Vyvyan won't spend anytime in jail because the six months already served exceeds the maximum 93 days allowed
DICKINSON COUNTY -- A Dickinson County man charged with sexual abuse was sentenced Monday in District Court, but he won't be heading to jail.
As part of the plea agreement reached with the prosecution, 19-year-old Jonathan Vyvyan was convicted on a misdemeanor charge of assault and battery and will have to register as a sex offender for 25 years. The original charges of criminal sexual conduct were thrown out as part of the plea deal.
Vyvyan won't spend anytime in jail because the six months already served exceeds the maximum 93 days allowed according to the statute in the plea deal.
He originally pled no contest to sexually abusing a 22-month-old baby. Officials say that problems with the evidence and the baby being too young to give a statement led to the plea deal.
Judge Christopher Ninomiya gave his opinion on the matter before handing down his sentence.
"You essentially acknowledged intentionally touching a 20-month-old child's genital area with your hand knowing that you had been infected with a virus. The conduct that you engaged in is reprehensible, it's disgusting, it's completely inexcusable," said Judge Chris Ninomiya.
The charges against Vyvyan came after a medical exam of the child showed the victim contracted a sexually transmitted disease. Vyvyan and the victim's family chose not to address the court.
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