Ex-KU student pleads to battery

20-year-old had faced rape charge for July 2005 incident

A former Kansas University student originally charged with raping an intoxicated woman received a yearlong prison sentence Tuesday after pleading to a lesser charge.

District Court Judge Michael Malone sentenced Nicholas J. Wolf, 20, to a year in prison for aggravated battery. He initially was charged with having sex with the victim, then age 19, in July 2005 at an apartment in central Lawrence while she was “incapable of giving consent” because of drugs or alcohol, according to court records.

Rape normally carries a minimum penalty of about 12 years in prison under state sentencing guidelines. But Dist. Atty. Charles Branson said his office agreed to let Wolf plead to the lower charge in part to spare the victim from having to testify. He said the plea was negotiated “with the full cooperation of the victim and the victim’s family.”

“The difficulty we have with these types of cases is that you have a victim who is under the influence,” Branson said. “They have difficulty recalling all the facts and circumstances of a case. We have to reconcile that with what we’re able to prove from other evidence.”

Branson said the plea “holds the defendant accountable by convicting him of a person felony crime and : by making him spend a considerable amount of time in prison.”

Wolf received credit for 46 days he’s already spent in jail. He told the judge he didn’t want to make any remarks before being sentenced.

The victim attended Tuesday’s hearing and gave a written statement to the judge, but she did not speak in court. Malone said her letter would be kept out of the public court file.