65 years for child rape, sexual contact

Jill Fier, The Brookings Register
Posted 2/14/17

BROOKINGS – An Elkton man convicted of raping one girl and having sexual contact with another at his home last summer has been sentenced to 65 years in prison.

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65 years for child rape, sexual contact

Posted

BROOKINGS – An Elkton man convicted of raping one girl and having sexual contact with another at his home last summer has been sentenced to 65 years in prison.

Authorities said that John Waite, 59, raped and molested two girls, ages 8 and 9, between June 2 and Aug. 21, 2016. The defendant and the girls were known to one another.

Waite entered no contest pleas in Brookings County Circuit Court in December. First-degree rape is a Class C felony punishable by up to life in prison and a $50,000 fine and carries a mandatory minimum of 15 years in the state penitentiary. Sexual contact with a child under 16 is a Class 3 felony with a maximum sentence of 15 years in prison and a $30,000 fine.

Brookings County Deputy State’s Attorney Abigail Howard said that in exchange for Waite’s no contest pleas, five additional counts of first-degree rape and one count of sexual contact were dismissed. Howard made no argument at sentencing this week.

Before sentencing, defense attorney Robert Fite noted that Waite has a long list of health problems. He’s been incarcerated for several months and has caused no problems at the Brookings County Detention Center, Fite added.

The attorney said Waite had held a job in Brookings for more than a decade before his arrest, and Waite voluntarily met with law enforcement officers and cooperated with their investigation.

Fite said Waite’s psychosexual evaluation showed he has a low to moderate risk to reoffend. By entering a plea rather than going to trial, Waite also prevented causing his victims any more pain, trauma or harm, Fite added.

Fite asked the court to consider imposing the 15-year mandatory minimum sentence.

Circuit Judge Greg Stoltenburg told Waite that he committed serious, offensive crimes with “multiple victims affected the rest of their lives, in a traumatic way.”

Waite’s attorney had previously said that Waite pleaded no contest to the crimes because he was drinking at the time and didn’t remember committing them. But Stoltenburg said the use of alcohol was no excuse for his conduct.

“You sobered up, drank again and repeated this conduct on these young girls,” the judge said.

Stoltenburg then sentenced Waite to 50 years in prison on the rape conviction and 15 years in prison for sexual contact. The sentences will run consecutively.

Waite has to pay court-appointed attorney fees, $208 in court costs, and $1,800 as reimbursement for his psychosexual evaluation. If Waite is released on parole, he has to remain law abiding, follow the rules and regulations of the Board of Pardons and Paroles and cannot have any contact with his victims.

Waite was given credit for 148 days already served in jail and was remanded to custody for transport to the state penitentiary.

Contact Jill Fier at jfier@brookingsregister.com.