A former college football player who admitted to raping two women has avoided prison time and could have the crime erased from his record in just a few years.
Derek Nygaard, 20, was facing two decades in prison but was instead ordered to six years of probation after pleading guilty to a single count of sexual intercourse without consent.
The judge agreed to a deferred sentence, which keeps Nygaard out of prison as long as he complies with the terms of his probation for six years, The Montana Standard reported. Afterwards, he can even apply to withdraw his guilty plea and have the conviction expunged from his record.
The no-prison plea bargain was supported by both of Nygaard's victims, who wanted to give him another chance.
"There's no excuse or justifications for his actions but the victims wanted me to let the court know that their acceptance of this recommendation is based upon their hope — their sincere hope — that nobody else has to go through the position they were in," prosecutor Samm Cox said in court, according to The Standard.
"They hope he can take the necessary steps, with counseling, with all the conditions of supervision, and become a productive member of the community," Cox added.
If Nygaard fails to follow requirements of his probation -- which include counseling and registering as a sex offender -- or he gets into trouble before the period is over, he could be sentenced up to life in prison.
The assaults took place in September and October 2020 while Nygaard was a student at Montana Technical University, according to The Washington Post.
The first victim went to police on October 13 and reported that a month earlier, Nygaard prevented her from leaving his apartment and assaulted her. The woman told police she felt ashamed about what happened but decided to speak up after discovering that Nygaard might have attacked someone else, The Post reported.
The attack she referenced reportedly happened 10 days earlier. Nygaard's ex-girlfriend told police she initially let him inside her house because he appeared too drunk to walk, but when she asked him to leave, he covered her mouth with his hand and raped her, The Post reported.
Nygaard briefly addressed the court before receiving his sentence, saying he was "incredibly disappointed in my behavior by acting disrespectfully."
"I have begun the long process of maturing and taking on the responsibility of becoming a man my family and I can be proud of," he said. "This work has just begun, and I sincerely regret having to stand before you today. However, it will be the last I will ever find myself here."
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