A former University of Colorado student convicted of raping a drunken woman he was pretending to care for was spared prison Wednesday as a Boulder judge sentenced him to jail work-release and probation.
Austin James Wilkerson, 22, was found guilty in May of sexually assaulting a helpless victim and unlawful sexual contact.
At Wednesday's hearing, District Judge Patrick Butler sentenced Wilkerson to 20 years to life on probation and 2 years in the Boulder County Jail on a program that will allow him to leave jail during the day to work or go to school.
Wilkerson was immediately taken into custody following the sentencing. Boulder County sheriff's officials said they will not release Wilkerson's booking photo until Thursday at the earliest.
The sexual assault count, a Class 3 felony, carried a presumptive prison sentence of four to 12 years. But under Colorado law, the sex assault charge is subject to indeterminate sentencing, which means Wilkerson would not have been released from prison until he was deemed fit.
That was one of the reasons Butler decided not to levy a prison sentence, which prosecutors had sought.
"I've struggled, to be quite frank, with the idea of, 'Do I put him in prison?'" Butler said, adding that he spoke to people in the prison and jail system about what kind of treatment Wilkerson would receive.
Advertisement
"I don't know that there is any great result for anybody," Butler said. "Mr. Wilkerson deserves to be punished, but I think we all need to find out whether he truly can or cannot be rehabilitated."
The victim, who was present at the hearing but left before the defense addressed the court, asked Butler to send Wilkerson to prison.
"Have as much mercy for the rapist as he did for me that night," she told the judge.
...
LaBuda had the ability to sentence Ryerson to up to six years in prison, which could have turned into a life sentence under Colorado's indeterminate sentencing law.
Prosecutors said Wilkerson sexually assaulted a female student March 15, 2014, after she had consumed too much alcohol, and he had told her friends he was going to take care of her.
At the time, Wilkerson was a CU student and a Ralphie handler for the Colorado football program. He is no longer a student at the school.
Butler also ordered that Wilkerson not have any contact with the CU campus while the victim was finishing school there, though Wilkerson's attorney said he has no plans to attempt to re-enroll at any point.
At the hearing, the victim spoke about the impact the rape which occurred when she was a freshman has had on her life.
"When I'm not having nightmares about the rape, retaliation or a retrial gone awry, I'm having panic attacks," she said. "Some days I can't even get out of bed."
At one point, she broke into sobs at the lectern. But when supporters approached her, she could be heard telling them, "No, I can do it," and continued.
While the pre-sentence report recommended Wilkerson receive probation and not prison time, Deputy District Attorney Caryn Datz had asked the judge for a prison sentence.
"There's an expectation out in the community that the criminal justice system protects its citizens," Datz said. "The community expects punishment for the crime of rape."
Datz said that while the probation department found Wilkerson remorseful, she said his actions at trial indicated otherwise.
"It was a five-day display of arrogance, entitlement, privilege and blatant disregard for the role of law," Datz said. "This defendant on the witness stand admitted he is willing to lie to gain an advantage to himself."
Butler, who was the trial judge, expressed concern about Wilkerson's testimony and echoed Datz's use of the word "entitled."
"Whether or not family and friends see that on a consistent daily basis, it's what I've at least noticed to be the theme of what I've been seeing and hearing," Butler said. "I do have some great concerns over, as I would describe it as, ways he tried to play the system."
...
A recent survey showed 28 percent of female undergraduates at CU say they were sexually assaulted during their time on campus, something that the judge, prosecutors and Wilkerson brought up at the hearing.
"I'm sorry I have perpetrated the cycle of sexual assault on college campus," Wilkerson said. "My actions can never be undone."
In her statements to Butler, the victim said the blame she felt was unfairly put on her from friends, a juror and even her own mother at times was the hardest part of the case.
"Worst of all is the victim blaming," she said. "'If I hadn't been drunk, this wouldn't have happened. If I hadn't gotten separated, this wouldn't have happened.' Yet it was excusable for him to rape me because he was drunk?"
Datz said one of the tough parts of her job is preparing survivors for what they will face at trial.
