BENNINGTON -- A 17-year-old boy is facing a felony sex assault charge stemming from an incident that allegedly happened in October.

Scott Foucher Jr., of Gage Street, pleaded not guilty Thursday in Vermont Superior Court to sexual assault on a victim under 16. The charge carries a maximum 20-year sentence, prompting Judge Nancy Corsones to tell Foucher that he is in a "boat-load of trouble" and to take his conditions of release seriously. "If you blow it, there’s every chance bail is going to be set, so don’t blow it," she said.

Foucher’s conditions require him to abide by a 24-hour curfew at his father’s home with exceptions for school, court, and medical appointments, not have unsupervised contact with anyone under 16, check in daily at the Bennington Police Department, and not have or use a cell phone.

According to an affidavit by Bennington Police Detective Sgt. David S. Rowland, on Oct. 12 the mother of a 13-year-old girl told police she suspected her daughter and Foucher had sexual contact on the night of Oct. 11, a Friday. An interview with the girl was scheduled for Monday, however on Sunday at 7 p.m. Rowland was informed that a 12-year-old girl had attempted suicide, and it was in that girl’s home where the incident between Foucher and the 13-year-old girl allegedly took place.

Rowland wrote that the 12-year-old girl died at the Albany Medical Center in New York on Oct. 14, a circumstance which pushed his interview with the 13-year-old girl to Oct. 16.

Police interviewed a male who said he was with Foucher when they went to a house on Oct.


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11. The male said there were a number of girls there playing Truth or Dare.

The 13-year-old girl told police she was at a party with other girls and she invited Foucher over via Facebook. She said while there, he groped her despite her telling him not to. She said she was dared to perform a sex act with Foucher, which she was reluctant to do, but he repeatedly asked and she was dared again, so she did.

The parent of another girl heard about the part and informed the 13-year-old girl’s mother, which led to the conversation with police.

Deputy State’s Attorney Christina Rainville said another girl is being interviewed about the incident.

The affidavit was filed Jan. 7. A warrant for Foucher’s arrest had been out for some time. It is not clear what circumstances brought him to court on Thursday.

Police said Foucher was 17 when the alleged incident took place, and the girl 13.

Contact Keith Whitcomb Jr. at kwhitcomb@benningtonbanner.com or follow him on Twitter @KWhitcombjr.