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Mitchell man sent to prison for rape

A Mitchell man will serve prison time for raping a girl younger than 16.

James Taglioli, 28, was sentenced Tuesday during court at the Davison County Public Safety Center. Judge Tim Bjorkman sentenced him to 10 years in prison, but suspended seven years.

Taglioli pleaded guilty in June to fourth-degree rape.

Court documents state he had sex with the girl between Feb. 11 and March 27, and he claimed the act was consensual. State law says fourth-degree rape occurs if the victim is at least 13 years old, but less than 16 years old, and the perpetrator is at least three years older than the victim.

Bjorkman said the victim had already been exposed to sexual abuse prior to the rape, and then Taglioli further victimized her after he invited her to live with him to get away from that situation.

"A 28-year-old having sex with a 13-year-old in his care is so far outside the boundaries of what is right and proper in society," Bjorkman said.

Bjorkman ordered Taglioli to repay court-appointed attorney fees, and to pay $342.27 from a separate misdemeanor file, $104 in court costs and a $500 fine. He also recommended the department of corrections place Taglioli in a sex offender treatment program at the earliest availability.

He received five days of credit for time served and Bjorkman calculated Taglioli's first parole eligibility will be in March 2015.

"One reason I suspended a portion of the sentence is to allow you to get into treatment at a fairly prompt time," Bjorkman said. "If you're not fully working in the treatment program in the penitentiary, your stay there will be longer."