If 18-year-old Cullen Kovach completes five years of probation, he won’t face any prison time after pleading guilty to first-degree sexual assault of a child under the age of 13 on Tuesday morning.
The Class B felony carries a maximum sentence of 60 years in prison, but Rock County Judge Barbara McCrory followed a joint recommendation from the defense and prosecution in the case and withheld sentencing for Kovach in lieu of probation.
Assistant District Attorney Ann Nack and defense attorney Barb Gerber agreed to recommend a sentence of one year of jail time plus the five years of probation, along with smaller jail sentences from other cases that will run concurrently.
“I was a little bit reluctant when I looked at this, based upon the severity of the offense, but I always know, when I get to these sorts of situations, I know the least about this case,” McCrory said. “Ms. Nack and Ms. Gerber know a lot more and have had an opportunity to have some discussions about what they think is appropriate under the circumstances.”
While under probation, Kovach will have to follow alcohol and other drug abuse treatment programs and strict supervision. He will also be placed on the sex offender registry, where he will likely remain for life.
He had already spent more than 270 days in jail while his case was pending in court, so his attorney expected him to be released immediately because of sentence credit.
If he violates any terms of his probation, he will return in front of a judge and be sentenced on the child sexual assault charge.
Kovach was accused of meeting up with a 12-year-old girl at a Janesville park, bringing her back to his house and sexually assaulting her in October of 2019. The criminal complaint says Kovach’s mother was home at the time and let him and the girl into the house through the front door.
After initially denying the allegations, he later admitted the sexual contact to police. The victim told officers Kovach knew she was 12 years old because she told him.
