Gausman conviction affirmed by appeals court
SMETHPORT — The Pennsylvania Superior Court has affirmed the conviction of a Kane man accused of incest, rape and other crimes.
Brian Gausman, then 43, was convicted at a jury trial in late August 2023 of rape, involuntary deviate sexual intercourse, sexual assault, and two counts each of incest of a minor and indecent assault.
Found to be a sexually violent predator, Gausman was sentenced in late August 2024 in McKean County Court to 18 to 36 years in state prison, plus three years of consecutive probation.
McKean County District Attorney Stephanie Vettenburg-Shaffer said at the time that “the sentence imposed by the judge is near the very maximum range set by the legislature.”
In denying his appeal, the state Superior Court upheld Gausman’s conviction and sentence.
Other terms of his sentence prohibit Gausman from having any contact with the victim or unsupervised contact with any juveniles, and require him to undergo sex offender treatment as well as register for his lifetime as a sexually violent predator. He is ineligible for early parole.
According to court documents, witnesses testified that on Aug. 7, 2022, Officer Michael Henry of Kane Borough Police Department was dispatched to Gausman’s residence on Welsh Street for a report of a suicidal male. On-scene, Henry encountered Gausman and a teenage female relative who later disclosed Gausman’s crimes.
Henry investigated the matter and Shaffer prosecuted the case on behalf of the commonwealth. Shaffer said anyone who suspects child abuse is urged to call Childine at (800) 932-0313.