A former Brigham Young University student has been sentenced to 120 days in jail after being convicted of three counts of sexual abuse. All three counts that remained in the criminal case against the young man are classified as second-degree felonies under Utah law. Prosecutors had originally charged the man with a string of sex crimes and a jury returned guilty verdicts on the six counts of second-degree felony charges in July.
Before imposing sentence, the judge dismissed three felony counts. The judge ruled that the prosecutor committed error during closing argument when the prosecutor made comments about facts not presented to the jury during trial. The prosecutor sought prison time on the remaining felony convictions. The criminal defense sought a lesser sentence. The defendant reported spoke on his own behalf before the judge, offering his apologies.
The judge then imposed the lesser sentence. The former BYU student is expected to spend roughly 40 to 60 days in jail if he earns good time. The young man may be allowed to return to his home state. The judge placed the defendant on 36 months’ probation in addition to the jail time. The defendant will undergo sex offender treatment under the sentence. He has also been ordered to pay fines, fees and restitution as part of the sentencing order.
The charges of forcible sexual abuse arose after alleged incidents in a dorm room at BYU. Authorities accused the student of molesting two men in his freshman dorm. The first alleged assault occurred in October 2011. A second incident was reported in January 2012. Police claim that the student sexually assaulted another male in each of the incidents when the men were sleeping.
Source: Daily Herald, “Former BYU student sentenced to jail in sex abuse case,” Jim Dalrymple, Oct. 5, 2012