Former CU student convicted of Boulder rape spared prison sentence
Austin Wilkerson to serve 2 years work release, 20 years probation
A former University of Colorado student convicted of raping a drunken woman he was pretending to care for was spared prison Wednesday as a Boulder judge sentenced him to jail work-release and probation.
Austin James Wilkerson, 22, was found guilty in May of sexually assaulting a helpless victim and unlawful sexual contact.
At Wednesday's hearing, District Judge Patrick Butler sentenced Wilkerson to 20 years to life on probation and 2 years in the Boulder County Jail on a program that will allow him to leave jail during the day to work or go to school.
Wilkerson was immediately taken into custody following the sentencing. Boulder County sheriff's officials said they will not release Wilkerson's booking photo until Thursday at the earliest.
The sexual assault count, a Class 3 felony, carried a presumptive prison sentence of four to 12 years. But under Colorado law, the sex assault charge is subject to indeterminate sentencing, which means Wilkerson would not have been released from prison until he was deemed fit.
That was one of the reasons Butler decided not to levy a prison sentence, which prosecutors had sought.
"I've struggled, to be quite frank, with the idea of, 'Do I put him in prison?'" Butler said, adding that he spoke to people in the prison and jail system about what kind of treatment Wilkerson would receive.