No prison time for Mitchell teen charged twice with rape
The man who was charged with rape twice within six months while a student at Mitchell High School will serve no additional jail time, a Davison County court determined Tuesday morning.
Gage Schaub, 19, was given two suspended five-year prison sentences for fourth-degree rape and for violating probation on a previous conviction of the same charge. He'll spend three years on probation.
Schaub was out on bond at the time he was sentenced.
"Since he's been out, he did graduate high school, he did find employment ... His plans are to enroll in and get into Mitchell Technical Institute in the fall, so he's got aspirations," said Schaub's attorney, Doug Papendick. "He gets himself into situations sometimes without thinking correctly, but I think he understands the consequences of his actions, and you won't be seeing him again."
Schaub was first arrested and charged with fourth-degree rape and sexual contact with a child under 16 on Aug. 6 in connection with incidents alleged to have involved 13- and 15-year-old victims. He pleaded guilty to fourth-degree rape on Nov. 13 and was granted a suspended imposition of sentence in January.
"These were consensual relationships, but these other people were not of an age to consent," Judge Chris Giles said at the sentencing hearing.
In his more recent case, Schaub was alleged to have had sex with a 15-year-old girl once in December and once in January, two days after being convicted of rape for the first time, as well as having exchanged nude photos with the same girl. He was charged with two counts of fourth-degree rape and one count of sexual exploitation of a minor.
Between the two cases, if Schaub had been found guilty of all charges, he could have spent up to 47 years in prison.
Schaub pleaded guilty to one count of fourth-degree rape on May 21, and the remaining charges in the newer case were dismissed. His suspended imposition in the first case was revoked Tuesday as a result of the second conviction, and he was given a jail sentence equivalent to the 76 days he'd previously served.
As a probation condition in both cases, Schaub was ordered to comply with counseling recommendations, and he cannot have unsupervised contact with anyone under 18.
Between the two cases, Schaub must pay $2,632.97 in prosecution costs, $1,750 in fines and $213 in court costs.