EC man sentenced to prison for sexually assaulting 12-year-old girl

Chris Vetter, The Leader-Telegram, Eau Claire, Wis.
·3 min read
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Oct. 11—CHIPPEWA FALLS — An Eau Claire man convicted of of sexually assaulting a 12-year-old girl in December 2020 was sentenced Monday to serve five years in prison.

Austin L. Engelke, 20, 1410 E. Madison St., pleaded no contest in July to second-degree sexual assault of a child in Chippewa County Court, as part of a plea agreement. He was initially charged with two counts of first-degree sexual assault of a child under age 13.

According to the criminal complaint, Engelke was arrested after the parents of a 12-year-old girl saw him climb out of her second-story bedroom window on Jan. 2, 2021. When confronted, Engelke admitted he had sexual contact with the girl. He lived in Stanley at the time of the incident.

Judge James Isaacson ordered the prison sentence, along with five years of extended supervision. He noted that the Department of Corrections recommended six to eight years in prison and four to five years of extended supervision.

"I think you have some mental health issues," Isaacson said to Engelke. "There is a need for close, rehabilitative control."

Isaacson gave Engelke jail credit for 446 days already served. Isaacson also ordered Engelke to register as a sex offender.

Engelke did apologize before being sentenced.

"I'm sorry for my reactions and I'm remorseful," Engelke said.

Neither the victim nor her family were present in court.

Chippewa County District Attorney Wade Newell requested six years in prison and four years of extended supervision.

"I think it's a fair consideration in this matter," Newell said of the DOC's recommendation. Newell said he recommended lower because he was taking into consideration Engelke's age at the time of the offense. He reiterated that Engelke was 19 at the time of the offense with the 12-year-old girl.

"It's a pretty big age difference; this isn't a juvenile who is on the cusp of adulthood," Newell said to Isaacson. "I don't think he appreciates how serious this really is."

Defense attorney Scott Schlough agreed that probation wasn't warranted in this case, but he asked for three or four years of prison, with a longer extended supervision period.

"I've seen more aggrecious activity than what happened here," Schlough said to Isaacson.

Isaacson also ordered Engelke to pay $518 in court costs, and he cannot have any contact with the victim or juveniles without approval of his probation agent. He also must submit a DNA sample.

Assisting a sex offender

While he was incarcerated in the Chippewa County Jail, Engelke was charged with resisting or obstructing an officer after he admitted he made up a story of being sexually assaulted by a woman. Newell told Isaacson during the sentencing Monday that this case was a factor in his recommendation that Engelke should be incarcerated, and not be considered for probation.

According to the criminal complaint, a Chippewa Falls police officer interviewed Engelke in the jail, where Engelke told a story of being sexually assaulted by an adult woman in March 2020. However, the officer noted "a bunch of inconsistencies" in Engelke's statements.

Eventually Engelke admitted he had not been assaulted.

"He lied about the sexual assault to help out another inmate, Donald Rusaw," the complaint states. Engelke added "that the person he claimed sexually assaulted him was a prior victim of Mr. Rusaw, and that Mr. Rusaw was going to use this information to help him with Mr. Rusaw's case."

"The fact that one of your jail mates was able to manipulate you into making this false report speaks a lot about your mental health," Isaacson told Engelke.