Dale A. Kaushagen awaits sentencing for second-degree criminal sexual conduct
An International Falls man was found guilty of second-degree criminal sexual conduct by a Koochiching County jury Thursday.
Dale A. Kaushagen, 39, was taken into custody by a deputy and lead from the Koochiching County District Courtroom to await sentencing in the county jail.
The jury deliberated for about 12 hours after hearing nearly five days of testimony during the trial.
Kaushagen had been charged with one count of first-degree criminal sexual and two counts of second-degree criminal sexual conduct involving sexual contact with minors. The jury, which was polled individually at the request of Kaushagen’s attorneys, Bruce Biggins and Steven Nelson, found him guilty of only the second-degree charge.
As the verdict was read, several of Kaushagen’s family members began to cry and comforted one another in the courtroom.
Kaushagen’s attorneys asked Judge Chad LeDuc to allow Kaushagen to remain free on a pretrial release agreement until sentencing, but LeDuc denied the request.
Biggins told The Journal later that the verdict would be appealed. “This is the beginning of a new fight for Mr. Kaushagen,” Biggins said. He noted that the defense had asked three times for a mistrial during the trial.
Meanwhile, Biggins said that the defense counsel was disappointed in the jury’s verdict, but relieved that it found Kaushagen guilty of the lesser offense.
“What it means is the jury did not believe the testimony about penetration,” Biggins said after the verdict.
County Attorney Jennifer Hasbargen, who prosecuted the case, said she was disappointed that the jury didn’t convict on the first-degree charge. However, she said, that means she can still take Kaushagen to trial on the two pending second-degree charges.
“The second-degree (conviction) vindicated the victim and I am proud she stood up against this and what happened and for herself,” Hasbargen said after the verdict. “She was very brave and I am so proud of her.”
Biggins noted that tests inadmissible in court gave an indication contrary to the jury’s verdict.
The presumptive sentence on a second-degree conviction for someone with no prior criminal history is 21 months prison — stayed and probation, meaning he will not serve any jail time on the conviction unless he is convicted of another crime.
“If the court follows the guidelines, he’ll be placed on probation and the prison time will be stayed,” he said.
However, should the county attorney seek an upward departure from the guidelines, a sentencing jury would be brought in to decide, Biggins added.
“I believe this man was wrongly convicted, and I’m learning after 10 years in the business, that this happens from time to time,” he said.
However, he said, he was concerned that the case, which began in April 2005, was forwarded to the county attorney with a recommendation for a criminal sex charge after less than 29 minutes of interviews and less than four hours of investigation. Kaushagen’s family, he noted, was not interviewed.
Falls Police Sgt. Brian Youso, who served as lead investigator, would not comment on the investigation.
“The case came down to believing the victim and what the victim was saying,” he said. “I believed the victim and am glad the jury saw through the court proceedings and things that come up in a court trial and also believed the victim. Juries have a very difficult job.”›
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It is too bad that the...
Back to page topIt is too bad that the accused's family had to be listed in the article.
And Neglected the Truth...
Back to page topAnd Neglected the Truth Stands...
Fallser4life, I agree, a 'free press' apparently is free of any professional integrity and ethic.
What about the harrassment...
Back to page topWhat about the harrassment the family of the accused did to the victims? I am glad to see that he is behind bars before he hurt some other girl and her family and I hope he gets everything he deserves for what he did.
It is highly doubtful with...
Back to page topIt is highly doubtful with the allegations that the family of the accused harassed anybody. I am certain there were no contact orders which were well enforced, and I am in the understanding that the accused's children have switched schools. I am not logistically saying the man is innocent and I will keep my opinion in the matter to myself as he was tried and found guilty. I was just stating that his family should have been left out of it. I am very sorry about the victims' in this heinous act, however.
A typical Sexual Abuser is...
Back to page topA typical Sexual Abuser is more often a close and trusted family friend,or relative instead of a "Bad Stranger". They take advantage of the trust and close proximity of these relationships.In the end everyone is a loser.If and when a child,ANY child comes to an adult and states they have been approached or physically contacted in an inappropriate manner by anyone I would truly hope the belief would fall to the child.The typical Sexual Abuser almost always comes off as that very personable,social and charming person to those who know them.A child of any sex or any age has absolutely nothing to gain by reporting sexual abuse.The events that occur after a child reports what has happened to them are as devastating as the abuse itself.Interviews-detailed interviews,the humiliation and shame of having to repeatedly speak of the actions perpetrated on them to strangers in detail. Court dates,testimony in front of Lawyers,Judge and Jury.Proceedings that often drag out for months and sometimes years due to appeals.The child or victim undergoing duress from their own group of peers and those peers also passing judgement via opinion.Not only does the accused character get evaluated and dissected,so does the childs.It is a highly emotional truama that will effect a child the rest of their life.It takes so much courage to even tell an adult they love or trust that someone touched them in way that a"Family Friend" or Relative should never touch them.I applaud the courage of any child who overcomes the fear and the stigma they will surely suffer from many people who know and do not know them and judge them based on opinion.Only the child and the abuser know the true facts.I have stood in this childs place at one point in my life.The difference with me is, I never told anyone.I was too afraid.Parents, friends, Teachers,please believe and support your child, or any child who comes to you when they need to reach our for Justice. As for this Victim and any other Victim of Sexual Abuse anywhere....Go on with your life the best way you are able and always remember this... The Shame is NOT YOURS.....IT"S NOT YOUR FAULT.
What ever became of this;...
Back to page topWhat ever became of this; does anybody know? Hopefully justice was served and the family members are okay.
Runawaysandwich I beleive...
Back to page topRunawaysandwich
I beleive that the justice system is too lenient on the charges they give to a child sexual abuser. I believe this crime did occur, and I beleive that it wasn't only to the perps. family friends, in most child sexual abuse cases the children at home were also abused, but those memories are so repressed and stuffed down, because the child cannot deal with the thought of the abuse. I am fully knowledgeable about child sexual abuse, seeing that 30 years ago it also happened to me. It screws up your feelings about yourself and takes over a whole new arena in your life, affecting every relationship you have in your future. Your ability to trust anyone and the ability to feel like a whole person. It affects the family of both the victim and the guilty.
The perpatrator never admits the whole scenario of what did actually happen in detail, because they are guilty and they are fabulous actors, I've never known in my life, a time of a case of child sexual abuse as to when the guilty admits there is guilt, they are too warped in their denial. Also, the victim has to live with the guilt and shame for years. I'm very proud that the victim's in this case had the courage to use their voice and to tell the truth of what happened to them as children, being in the care of a friend's family where a sexual perpetrator is under the same roof where they are vulnerable children. My advice to the victim's is please seek out a therapist or a local women's survivor group and start working towards your recovery, it's a long road to recovery, but you will recover and you will be able to claim the part of your life that someone else ripped away from you. A lot of horrifying things can happen in your life later on down the road because of the abuse and the longer you stay quiet and try painfully to forget it, it will always be there. So please get the help that is out there, because it is. It's a brave act just to walk thru the door of a womens support group, but once you've made it thru the door you'll find the peace and serenity that you need. Believe me please.
There is hope for a full recovery and to live a satisfying life.
Stay strong ladies, I am so proud of you!
Written by a Lamplighter.
This Convicted Sex Offender...
Back to page topThis Convicted Sex Offender still lives in town. Is out of jail and works in town. One scary thing is that this sex offender (convicted of less than Level 3) resides within blocks of a very large apartment complex in S.Falls and within 2 blocks of a smaller apartment complex on the same Street. Both apartment complexes have children that reside there. Yet, is the public aware of this? No. Because the Law only requires that a LEVEL 3 Sex Offender requires PUBLIC NOTIFICATION. Do you think it matters to a child or the childs parents WHAT degree of sexual abuse happens to them? What the law is saying is unless there was "penetration" you just don't need to know where these sex offenders live. Sad isn't it? So parents that live in that area....be VERY AWARE.
What I want to know is,...
Back to page topWhat I want to know is, according to the article, sentencing for Second Degree Criminal Sexual Conduct, against a child, with no prior convictions is only 21 months in prison. Doesn't anyone else see what is wrong with that??
Everything is wrong with...
Back to page topEverything is wrong with that. It should be a mandatory sentence no matter what the previous record of an offender is. If your child were molested would you think the sex offender deserved no jail time because he had not been "caught" molesting another child before "yours"? Our Justice system is so sick and twisted at times, the focus so blurred and distorted. Espescially when it is in regards to crimes against our children. Think about it.... a molester can fondle, touch, force a child to perform oral sex etc., etc., and when caught and convicted of these atrocities the public won't be notified of where they live because the perpetrator did "not have intercourse" with the child. Or, the Jury did not "believe" the victim. It wasn't Level 3. Ignorant is all I have to say. Wrong, sad, disgusting.
I know from first hand...
Back to page topI know from first hand experience that the system is flawed when it comes to people having sex with kids. There is one person in this town who molested his three children, got caught and somehow got away without even having to register or anything. Realistically, there are probably more than just this one. I guess it is unrealistic to think that there is only one level three sex offender in our area whether they make them register or not. The more of these cases they sweep under the rug, the better the town and surrounding area looks to tourists and people who might want to move here.
If it were my child this...
Back to page topIf it were my child this happened to, I would be screaming my head off to the local prosecutor, judge, state legislators and every media outlet I could get my hands on. It is inexcusable.
Does only your child matter?...
Back to page topDoes only your child matter? I mean, this is happening and I feel it is important no matter who it is happening to.
I wasn't saying that should...
Back to page topI wasn't saying that should happen only if it was my child. Come on. I'm just saying that if it were my kid, I would be making some noise about it. Obviously, as you can see by my previous posts, I think its unexceptable no matter whose child it is. I think its time for the prosecutor and judge in IF to start making some changes as to how they run things. I think they should start being harder on criminals to show them we will not tolerate this type of behavior.
Rainy: I wasn't trying to...
Back to page topRainy: I wasn't trying to offend you. It just seems that many peoples' attitude is that it didn't happen to them so it's no big deal. One problem is that victims often have a hard time speaking out and giving sufficient evidence. There are many reasons for this including embarrassment, fear and guilt. It isn't just I falls. It is a problem everywhere. The case I mentioned was diverted to baudette because supposedly it happened there. Like I said it is apparently easier to sweep these things under the rug and let the victims deal with it on their own.
I can certainly understand...
Back to page topI can certainly understand that. I can't imagine the courage it must take, especially in such a small town, to come forward and reveal such a personal violation. Kudos to the victim and the victim's family in this case, as well as all victim everywhere of all different crimes.
I am definitely not one of those people that think we should sweep it under the rug. I believe we should face things head on and do whatever we can to protect our children. Everyone's children.
Just so you know, this man...
Back to page topJust so you know, this man was not even sentenced to 'sex offender treatment'. The Judge said since he has maintained his innocence throughout the trial, he would not 'successfully complete' treatment. Therefore it was not ordered. Also, he withdrew his appeal in this case in exchange for the other 2 charges being dropped.
About speaking out, it's not as easy as you would think. The judicial system seems to not listen to victims and their families, the offender has so many rights and everyone is all worried about violating them. Very few people worry about the victims rights.
It's really sad how much of the evidence was suppressed in this case, had the jury heard everything, this man would be in prison now. But that's how the judicial system works. I guess it has to be that way... how does that saying go... Better to let 10 guilty men go, then put one innocent man in jail... or something like that. This whole thing is messed up. These girls (and the two that weren't allowed to testify) were put through hell and now they feel like 'nothing happened to him'. Yes, he faced some consequences... but the victims face a lifetime of reliving these crimes and riddicule from those that don't believe them.
At least they can say, "I did something about it". "I told the community". I know that they feel that if their coming forward stops him from hurting someone else, that it was all worth it. I know these girls. They are very brave, but have a long, difficult road of healing ahead of them.
Thank You....
Back to page topThank You.