No prison for former Colorado student who 'raped a helpless young woman'

[Tennis]

A former University of Colorado student has been spared a state prison sentence for his sexual assault conviction, drawing angry comparisons from victim advocates to the lenient punishment a Stanford University swimmer received in a similar case.

Austin James Wilkerson, 22, was sentenced on Wednesday to two years in Boulder County jail, making him eligible for a work-release program where he can go to a regular job or attend school during the day but spend his nights in the county lockup.

Following completion of the two-year jail term, Wilkerson will remain on probation for at least 20 years.

Wilkerson was convicted in May of sexual assault on a helpless victim and unlawful sexual contact, both felonies, stemming from a 2014 attack on an intoxicated woman.

Under Colorado law, Wilkerson faced a possible state prison sentence ranging from eight years to life. But Boulder County District Court judge Patrick Butler apparently was swayed by county probation officials who recommended against sending him to a state penitentiary. The probation department's pre-sentencing report cited Wilkerson's lack of a criminal history and what it characterized as his acceptance of responsibility.

Prosecutors, however, said Wilkerson deserved prison time, noting the defendant's betrayal of his assurances to the victim's friends that he would take care of her after she had too much to drink.

'Repeatedly lied about what he did'

"[T]his defendant raped a helpless young woman ... tried to cover up his crime, and then repeatedly lied about what he did — including under oath at trial," prosecutors wrote.

Brie Franklin, executive director of the Colorado Coalition against Sexual Assault, denounced the decision on Thursday. She likened it to the six-month jail sentence a California judge imposed in June on former Stanford University swimmer Brock Turner following his conviction for sexually assaulting an unconscious woman, which sparked widespread condemnation.

"We have seen over and over the failure of the criminal justice system to consider the trauma and life-long effects experienced by victims," Franklin said in a statement.

One of Wilkerson's prosecutors, Caryn Datz, told Reuters there were "parallels" between the two cases, and that Butler was within his discretion to impose the lesser punishment, as was the California judge in the Turner sentencing.

"We were disappointed in the outcome but not necessarily surprised," Datz said, adding that the judge made it clear to Wilkerson that any violations of the terms of his confinement or probation could result in prison time.

http://www.cbc.ca/news/world/austim-...lels-1.3717912

How terrible. He should have gotten life and instead he won't even face any prison time. No wonder so many people are losing faith in the justice system.

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More details..

“He made certain his roommate saw him checking her pulse and temperature, and giving her water,” prosecutors wrote. After the assault of the woman, who was then a first-year student and is now 21 years old, “he sent a message to the victim’s friend who then thanked him for caring for the victim”.

Wilkerson later told a university investigator that he had made “repeated advances on the victim, but that she rebuffed him each time”, and that he felt “pissed off” and that she was a “fucking bitch”, according to prosecutors.

After initially denying the extent of the assault, he allegedly admitted to friends that he had “fingered a girl while passed out” and “let his hands wander”. Before the trial, he claimed to officials that the assault started consensually, but that she wasn’t very responsive while he penetrated her and ejaculated on her stomach.

Wilkerson, however, allegedly changed his story at trial, claiming that the victim was not inebriated and that she had engaged with him “passionately”, according to prosecutors.

“This defendant raped a helpless young woman ... tried to cover up his crime, and then repeatedly lied about what he did – including under oath,” prosecutors wrote.

[Rudol Von Stroheim]

Tennis and a rape thread?

I'm going to slowly back out now.

[Dextroden]

I can never remember. Is Tennisballs pro or anti long prison sentences?

[DisposableHero]

How terrible. He should have gotten life and instead he won't even face any prison time. No wonder so many people are losing faith in the justice system.

Facts for one moment: he was sentenced to 2 years in a county jail. He did not escape prison time, he merely escaped the state level of prison and the longer sentencing guidelines that go along with it. 2 years in jail and 20 years probation.

Now that we've cleared that up, feel free to continuing discussing what a miscarriage of justice this is using articles that don't offer any facts about the judges proclaimed reasoning in the reduced sentencing.

[Tennis]

Facts for one moment: he was sentenced to 2 years in a county jail. He did not escape prison time, he merely escaped the state level of prison and the longer sentencing guidelines that go along with it. 2 years in jail and 20 years probation.

Now that we've cleared that up, feel free to continuing discussing what a miscarriage of justice this is using articles that don't offer any facts about the judges proclaimed reasoning in the reduced sentencing.

How much time is he spending in prison? Not any time. Only in a county jail. You need to go educate yourself on the difference between the 2.

[Gamdwelf]

2 equals zero now?

[apples]

How much time is he spending in prison? Not any time. Only in a county jail. You need to go educate yourself on the difference between the 2.

in the US the only difference between a prison and a jail is the length of time inmates typically stay

"educate yourself", lol.

[purebalance]

How much time is he spending in prison? Not any time. Only in a county jail. You need to go educate yourself on the difference between the 2.

County Jail is actually worse than prison in terms of pretty much everything except the people you're in with.

On topic, honestly I don't think drunk should be a reason to be able to claim rape. I mean hell I guess DUI should be abolished from the law then too since you "didn't know what you were doing and had no control over your body" right? How is it that getting into a car you have responsibility no matter how drunk you are and yet having sex the minute you're at .08 you can make any mistake you want and claim you were too drunk to consent.

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in the US the only difference between a prison and a jail is the length of time inmates typically stay

"educate yourself", lol.

This. And because people are staying in county jail typically short stints, the conditions are far worse. My friend had a DUI hit and run and had to spend 20 days in one and he had to sleep on the floor the entire time.

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Also I guess all of those refugees who raped people should be doing life in prison right?

[DisposableHero]

How much time is he spending in prison? Not any time. Only in a county jail. You need to go educate yourself on the difference between the 2.

The difference, at least based on the comments of most US law enforcement agencies who have released material on the subject, is the length of the stay. Like I said, he got a reduced sentence based on judicial discretion, but he still got a custodial sentence. Implying he escaped a custodial sentence as you did is factually inaccurate.

I'd also like to see something from the Judge on why he gave this young man a reduced sentence rather than solely the outraged hyperbole of the prosecution.

[BannedForViews]

Facts for one moment: he was sentenced to 2 years in a county jail. He did not escape prison time, he merely escaped the state level of prison and the longer sentencing guidelines that go along with it. 2 years in jail and 20 years probation.

Now that we've cleared that up, feel free to continuing discussing what a miscarriage of justice this is using articles that don't offer any facts about the judges proclaimed reasoning in the reduced sentencing.

Is it similar to why we should care about what most other judges who do this think? The boys life should not be ruined, the girl was asking for it by drinking, etc etc?

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in the US the only difference between a prison and a jail is the length of time inmates typically stay

"educate yourself", lol.

Not even close. Prison is where you get ass raped in the showers, jail is where you cit in a cell for a day or two because you were drunk. This kid gets to lead a normalish life and sleep in a cell. He doesnt get to be stuck in one for decades with other harded criminals who will do to him what he did to that girl.

[GennGreymane]

I can never remember. Is Tennisballs pro or anti long prison sentences?

"Tennisace doesn't do what Tennisace does for Tennisace. Tennisace does what Tennisace does because Tennisace is... Tennisace." -Genn Greymane

[Gamdwelf]

"Tennisace doesn't do what Tennisace does for Tennisace. Tennisace does what Tennisace does because Tennisace is... Tennisace." -Genn Greymane

A truer statement never spoken.

[Tennis]

The difference, at least based on the comments of most US law enforcement agencies who have released material on the subject, is the length of the stay. Like I said, he got a reduced sentence based on judicial discretion, but he still got a custodial sentence. Implying he escaped a custodial sentence as you did is factually inaccurate.

I'd also like to see something from the Judge on why he gave this young man a reduced sentence rather than solely the outraged hyperbole of the prosecution.

We need justice. Someone's race or position in society should not affect their sentence. If you rape a woman you need to face major prison time.

[BannedForViews]

County Jail is actually worse than prison in terms of pretty much everything except the people you're in with.

On topic, honestly I don't think drunk should be a reason to be able to claim rape. I mean hell I guess DUI should be abolished from the law then too since you "didn't know what you were doing and had no control over your body" right? How is it that getting into a car you have responsibility no matter how drunk you are and yet having sex the minute you're at .08 you can make any mistake you want and claim you were too drunk to consent.

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This. And because people are staying in county jail typically short stints, the conditions are far worse. My friend had a DUI hit and run and had to spend 20 days in one and he had to sleep on the floor the entire time.

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Also I guess all of those refugees who raped people should be doing life in prison right?

So you dont think rape is a crime if youre drunk? You think itd be cool i the next time you threw back a 6 pack some dude ripped you ass apart with his dick? Share you address and Im sure someone will be willing to share a "special moment" with you.

[AeneasBK]

The difference, at least based on the comments of most US law enforcement agencies who have released material on the subject, is the length of the stay. Like I said, he got a reduced sentence based on judicial discretion, but he still got a custodial sentence. Implying he escaped a custodial sentence as you did is factually inaccurate.

I'd also like to see something from the Judge on why he gave this young man a reduced sentence rather than solely the outraged hyperbole of the prosecution.

I maybe misread or misunderstood but isn't the leniency of a sentence being 2 years allow him to not actually "be" in prison during the daytime, only at night, under some "not try to ruin your life" scheme...

Austin James Wilkerson, 22, was sentenced on Wednesday to two years in Boulder County jail, making him eligible for a work-release program where he can go to a regular job or attend school during the day but spend his nights in the county lockup.

[DisposableHero]

I maybe misread or misunderstood but isn't the leniency of a sentence being 2 years allow him to not actually "be" in prison during the daytime, only at night, under some "not try to ruin your life" scheme...

A strict work release program is generally more about reducing the societal cost of imprisoning a citizen than it is about providing that inmate some quality of life.

[noidentity]

If this guy deserves life in prison then you be petitioning the Canadian justice system to put the Balaclava Rapist back behind bars right now.

[apples]

A strict work release program is generally more about reducing the societal cost of imprisoning a citizen than it is about providing that inmate some quality of life.

one in the same

[AeneasBK]

A strict work release program is generally more about reducing the societal cost of imprisoning a citizen than it is about providing that inmate some quality of life.

Oh fair enough the attnding classes/have a job was what made me think the other.

[Gamdwelf]

We need justice. Someone's race or position in society should not affect their sentence. If you rape a woman you need to face major prison time.

Become a policy maker then and put minimum sentence for rape to life in prison