The Clinton Herald, Clinton, Iowa

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January 4, 2014

COURTS: Man gets suspended sentence in lascivious acts case

July 25 incident took place in Camanche

CLINTON — A 20-year-old man has received a suspended prison sentence for sexual contact with a 13-year-old female.

Brandon Fogel pleaded guilty to lascivious acts with a child in connection with an incident on July 25 in Camanche. According to court documents, Camanche police were called to a residence for a 13-year-old girl being sexually assaulted by a 20-year-old male, later identified as Fogel. The affidavit continues that Fogel admitted to police that he had had physical contact with the girl.

Thursday, Fogel apologized for his actions, but said he truly thought the victim was 18 years old.

“I would never openly pursue a minor,” Fogel said. “I was caught up in the moment and if I could go back and change it, I would.”

Fogel told Judge Nancy Tabor that at the time of the incident, he was not taking his prescription medication. He continued that since being on it again, he feels better. He added that he hopes to improve his life, go to college and maybe one day have his own business.

“For everything I’ve done, I’ve taken everything to heart. It’s changed me,” Fogel said. His attorney asked Tabor to consider a deferred judgment.

Tabor pointed out to Fogel that he has been on his medication for some time and should have known there could be consequences for going off them. She added that she does understand that a young man can get caught up in the moment, but said this does not excuse his actions.

“But there is some responsibility to be taken when you engage in that type of activity,” Tabor said.

Based on the severity of the charges, Tabor denied the defendant’s request for a deferred judgment and ordered him to serve as much as 10 years in prison and fined him $1,000. She suspended both the prison sentence and the fine. He must complete three years of probation, attend sex offender treatment, take his medication and get a mental health evaluation.

Vogel must have no contact with the victim for five years. He will be allowed to complete community service in lieu of court costs. He also will be required to register as a sex offender for the rest of his life.

Charges of third-degree sexual abuse and indecent contact with a child were dismissed.

 

 

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