ASHEVILLE, N.C. (828newsNOW) — An Asheville man was sentenced to more than six months in jail after being found guilty Thursday of secret peeping and misdemeanor sexual battery.
Bart William Zink, 55, was sentenced to serve 202 days in jail for what the district attorney called a “drug-facilitated sexual assault.”
The victim testified she was sexually assaulted by Zink after he invited her to his house to party on May 22, 2022, a news release from Buncombe County District Attorney Todd Williams said. When the victim arrived, Zink was the only person there.
Zink served the victim alcohol and when the victim stated that it was time for her to leave, Zink recommended she not drive and convinced her to stay, the news release said. The victim testified that she recalled falling asleep in a recliner but awoke the following morning in Zink’s bed with Zink beside her.
Jurors saw a 4-minute video from Zink’s phone that showed him making the victim, who appeared to be unconscious, touch him, the news release said. The video also showed him touching her.
“This is an outrageous case of drug facilitated sexual assault and I’m sure many would be shocked to learn that the crime presented to the jury this week is only a misdemeanor in the State of North Carolina – not a felony. It should be a felony – a serious felony with a substantial prison term. Considering the facts of this case, I call on the North Carolina General Assembly to pass a new crime of felony Aggravated Sexual Battery to fully hold accountable predators like Zink who commit crimes of drug facilitated sexual assault,” Williams said in the news release.
In a victim-impact statement at sentencing, the victim said she had suffered immensely as a result of Zink’s actions. She said she had experienced trouble sleeping and eating and that she suffered feelings of shame, the news release said. She asked the court to sentence Zink to the maximum sentence possible.
While the maximum punishment for misdemeanor sexual battery is 150 days in jail, Zink’s prior criminal history allowed him to be sentenced to a term of not more than 75 days. Because Zink recorded the illicit video, he was sentenced to serve a 30-month term on supervised probation for felony secret peeping – a lower level, Class I felony in the State of North Carolina. As a condition of probation, Zink was ordered to serve a 127-day split sentence to be served consecutive to the 75-day term imposed in the misdemeanor conviction, the district attorney’s news release said.
Zink was sentenced to the maximum time in custody allowed by statute, Williams said in the release.
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The Buncombe County Family Justice Center is a safe place where victims of domestic violence, sexual assault and elder abuse can go for help. CLICK HERE for more information and resources.