DARLINGTON — About 25 Amish turned out to the Lafayette County courthouse Aug. 25 to watch while another member of their community was sentenced for sexual assaults of family members.
Elam Stoltzfus Allgyer, 37, Darlington, was sentenced to one year in jail, with Huber work-release privileges, and five years on probation for assaults committed between about 1999 and 2009.
He pleaded guilty in February to three counts of incest with a child, first-degree sexual assault of a child, attempted first-degree sexual assault of a child and attempted second-degree sexual assault with use of force.
Allgyer is the second of three Amish men to be sentenced for incest and sexual assault charges filed last year in Lafayette County. Elmer Esch Stoltzfus, 26, Cuba City, was sentenced in July to three years on probation. Benjamin Esh Allgyer, 32, Mineral Point, is due for a plea and sentencing hearing Oct. 2 and also faces similar charges in Grant County.
Investigation into the cases began with a woman who spoke up about issues with depression among women and girls locally in the Amish community.
“They couldn’t figure out why these women were depressed. Ultimately it was revealed that one individual had been sexually assaulted throughout her childhood,” said District Attorney Jenna Gill.
Gill asked for a 12-year sentence for Allgyer, with eight years in prison and four years on extended supervision — a contrast to the Department of Corrections’ recommendation of probation and some jail time.
She recounted each of the assaults, including one when Allgyer was 17 years old and cornered a 7-year-old girl in a kitchen pantry. In that case, he couldn’t get her legs apart, so he gave up and stopped. In other cases, he pushed girls into a closet or a barn to be alone with them.
The gravity of sexually assaulting young children warrants incarceration, Gill said.
“He knew what he was doing was wrong. I do think we’re underplaying his intent … the fact that he was randomly choosing the girl — these were very targeted acts,” she said.
“I’m super concerned that this continues to happen within the Amish community, no doubt because they are uneducated about what this is, but there’s also a cultural aspect... Women are taught to be submissive to their men.”
Gill quoted a victim who wrote in a sealed letter to the court that she believed “people are making a bigger deal out of this than it needs to be” and that she “might have” had an issue with it when she was younger but she didn’t now.
“That is so sad,” Gill said. “And I am not blaming her. It is truly sad that she doesn’t think this is a big deal.”
Gill credited Allgyer for his honesty, to a point.
“Mr. Allgyer’s honesty is great and he did cooperate with law enforcement. But a lot of time had passed since the incidents. He didn’t disclose any of this until he was asked about it,” she said.
Lisa Andreas, a sentencing consultant and psychotherapist who testified in court for the defense, said Allgyer tested at a low-risk placement for future sexual abuse of children.
“His therapist didn’t feel he needed additional treatment other than what he is receiving,” Andreas said. “He is cooperative with treatment. He is willing to come in for more if need be. He is very remorseful and was very honest about what happened and immediately told the truth.”
Andreas also commented on Allgyer’s “tremendous support in the community.”
Andrea Winder, Allgyer’s defense attorney, argued that confining him in prison would harm him — and the community — more than help.
“He’s now 37, with a wife and seven kids,” she said. “Sending him to jail or prison rips away his entire life. That’s not a recipe for rehabilitation.”
She also asked the court to consider the “critical differences in culture here.” Allgyer learned about sex and reproduction by growing up on a dairy farm and received no formal sex education, she said. Even talking about sex “is extremely discouraged” in Amish culture.
“I understand the state is not OK with the victims being OK, and a lot of people might not be,” she said. “Just because they don’t act like typical victims doesn’t mean we can tell them they are wrong. We don’t get to tell them how to feel or what they want.”
When given the opportunity to speak in court, Allgyer made a brief statement that he regretted his past actions.
Julie Genovese, the Dane County judge appointed to the case, called the crimes “evil acts.”
“That being said, I don’t believe Mr. Allgyer is an evil person,” Genovese said.
She agreed with Winder that sending him to prison would unduly burden his family, even if the community is willing to jump in to help.
But, “I do think some incarceration is necessary ... so other males in the community know that they can’t do these types of things.”