An Aberdeen man who had faced multiple rape charges pleaded guilty Thursday to sexual contact with a girl who turned 11 during the time of the improper acts.
Devin M. Dunwoody, 19, was sentenced to 90 days in prison. A 10-year prison term was suspended, and he must spend 10 years on probation.
Dunwoody admitted that he improperly touched a girl above and beneath her clothing and that, at times, he held the girl down while doing so. The charge stems from incidents in 2010, the year Dunwoody turned 18.
In exchange for Dunwoody's guilty plea, other charges against him were dismissed. One of those charges, for sexual contact, involved a second victim. Because of that victim's age, the charge was a misdemeanor.
In addition to the time in prison, Judge Jack Von Wald ordered that Dunwoody:
• Register as a sex offender and complete sexual offender treatment.
• Pay for any counseling costs of the victims, including the girl involved in the sexual contact charge that was dismissed.
• Pay $1,104 in court costs.
• Not have access to the Internet, alcohol, pornography or erotica.
• Not have contact with the victims or, until treatment and court officials approve, any children younger than 18.
Normally, because of the age of the victim, the sexual contact charge Dunwoody pleaded guilty to has a minimum 10-year sentence. But both prosecuting and defense attorneys agreed to a waiver of that mandatory minimum as allowed by law. Tom Tonner, Dunwoody's attorney, said his client has no past criminal history and has taken responsibility for his actions. The sexual contact charge is a felony punishable by 15 years in prison and a $30,000 fine.
Von Wald did not grant Dunwoody a suspended imposition of sentence, which would have kept the crime from his record had he followed a series of probation rules. Jodi Brown, prosecuting attorney, objected to a suspended imposition, noting that Dunwoody would have spent life in prison had he pleaded guilty to all of the original charges against him, which included four counts of rape. She said the dismissal of those charges is itself a significant benefit.
The judge noted that a psychosexual report indicated that Dunwoody does not show the characteristics of a sexual predator or pedophile, but that its author was concerned that some of the acts he admitted to involved force.
Authorities have said the girl eventually told her family members about the sporadic sexual acts, which led to law enforcers getting involved.