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Mitchell man sentenced to jail, probation on rape conviction

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News Mitchell, 57301
The Daily Republic
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Mitchell South Dakota 120 South Lawler 57301

A Mitchell man will serve jail time and probation for a rape conviction.

Jerold Andersen, 31, was sentenced Tuesday during court at the Davison County Public Safety Center.

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Andersen pleaded guilty earlier this year to fourth-degree rape, which means the victim was between 13 and 16 years old and the perpetrator is more than three years older than the victim.

Judge Tim Bjorkman sentenced Andersen to a suspended five-year prison term, and instead gave Andersen 150 days in jail and eight years on probation.

He began serving 30 days of jail immediately and will serve 30 days in July of the next four years.

"I want you to think every year about the consequences of this kind of crime," Bjorkman told Andersen.

Bjorkman granted work release for Andersen so he could provide for his two young children.

Bjorkman said he had mixed thoughts about how to sentence Andersen. He acknowledged that Andersen had a misdemeanor conviction from when he was 18 when he had sex with a 15-year-old, from which a child was born.

"On the other hand, your record is otherwise clean," Bjorkman said. "But this was a despicable crime you committed. You took advantage of a child and there's a consequence."

During his eight years of probation, Andersen must not have contact with children under 18, with the exception of his own children. He also cannot have any contact with the victim.

He must pay $2,500 in fines and costs and comply with the recommendations of the psychosexual evaluation.

"The supervision period is to protect the community and for you to get treatment and help to be the father and husband you want to be. It's to allow you to be rehabilitated," Bjorkman said.

Andersen said little during sentencing, except to say he was sorry.

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