A District Court judge ruled Thursday that an 18-year-old man cannot again live on any Hutterite colony as part of his sentence for having sexual intercourse without consent with two developmentally challenged girls.
Paul Hofer Jr. received deferred imposition of sentences for four years for two counts of felony criminal endangerment to run consecutively and must register as a sex offender as part of Judge Jeffrey Sherlock's sentence.
Hofer, who previously lived on the Milford Colony, cannot return to the community south of Augusta or live in any other Hutterite colony during the eight years he is on probation.
State Probation and Parole Officer Cathy Murphy, who conducted the pre-sentence investigation, said Hofer, who now resides in Great Falls, should not live on any colony because he would have access to too many children, and Milford colony in particular because that is where his victims live.
Sherlock and Murphy, along with the prosecution and defense, all agreed that prison was too harsh a punishment and hope Hofer, who is currently in counseling, can be rehabilitated.
The Lewis and Clark County Sheriff's Office began an investigation in February 2007 after receiving information that Hofer was engaging in nonconsensual sexual activities with the two girls, who also live in the colony.
During their investigation, detectives learned Hofer had sexually assaulted one of the girls with a stick about two years prior, according to court documents.
Another girl told investigators she had sexual intercourse without her consent on numerous occasions with Hofer over a two-year period. Court documents say she was treated in February 2007 for an injury she received as a result of the sexual contact.
The victims were likely unable to give consent because of their developmental delays and were under the age of consent, court documents note.
Hofer was originally charged in April 2007 with two counts of felony sexual intercourse without consent in April 2007. As part of a plea agreement, the charges were dropped to criminal endangerment. He pleaded guilty Feb. 21.
Reporter Angela Brandt:
447-4078 or angela.brandt@helenair.com
Posted in Local on Friday, June 13, 2008 12:00 am
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