A Janesville teen will not go to prison after being accused of sexually assaulting two underage victims.
18-year-old Zackary Russell was 16 at the time of the alleged incidents, which led to three counts of second-degree sexual assault of a child and two counts of child abuse.
He reached a plea agreement with prosecutors to hold open the three sexual assault charges, and he was convicted of the two counts of child abuse.
Judge John Wood sentenced him to one year of jail time with work release privileges, along with four years of probation.
Assistant District Attorney Scott Dirks called Russell a rapist and accused him of rationalize and minimizing his actions. He argued for a sentence of three years in prison plus three years of extended supervision.
Dirks clarified that the Rock County District Attorney’s Office does not prosecute non-coercive sexual contact between minors of similar ages.
Russell’s attorney Richard Coad said no one knows 100 percent of the facts of what happened between Russell and the victims, and the pre-sentence investigation determined he was a low-risk to re-offend.
Judge Wood ordered Russell to receive sex offender treatment, but if he completes the terms of his hold open agreement, he will not be placed on the sex offender registry.
