Man pleads guilty to criminal sexual conduct
Published 10:31 pm Thursday, January 11, 2018
An Albert Lea man who reportedly sexually assaulted a woman last April pleaded guilty to a lesser charge Thursday in Freeborn County District Court.
Ryan Ervin Whelan, 35, pleaded guilty to gross misdemeanor fifth-degree criminal sexual conduct. The plea took place on the third day of a jury trial.
Court documents state Whelan was charged after law enforcement officers responded April 23 to a report of a missing woman. The woman is a vulnerable adult with a diminished mental capacity.
Once the victim returned home, she initially reportedly stated a man had offered to take her home from an Albert Lea bar, but instead of doing so had taken her back to his residence and raped her.
Court documents state Whelan initially told law enforcement he took the woman to his home and denied sexually assaulting her. He said they had consensual sexual contact. He reportedly admitted knowing that the woman was mentally challenged and did not speak well.
Sentencing is scheduled March 29. The charge carries a maximum sentence of one year in jail and a $3,000 fine.
Whelan is expected to receive a stay of adjudication, meaning if he completes his probation, which could be up to six years, the case will be dismissed. He will not be required to register as a sex offender.
Whelan was charged with felony kidnapping and third-degree criminal sexual conduct, but those counts are expected to be dismissed at sentencing.
Assistant Freeborn County Attorney Jennifer Clements said the deal “was the best resolution” to the case.
“It holds the defendant accountable for his behavior and reduces the risk of him being completely acquitted at trial,” she said.
Public Defender Michael Ryan said in an email Thursday “the case was overcharged from the beginning.”
“It is extremely unfortunate that Ryan Whelan was labeled a kidnapper and a rapist, and it is unfortunate that it took the state eight months, and two days of trial, to realize that these labels were completely inconsistent with the facts,” he said. “I am happy that Ryan can go back to his life.”
Whelan is in custody in Steele County in a separate case but is expected to be released today.