Adam Brokaw, 43, of Batavia, was sentenced to 6 months in the Genesee County Jail and 10 years probation in Genesee County Court late this afternoon after a three hour session.
Brokaw will also pay restitution in the amount of $489. 69 to the victim for counseling and prescription costs.
Two orders of protection were issued, one for the female victim and her husband, which will remain in effect until April 26, 2029.
Brokaw pleaded guilty to one count of sexual abuse 1st, a class D felony, on February 20, 2019.
The indictment, filed in July of 2018, accused Brokaw of attempting to engage in sexual intercourse with another person who was incapable of consent by reason of being physically helpless from November 11-12, 2017 in the City of Batavia.
Batavia Police say the incident occurred at a party at a residence in the City of Batavia. The victim and her family were friends with Brokaw and his family.
Brokaw was a former corrections officer at the Albion Correctional Facility.
In Court, the victim read a statement explaining what occurred on the night of November 11, 2017 and explained what she has gone through over the past 17 months dealing with PTSD and flashbacks in the middle of the night.
The victim was invited to the high school reunion themed party and says it never crossed her mind it would be the last time her life would be normal.
She says she does not remember how she got from the basement to the porch to vomit and does not recall how she ended up on the couch in the living room. The victim was intoxicated after consuming almost a whole bottle of Goldschlager according to First Assistant DA Melissa Cianfrini.
“She was so drunk she could not sit up on her own and her eyes were shut, she was physically helpless. The defendant knew she was intoxicated and she was unconscious.”
The victim thought she was safe among friends.
While cleaning up after his wife went to bed, Brokaw noticed that the victim’s pants were unbuttoned and her pants were half off. Brokaw, who also was intoxicated, became aroused according to his attorney Matthew Lembke.
The victim said that even though she was unconscious, she recalls some of the incident and the heavy breathing and hearing the click of a camera and the flash going off.
After becoming conscious, the victim noticed her underwear and clothing were twisted around.
Brokaw’s wife then drove the victim to the hospital to be checked for rape.
“Your wife held me, I was poked and prodded, there are 20 steps to a rape kit. I had to take a plan B pill.,” which caused sever cramping.
The victim was also checked for STD’s and all her clothing was bagged as evidence along with checking under her nails her hair.
“We were friends for 5 years before this, you’re a piece of shit scumbag who took advantage of me in a vulnerable situation.”
“Innocent people do not plead guilty to class D violent felonies.”
“I will relearn that I am a strong person,” the victim said.
“You took an oath to serve and protect in the Navy and as a Correctional Officer and you did not protect.”
After a lengthy presentation by Brokaw’s attorney on how much he has suffered also over the last 17 months, losing his job and with depression and about how people do inexcusable things, Matthew Lembke tried to convince the Judge that probation would be best for Brokaw and retribution should not be part of the sentence.
Before he was sentenced, Brokaw told the Judge he was sorry for what happened.
In cases like this there is always a lot of emotions on both sides and my job is to not let that be part of the sentence. My job is not for leniency or mercy. You did what you did, alcohol does not excuse this. The fact that you allowed this to transpire knowing she was someone who trusted you. Its a factor she had to endure, you violated her personally and emotionally.”
“I don’t think you are a monster, but you committed a monstrous act. You hurt somebody, there are consequences.”