DARLINGTON — After Lafayette County Judge Duane Jorgenson noted that the defendant “lacked some maturity and judgment to recognize what he did was wrong,” an Iowa man was sentenced Sept. 2 to six years in prison and five years on extended supervision for second-degree sexual assault of a child.

Shaun Tyler Nolty, 25, Ossian, Iowa, was sentenced as a repeater. He has a previous conviction in Illinois for sexual assaulting a 13-year-old girl when he was 18.

District Attorney Jenna Gill recounted the events of the new crime in Lafayette County. What started out as friendly conversation over Snapchat when the victim was 13 and Nolty was 23 turned sexual in nature over two years. Then, Nolty drove from Iowa to meet her in February 2019.

He picked up her and another juvenile before driving around and ending up in the K&L Bobcat parking lot in rural Darlington, Gill said. Nolty later told police nothing happened and they only engaged in groping over the clothing.

Gill quoted a presentence investigation report that Nolty gets “pissed off when thinking about” the situation and that the victim’s father “has ruined his life.” The report indicates that Nolty believes “this all happened because he didn’t call her back” and he is “pissed off at (the victim) because of all the legal problems this has caused.”

Gill said Nolty has continually diminished the seriousness of the case.

“He doesn’t think it is a serious or big deal. It is a big problem when people don’t think it is serious to have sexual contact with teenagers as long as they consent,” she said, adding that Nolty shifted blame to the victim and her father.

Gill agreed with the Wisconsin Department of Corrections’ recommendation of eight years of incarceration and five years of extended supervision.

Nolty’s attorney Ryan Kieler said that even though the victim was 15 when the incident occurred, she was a willing victim and not forced into sexual contact with Nolty.

“Legally he should not have done what he did,” Kieler said. But “she was a willing partner to the extent of what happened. Everything that happened she was OK with.”

Kieler argued that consent was implied. He said the victim initially reported she didn’t want it to happen but then came back to investigators and said she lied because she thought she would get in trouble with her family.

Kieler also said the victim’s father said his daughter had not been physically or psychologically affected by the incident and recommended that Nolty receive only probation with some jail time.

“It is very important what the victim and the victim’s family wants,” Kieler said.

Kieler said his client has been stressed-out from this case and is angry with himself because of the situation he is in but has been able to maintain a good job and was in a relationship with a 25-year-old woman who will be having their child in December.

“Because he grew up in a tough situation, it is important to him that he is involved in his child’s life,” Kieler said, noting that his client has matured, has sought out counseling and is more calm and rational.

Nolty’s father, John Nolty, said his son was a good kid and knew what he did was wrong, but that the sexual activity was consensual.

“I don’t believe he should be punished by himself for something that takes two people to do,” John Nolty said.

When given the opportunity to speak to the court, Shaun Nolty said he was sorry for what he did and made a stupid decision.

“I almost lost everything I had, I almost lost it because of my decision. I will be forever grateful to be on probation so that way I can keep my job, home, belongings and raise my child that I’m about to have,” he said.

Jorgenson wasn’t swayed that probation was sufficient in the case.

“The thing that troubles the court ... is that it went on for a period of time. It was like a slow deliberate process,” Jorgenson said.

Jorgenson saw it as a grave offense and indication that Nolty lacked maturity and judgment: “You didn’t recognize it was wrong when it was going on but recognize it now because you are where you are.”

“This is not (your) first time down this road,” he told Nolty. “I would have thought that the initial experiences engaging in this activity would have been a sufficient wake-up call.”

Jorgenson also read in the presentence investigation report that Nolty had a criminal personality that was shown by his impulsivity, issues with decision-making, not thinking of the repercussions and not using appropriate coping techniques.

Jorgenson addressed how time in prison would affect those around Nolty.

“The court is mindful that this will impact his child and the child’s mother. In reality they are victims of this crime, too. It is unfortunate, but that is the reality,” Jorgenson said.