Teen charged with rape receives deferred sentence
Scott Shindledecker Daily Inter Lake | Hagadone News Network | UPDATED 6 years, 5 months AGO
A Kalispell teen accused of raping a girl while she was asleep was sentenced in Flathead District Court recently.
According to court documents, Kaleb James Arends, 18, entered an Alford plea April 12 to one felony count of sexual intercourse without consent. The plea means he is not acknowledging guilt, but does mean he believes he could have been found guilty of the charge. Judge Heidi Ulbricht sentenced him to a six-year deferred sentence. Arends also received credit for time served of 31 days. Arends was fined a total of $400, he must have an HIV test and he was deemed a Level 1 sex offender.
Both the prosecution and defense agreed to the deferred sentence.
County Deputy Attorney Alison Howard said the victim and her father were on board with the plea agreement, but didn’t wish to appear at the hearing.
“They are both ready to put this behind them and move forward with their lives,” Howard said.
Arends’ attorney Alisha Backus told the court that Arends missed an opportunity to enlist in the U.S. Navy, but he is finishing up his school work online and is on track to graduate this year. She said Arends is also currently employed.
Ulbricht told Arends that the local community affords him the best chance at rehabilitation.
According to the affidavit, the Child Abuse Hotline called the Flathead County Sheriff’s Office earlier this year to report that Arends had allegedly raped a 15-year-old girl while she was asleep.
According to the document, a detective spoke to a witness who said that on Jan. 13 she was at a party where alcohol was consumed. She said her friend, the victim, was intoxicated, and that she saw Arends having sex with the victim while she was either asleep or passed out.
According to the court document, the friend said Arends told her to “cover up” for him, so that he wouldn’t get in trouble.
Reporter Scott Shindledecker may be reached at 758-4441 or sshindledecker@dailyinterlake.com.