Assistant DA: Victim happy with man’s sentence for rape

By KAYLA BUNGE

Tuesday, March 25, 2008

Photo

James K. Ross

ELKHORN — A Lake Geneva man convicted of violently raping a woman in October was sentenced March 17 to one year’s probation, but that’s after he served 4½ months in jail while he awaited his sentence, said Assistant District Attorney Joshua Grube.

“I took into consideration the fact that he was sitting in jail—straight time—that long,” he said.

The 33-year-old woman told police James K. Ross, 52, of 309 Cook St., slammed her head into a closet door and whipped her head with a belt before raping her, according to a criminal complaint. The woman said she tried to leave four times when she thought Ross was asleep, but he would wake up, grab her hair and pull her back, according to the complaint.

The original charges in November were second-degree sexual assault, false imprisonment and misdemeanor battery. But they were reduced March 14 to fourth-degree sexual assault misdemeanor battery and disorderly conduct.

Grube said the victim was “very much on board” with Ross’ sentence, which includes no contact with her, her mother or their residence; $49,000 in restitution to the victim and counseling.

“I wanted to accomplish certain things with the sentencing,” Grube said. “He was convicted of three crimes. He was placed on probation … The victim is very happy. We got a sure resolution.”

Grube said the victim’s wishes as well as the strengths and weaknesses of the state’s case are considered in a sentencing such as this one.

“There were issues with the case that were great enough that a plea agreement was the most appropriate way to go,” he said.

Ross faced up to nine months in jail and $10,000 in fines for the fourth-degree sexual assault charge; up to nine months in jail and $10,000 in fines for the misdemeanor battery charge; and up to 90 days and $1,000 in fines for the disorderly conduct charge.

The previous charge of second-degree sexual assault carried up to 40 years in jail and $100,000 in fines, and the previous charge of false imprisonment carried up to six years in jail and $10,000 in fines.