Douglas County, Kansas
A Douglas County District Judge sentenced 23-year old Albert N. Wilson to over 12-years (147 months) in prison after Wilson was convicted of rape. The judge followed up the sentence with a lifetime of supervised release, and ordered Wilson to register as a sex offender after his release.
The Lawrence Journal World (LJWorld.com) reported, the 12-years in prison was the low end of the sentencing guidelines for the charge, and also taking into consideration that Wilson, who was a student at the University Of Kansas at the time, had no prior criminal record. Wilson’s court appointed attorney, Forrest Lowry, asked that the judge depart from the sentencing guidelines and grant Wilson probation or a prison sentence substantially lower than the 12-years the judge suggested. The judge denied the request. Wilson was convicted by a jury on a charge of rape by force or fear on January 10th. Here are the circumstances jurors used to come up with their decision, and the judge used as justification not to depart from sentencing guidelines:
Back in 2010, Wilson, then 20-years old, and the victim, then 17-years old, were inside a bar drinking. Wilson used a friends’ ID to sneak into the bar. The victim was not carded at all and allowed to enter the premises and drink. The two met while in line waiting to enter the “Boom Boom Room”, a crowded dance floor in the basement of the bar. The victim stated that she’d been drinking beforehand. She said Wilson began lifting her skirt while the two danced on the dancefloor. At some point, the victim and Wilson left the bar together and headed back to his house a few blocks away. The victim stated that when they got to the house, Wilson attempted to have sex with her, at which point she told him “No, I’m too drunk, I can’t do this.”. It was then, the victim testified, that Wilson held her down and raped her. The victim says afterward she went back to the bar. The next day she went to the hospital with her cousin for a sexual assault examination. Wilson testified that he thought the witness wanted to have sex with him. Wilson testified that the two never ended up having sexual intercourse. They only engaged in “sexual acts”. The victim testified that Wilson had intercourse with her. DNA evidence supported Wilson’s claims of no sexual intercourse. The state argued that photos from the sexual assault exam at the hospital the next day corroborated the victim’s claims that Wilson held down and bruised her legs while raping her.
At sentencing, the judge said Wilson had “robbed the victim of the person she would go on to become.” And added that “What he did to her violated and changed her.” The judge also called Wilson’s behavior “predatory.”