Former University of Idaho student Jesse Vierstra will spend at least the next five years in prison without the possibility of parole following his sentencing hearing Monday.
Vierstra was found guilty on one count of felony rape in March and has spent the last 100 days in the Latah County jail awaiting his sentence.
Second District Court Judge Carl B. Kerrick said the five year fixed sentence will give Vierstra time to think about the case and his actions before the possibility of reentering society.
Vierstra had a history of sexually motivated battery accusations against him that could not be considered in the trial, but were eligible for discussion in determining his sentence. Prosecuting attorney Michelle Evans presented three affidavits to the court with statements from the previous cases.
“You went through that in your first week at U of I, in August of your freshman year, if I’m not mistaking,” Kerrick said prior to presenting Vierstra’s sentence. “You were immediately suspended from the university and spent the next several months dealing with that until it was resolved. It would seem to me that, that would be a wake up call for you to avoid those kinds of situations and that kind of behavior. It concerns me that it was not.”
Vierstra will spend up to 15 years in prison unless he can prove he is eligible to reenter society. He is also required to pay $1096.65 in restitution to the family of the victim for medical costs, plus an additional $5000 civil fine and court costs.
Vierstra will provide a DNA sample and fingerprint to register as a sex offender, and the court authorized a continuation of a no contact order between Vierstra, the victim and the victim’s family.
Vierstra was charged with forcible rape in October following a party at the Sigma Chi fraternity house. Evans said Vierstra took the victim behind the house where he forcibly raped her. According to Evans neither party was under a significant influence of alcohol.
Vierstra did not plead guilty to the charge and maintained his claims of innocence throughout the trial and sentencing. Vierstra refused to participate in a psychosexual evaluation as ordered by Kerrick following the trial.
As a result Kerrick said he felt a sex offender rehabilitation program, as requested by defense attorney Chuck Kovis, would not be a good alternative to a prison sentence.
“The first step is acknowledging what you did,” Kerrick said. “Rehabilitation does not work without acknowledgement. I’m concerned that you would have a difficult time with rehabilitation.”
The court received 58 letters from Vierstra’s friends and family that spoke to the character of Vierstra. Kerrick said he understood that many people that knew Vierstra before he attended UI were in disbelief about the conviction.
“They have not seen the side of you that I have heard of,” Kerrick said.
Vierstra will remain in Latah County holding until his sentence can be carried out.