Former Whitewater man gets 10 years for sexual assault of 2-year-old
ELKHORN A former Whitewater man convicted of sexually assaulting a 2-year-old girl was sentenced Friday to 10 years in prison.
Scott L. Anderson, 34, must serve an additional 10 years of extended supervision. His sentences for possession of marijuana and drug paraphernalia will run concurrently with the sexual assault sentence.
He faced a maximum sentence of 40 years in prison with 20 years of extended supervision.
A Walworth County jury convicted Anderson on Nov. 20, 2012.
Deputy District Attorney Joshua Grube described Anderson as someone with a high-risk lifestyle that included frequent drug use.
“He was sexually aroused in assaulting the victim,” Grube said. “He is an untreated sex offender in desperate need of treatment.”
Grube asked Judge John Race to sentence Anderson to 15 years in prison with an additional 10 years of extended supervision. The crime’s gravity and the victim’s age were significant factors, Grube said.
A presentence investigation report by corrections officials recommended a sentence of 13 to 16 years in prison and seven to 10 years of extended supervision.
“We have here a case of the most innocent victim there is,” Grube said. “She was totally unable to defend herself. Hopefully, she will not remember.”
The 2-year-old was also the victim of a “chaotic” upbringing, Grube said. He described a home environment with no electricity, animal feces on the floor and Anderson sleeping with the victim’s mother and her five children.
The victim’s mother called Whitewater police officers to her home Sept. 2, 2011, after she saw Anderson sleeping with the 2-year-old with his hand under the child’s diaper.
“The victim’s mother was convicted of failing to protect this child from the defendant’s sexual assault,” Grube said. “Based on what the jury heard, this was a continuing pattern of behavior by the defendant.”
Grube described other incidents in which Anderson inappropriately touched the victim, but the mother did not report the earlier incidents.
Anderson’s attorney, Joshua Klaff, asked Race to consider probation instead of prison.
“The defendant has only one misdemeanor conviction and two ordinance violations on his record,” Klaff said. “He has been in the Walworth County Jail for the past 16 months with no incidents. In short, he has no prior record of any significance.”
Klaff noted that Anderson had multiple psychiatric problems, including depression and anxiety. Reading from an examination report by a psychologist, Klaff said Anderson was clearly in need of treatment, which is available in the community as well as in prison.
“The report says he’s low risk for violent recidivism and low risk for sexual assault,” Klaff said.
Klaff asked for a stayed sentence replaced by 15 years probation, with the first year in jail and release privileges only for treatment.
“In the alternative, if a prison sentence is determined necessary, I would ask the court to impose a three- to five-year prison sentence with 15 years of extended supervision,” Klaff said.
The gravity of the offense called for a prison sentence, Race said.
“I believe he needs correctional treatment,” Race said. “That’s just not available in a jail setting.”
Race reported that the victim, who will be 4 years old next month, is now in foster care. Her mother remains in jail.