Two years for Pittsfield man in sexual assault of 15-year-old girl
PITTSFIELD — Through tears, Logan Delisle's father told Judge John Agostini during his son's sentencing hearing Tuesday, "There's still a lot of good in this man."
Delisle, 20, of Pittsfield, was found guilty Monday of one count of rape of a child without force for the sexual assault of a then 15-year-old girl in December 2015. Delisle was 18 at the time.
He was sentenced to two years in jail.
"You're a good kid," he told his son. "I don't care what anyone says."
Assistant Berkshire District Attorney Joseph Yorlano, who prosecuted the case, asked Agostini to consider a three- to four-year state prison sentence.
Yorlano read an impact statement from the victim in which she described suffering from anxiety, depression and nightmares since the rape.
"What happened was a crime," Yorlano said.
Family and friends of Delisle's filled two rows in the gallery of the Berkshire Superior Courtroom, some of whom provided statements of their own supporting Delisle.
In those statements, portions of which were read aloud by Delisle's attorney, Kenneth Warren, he was described as a compassionate person with a strong work ethic whose dream was to someday work in some aspect of law enforcement, either as a police officer or member of the military.
Warren, who was seeking a sentence of probation with whatever conditions the court deemed appropriate said, "State prison is not the place for my client."
He said probation would not be a "slap on the wrist" for Delisle noting that he would likely be under high-risk supervision and a violation of his conditions could lead to incarceration.
The incident came to light when the girl was late to school, according to Warren. A teacher asked her for an excuse and she told the teacher she had been assaulted. The teacher then reported this information to the school resource officer.
Even if Delisle were sentenced to probation, he would still have to register as a sex offender, Warren said.
By telephone Tuesday afternoon, Warren said Delisle was under the impression the victim was older than 15, based on some of her social media posts.
"This case spotlights the need for the Legislature or courts to take a renewed look at the lack of defense for statutory rape on a good faith reasonable belief that the female was of consenting age. Here she was not truthful on social media and presented herself as being two years older than she was," Warren said.
Agostini agreed with Warren's point, made during his sentencing recommendation, that the brains of teens and young adults aren't fully developed until 25, which can impact decision making.
He added, however, "There is no doubt this was a sexual assault."
Agostini also agreed that a state prison sentence wasn't appropriate in Delisle's case and handed down the two-year jail sentence, noting the difficulty involved in crafting sentences in cases like Delisle's.
"There are no winners," he said.
The jury found Delisle not guilty on two counts of rape of a child by force.
Delisle will serve his sentence at the Berkshire Jail and House of Correction. He was given credit for three days of time already served in custody.
Reach staff writer Bob Dunn at 413-496-6249 or @BobDunn413 on Twitter.
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