="de6017a0-0a65-4b21-a119-6d6a1cd33dc5"]Other articles cite evidence of McIntosh using rufees from his lab to induce the vomiting and inebriated state. This seems to be the primary reason why the victim was "barely conscious" at the time of the assault, and not because of some drinking that went on that night. There was also a littany of other testimonies from women who had "similar experiences" as the victim. Last time I checked, rufeeing a girl half your age and taking her back to your office for unconscious sex was pretty vile and probably merits some pretty severe justice.[/QUOTE] Doesn't say a whole lot for these "women" who agree to drink with a man twice their age, does it? It's pretty easy NOT to be a victim. What did they think - that they were being "mentored" in a bar? Maybe if these women had a little more self-respect, they wouldn't find themselves in dangerous situations that they might later regret. I went to Penn and never drank with a Prof, nor would I have. I also never got date raped. It's a shame that an Ivy League education can't buy you common sense... Stupid girls!

[QUOTE id="510e4b1b-ceea-48c2-9804-f39dbaae7d16"]The whole victim litany doesn't add up. At what point did their drinking and getting high and going back to his office turn become a rape? When she woke up the next morning and concluded that this was the only possible explanation? There is a perfectly valid explanation that -but for the crime of political correctness- this woman is simply unwilling to assume any potion of the blame for an evening of alcohol, drug use and adultery. Is it so obvious that the only solution is to send Professor MacIntosh to jail and destroy his life? What kind of a fucked up criminal justice system have we created in this country?[/QUOTE] I am wondering if there are any Penn students who agree with this -- or whether this is perhaps the stance of someone from outside the community. I'd like to hear others' thoughts. It is absolutely obvious to everyone that McIntosh belongs in prison, or is this perhaps an error?

[QUOTE id="510e4b1b-ceea-48c2-9804-f39dbaae7d16"]The whole victim litany doesn't add up. At what point did their drinking and getting high and going back to his office turn become a rape? When she woke up the next morning and concluded that this was the only possible explanation? There is a perfectly valid explanation that -but for the crime of political correctness- this woman is simply unwilling to assume any portion of the blame for an evening of alcohol, drug use and adultery. Is it so obvious that the only solution is to send Professor MacIntosh to jail and destroy his life? What kind of a fucked up criminal justice system have we created in this country?[/QUOTE] 100% agreed...and I am a Penn student...

When some situations are created is too late to come back!!!she has part of the responsibility for that nightmare|I do not beleive that Tracy planned that situation, drugs alcohol and marijuana, but after all.......only both people involved are capable to say.

He got his sentence increased from 11 - 23 months to 3 1/2 - 7 years? Tough break...hard to know for sure exactly what happened

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