COEUR d'ALENE — A 20-year-old Spokane man accused of raping a Hayden teenager in a city park bathroom will spend 30 days in jail.

Ayden M. Harden, who was charged with lewd conduct with a minor, a felony that carries a maximum life sentence and a $50,000 fine, was sentenced in First District Court to five years probation and 30 days in jail.

Judge Cynthia Meyer said the decision to not send Harden to prison was difficult. Instead of imposing a prison term, Meyer chose local jail time as part of an underlying 12-year sentence. That means if Harden fails to live up to the rules of probation, he could serve as many as 12 years behind bars.

For the time being, however, Harden, who was arrested in Coeur d’Alene July 31 and later indicted by a grand jury that found statutory rape, according to Harden’s attorney, will go to jail before being placed on probation. He will also be required to register as a sex offender.

“It is a tough decision and I am struggling with it as we speak,” said Meyer. “I agree that society can be protected with a probationary term.”

Harden is accused of using alcohol to groom the 15-year-old girl he had met that day at Tubbs Hill, following her into a city-maintained restroom and into a stall while a mother and her children were inside the restroom. He had sex with the girl, who told police she did not know what was happening, then resisted and was afraid to scream.

When she left the restroom crying, her friends called authorities.

“What he did required planning and a great deal of determination,” deputy prosecutor Art Verharen said. “He is following this intoxicated 15-year-old to the restroom to have sex with her.”

Defense attorney Sean Walsh said his client had a low risk to reoffend, was remorseful and that many people wrote letters in support of Harden.

“These are tender years,” Walsh said. “The crime before the court is completely based on age.”

The victim was almost 16, Walsh said, and his client was 19 at the time of his arrest.

“I don’t think society is well served to send (Harden) at 20 years old, to prison,” Walsh said.

Meyer said the incident and its outcome will likely prevent Harden from joining the military as he had planned.

“That’s on you,” Meyer said.