COEUR d’ALENE — A man who admitted to sexually assaulting and photographing a sleeping woman will spend up to six years in prison.

Dexter R. L. Tondu, 19, pleaded guilty in April to video voyeurism, a felony, and sexual battery, a misdemeanor. Tondu originally faced an additional charge of forcible penetration with a foreign object, a felony with a maximum penalty of life in prison, but prosecutors later dismissed the charge in exchange for his guilty plea on the remaining charges. 

In January, a woman who described Tondu as a friend reported that he had sexually assaulted her while she stayed overnight at his residence. 

The woman told police she woke to “the sound of the Snapchat camera shutter going off” and thought she saw light from camera flashes through her closed eyelids, according to court records. She said she pretended to be asleep while Tondu pulled her clothes aside and sexually assaulted her, for fear that the assault would escalate if she resisted. 

When interviewed by police, Tondu admitted to assaulting the woman while he believed she was asleep. He also admitted to taking nude photos of the woman, which he stored in a hidden folder on his phone, according to court records. 

First District Judge John Mitchell sentenced Tondu this week to five years in prison for video voyeurism with parole eligibility after one year, as well as one year for sexual battery, the maximum possible sentence for each crime. The sentences are to be served consecutively. 

Mitchell opted to retain jurisdiction in the case. This means Tondu will spend up to a year in a prison treatment program, called a rider, before Mitchell either places him on probation or sends him back to prison. The time Tondu spends on a rider won’t count toward the one-year misdemeanor sentence. 

In court Wednesday, Mitchell said Tondu’s victim was credible, while Tondu was not. He indicated he could not require Tondu to register as a sex offender because the forcible penetration charge had been dropped.

“It doesn’t matter to me if she faked being asleep hoping you would stop,” Mitchell said. “What is painfully obvious is that you violated her.” 

Mitchell said he won’t place Tondu on probation in the future unless Tondu complies with sex offender treatment while incarcerated, is reassessed at a lower risk level for reoffending after completing his rider and does not test as “deceptive” when undergoing polygraphs. 

“You need to be honest with what you did to your victim,” he said. 

If you or someone you know is experiencing domestic violence or sexual abuse, call Safe Passage Violence Prevention Center’s 24-hour helpline: 208-664-9303.