Andrew Nieman of Brookings, 37, was sentenced July 14 to 10 years in state penitentiary with five years suspended after pleading no contest to a charge of rape in the fourth degree.

South Dakota statute defines fourth-degree rape as sex involving a victim younger than 16 but older than 13 and a perpetrator at least three years older than the victim. It is a class 3 felony punishable by up to 15 years in the state penitentiary and/or a $30,000 fine.

In exchange for Nieman stipulating to the facts in the case, the state’s attorney’s office dismissed five additional counts against him.

“Mr. Nieman was held accountable for his actions. The plea agreement and the State’s recommendation of five years took into consideration the victim’s welfare and the protection of our community,” State’s Attorney Dan Nelson said.

Nieman was indicted and eventually arrested on a warrant for 6 counts of Rape in the 4th Degree in June of 2021. He came to a plea agreement with the state but had to wait for sentencing until a psychosexual evaluation could be performed, according to state law. 

He will be credited with 757 days — more than two years — served in the Brooking County Detention Center.

Nieman was also fined $883.50 along with $2387.04 in court costs and 66.50 in surcharges. He received fines and court costs totaling $3,337.04.  He must register as a sex offender and have no contact with the victim or any unsupervised contact with any person under the age of 18.

Nieman was sentenced by Judge Gregory Stoltenburg.

Linehan is The Register’s managing editor and welcomes comments at jlinehan@brookingsregister.com