LOGAN — A 22-year-old Nibley man has been ordered to serve three months in jail for having sex with a 15-year-old girl last year. Marshall D. Dewaal apologized for his actions and asked to be spared jail time so he could keep his job.
Dewaal was sentenced during a virtual hearing in 1st District Court Tuesday morning, appearing by web conference with his attorney. He previously accepted a plea deal, pleading guilty to two counts of unlawful sexual activity with a minor, amended to class A misdemeanors.
In January, Cache County Sheriff’s deputies arrested Dewaal after the victim reported being sexually assaulted Dec. 21. The defendant was an acquaintance, who reportedly went to the girl’s room that night after she had been drinking.
During Tuesday’s sentencing, defense attorney David Perry said Dewaal was really sorry for what happened. He asked for his client to be spared jail, noting that the victim had consented to the relationship.
Judge Patrick Corum, who was temporarily filling in for a vacant judge on the bench, angrily stated the victim couldn’t have given consent. He said based on what happened, Dewaal could have been charged with rape in other courts.
The victim’s mother told the court her daughter trusted Dewaal. She asked for a jail sentence as part of justice.
Dewaal expressed remorse and said, “I am very sorry about everything.” He asked to be kept from jail so he could stay employed at a local restaurant.
Judge Corum told Dewaal, “You don’t understand how serious this is.” He said the defendant needed more than just jail time.
Dewaal was ordered to report to the Cache County Jail immediately to serve 90 days. He will then be placed on probation for two years. During probation, he will have to successfully complete sex-offender therapy and counseling.