Sex Assault Offender Escapes Jail Time

A 72-year-old man arrested on charges of sexual assault escaped jail time when a judge doled out his sentence yesterday —18 months probation and court costs.

Donald Foulke was initially charged with felony sexual assault for touching and tickling a 7-year-old girl beneath her underwear while she was sitting on his lap. He immediately knew he had done wrong and came forward about it, said Rich Davis, Foulke’s defense attorney.

“He sought a psychologist and it was later determined the act should be reported. He’s been extremely candid about the incident to prevent it from occurring again,” Davis said.

Plea Deal
On Thursday, Foulke agreed to plead no contest to a lesser charge of fourth-degree sexual assault and the felony charge was dropped.

“I am most grieved that I find myself in this position that I never, ever thought I would find myself in,” he said before Judge James Miller handed down the sentence.

Judge Shows Mercy
Although the judge condemned Foulke’s behavior, he seemed to show mercy for the man’s willingness to accept responsibility and take measures to prevent similar occurrences in the future.

“How you got into this situation is a question you asked and you out help. You recognized it was wrong and tried to do something about it. I can’t think of anything more you could have done,” Miller said.

The parents of the girl opposed a criminal prosecution, and Columbia County Assistant District Attorney Linda Hoffman said that the sentence handed down by the judge was “consistent with the wishes of the parents.”

In addition to probation and court costs, Foulke will be required to have supervised contact with children.

(Source: The Portage Daily Register)

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