Konesky gets jail time, probation in rape case

A Havre man will spend four years on probation and six months in jail in a plea agreement in a rape case.

Jacob K. Konesky pleaded guilty last fall to a felony charge of sexual intercourse without consent.

The charge was filed after a woman said Konesky had molested her on June 5, 2011, with another man taking pictures, after he told her she could sleep on the floor of his room after a late-night house party in Konesky's residence.

State District Judge John C. McKeon Tuesday imposed a four-year deferred imposition of sentence on Konesky, and ordered him to spend six months in jail with six weeks of the six-month period to take place immediately, and ordered Konesky to pay $7,876.09 in restitution plus a 10 percent fee to cover the victim's distress and counseling, which included $600 to cover her expense to travel to Havre for Tuesday's hearing.

McKeon previously dismissed the same charge filed against Joe Sohm, who told officers at the time that he had been sleeping in the room, but had no knowledge of any sexual assault.

When he dismissed the charge, McKeon said that Sohm's mere presence in a room does not show probability that he had committed the offense of sexual intercourse without consent.

McKeon said he was only able to look at the charge filed when ruling on the motion to dismiss Sohm's charges, and could not consider other possible charges.

When he imposed the sentence on Konesky, following recommendations in the plea agreement, McKeon said the sentence takes into account Konesky's youth and lack of criminal history and allows him the opportunity to pay restitution. It also holds him accountable for the serious nature of the crime, McKeon said.

If Konesky abides by all conditions of his release during the four-year probationary period, he can petition to the have the felony struck from his record.