FARMINGTON – A Sanford man pleaded guilty Monday to felony unlawful sexual contact and a misdemeanor assault charge and received a two-year deferred disposition and 45 days in jail.
State prosecutors dismissed three gross sexual assault charges and a higher class level charge of unlawful sexual contact in the plea agreement with Ian F. Newell, 22, on the 2006 case.
Assistant District Attorney James Andrews cited problems with the case after some statements made by the alleged victim on the Internet.
Newell and the victim were friends, Andrews said.
If the case went to trial, the court would have heard testimony that Newell went to the victim’s apartment and told her to disrobe and slapped her when she refused sexual acts, Andrews said.
The plea agreement was for a sentence of 45 days in the Franklin County jail on the misdemeanor assault charge, Andrews said, and a two-year deferred disposition on the felony unlawful sexual contact.
Newell will need to undergo a sexual offender psychological evaluation and any recommended counseling the evaluator recommends, Andrews said. The police report is also to be presented to the evaluator, he added.
If all goes well during the two years, Newell will be able to withdraw the felony plea to unlawful sexual contact and plead to a misdemeanor of the same charge, which will not require him to register as a sexual offender, Andrews said.
If it doesn’t go well, the felony charge will remain in place and he’ll have to register as a sex offender, Justice Michaela Murphy said.
Andrews said there were complications with the case and that the ultimate issue was whether the victim had consented.
Newell’s attorney, Kevin Joyce, suggested that if it had gone to trial jurors would have had to determine if the contact was consensual.
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