Rapist avoids prison sentence after his two victims plead for leniency

‘The victims have indicated that they feel that you should be given a chance, and this chance you are getting is an incredible chance,’ a judge told 20-year-old Derek James Nygaard

Derek Nygaard, 20, addresses the judge at his sentencing hearing (Montana Standard)

A man who pleaded guilty to raping two women may never spend a day in prison, thanks to a plea deal supported by the victims themselves.

Derek James Nygaard, 20, a former student and football player at Montana Technological University, could have faced up to life in prison for the two sexual assaults. Instead, he will receive a deferred sentence and six years of probation, a judge ruled on Thursday.

“You don’t have any criminal record of any kind, but what influences the court the most in relation to that is that the victims have indicated that they feel that you should be given a chance, and this chance you are getting is an incredible chance,” District Judge Kurt Krueger told Nygaard at his sentencing hearing, according to the Montana Standard.

The shocking decision came after prosecutors said the plea deal had the support of the two women Nygaard assaulted.

“There’s no excuse or justifications for his actions, but the victims wanted me to let the court know that their acceptance of this recommendation is based upon their hope – their sincere hope – that nobody else has to go through the position they were in,” Chief Deputy County Attorney Samm Cox told the court, as reported by the Standard.

For the next six years, Nygaard will be required to register as a sex offender, attend counseling, and stay out of any other legal trouble. If he does all that, he’ll have an opportunity in six years to have the crime expunged from his record.

If he does not, however, he could face prison time after all.

“He either avails of it and shows that it was a mistake of maturity – a mistake that is not consistent with being a sexual predator – or if he does show any other signs that he is a predator of any nature, we have an opportunity to go for a full sentence,” Mr Cox said.

According to the criminal complaints, Nygaard’s first victim told police he attacked her in September 2020, blocking her from leaving his room and forcibly penetrating her with his finger. The second victim, an ex-girlfriend of Nygaard, said that less than a month later he pinned down her hand, covered her mouth, and raped her.

Nygaard admitted to both assaults as part of his plea deal, but the two counts were combined into one. At his sentencing, he said he regretted his crimes.

“Your honour, I’m incredibly disappointed in my behaviour by acting disrespectfully,” Nygaard told the court. “In the past year-and-a-half, I have begun the long process of maturing and taking on the responsibility of becoming a man my family and I can be proud of.”

The Independent has reached out to Nygaard’s attorney, David Maldonado, and to Mr Cox for comment.