Lenger pleads guilty to rape, sexual contact

30-year sentence recommended by state’s attorney

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BROOKINGS – A Brookings man has admitted to raping and having sexual contact with a 13-year-old girl, and he could face a recommended 30 years in prison at sentencing next month.

Dalton Lenger, 24, pleaded guilty in Brookings County Circuit Court Tuesday to second-degree rape and sexual contact without consent of a person capable of consenting.

A criminal complaint says that on or between July 7, 2018, and Feb. 28, 2019, Lenger raped the victim by the use of coercion, accompanied by the apparent power of execution, and had sexual contact with the same victim.

In exchange for the pleas, Brookings County State’s Attorney Dan Nelson said he is recommending 30 years in the penitentiary on the second-degree rape charge with none of the time suspended, 365 days in jail on the sexual contact charge, and no credit for the remaining days Lenger will serve in the county jail prior to his sentencing hearing.

The defendant may argue for suspended time or less than 30 years in prison.

All remaining charges in Brookings County will be dismissed, and there will be no additional charges filed in Minnehaha and Davison counties.

The sentence in the case is ultimately up to the court.

Second-degree rape is a Class 1 felony punishable by up to 50 years in prison and a $50,000 fine, and sexual contact is a Class 1 misdemeanor with a maximum punishment of one year in jail and a $2,000 fine.

Circuit Judge Greg Stoltenburg accepted Lenger’s pleas Tuesday and ordered a pre-sentence investigation and a psychosexual evaluation. Sentencing is scheduled for 1:30 p.m. Aug. 25.

Nelson said the plea agreement prevented further trauma to the victims in the case.

“For a 24-year-old with no criminal history, the 30-year penitentiary sentence the State is recommending will serve as a strong reminder to Mr. Lenger and the public that accountability follows actions, no matter who you are,” Nelson said. 

“Through the efforts of the State’s Attorney Office and the Brookings Police Department, the two courageous victims in this case were never subjected to further trauma as a result of testimony in this prosecution. 

“The question that needs answering in every case of this nature is whether justice can be achieved without causing further trauma to victims.

“A 30-year sentence in the penitentiary combined with receiving no credit for the 450-plus days he’s spent in jail was the right balance between protecting children and obtaining significant convictions for sexual predators.”

Contact Jill Fier at jfier@brookingsregister.com.