Self-described ‘monster’ convicted of raping a child sentenced to life in prison after his sexually graphic plea for leniency
photo by: Chris Conde/Journal-World
A Lawrence man who has repeatedly called himself a “monster” after allegations of numerous sex crimes came to light was sentenced to life in prison on Wednesday after delivering a sexually graphic plea for leniency.
Dustyn Dwayne Polk, 49, was convicted in Douglas County District Court after a bench trial in October of one count of rape, one count of aggravated indecent liberties with a child and one count of criminal sodomy, all felonies, as the Journal-World reported.
He was originally charged with additional counts of rape and other child sex crimes but those charges were dismissed through various legal negotiations ahead of trial. The charges relate to multiple victims, one as young as 10, over several years of abuse.
Polk represented himself through the majority of his legal case and at one point was permitted to cross-examine one of his victims on the stand. He eventually accepted an appointed attorney, Carol Cline, who represented Polk at trial.
On Wednesday, Judge Sally Pokorny sentenced Polk to life in prison without the opportunity for parole for 25 years in connection with the rape charge. She also sentenced him to an additional 61 months, just over five years, on each of the aggravated indecent liberties and criminal sodomy charges and ordered those charges to run concurrently to each other but consecutively to the rape charge.
One of Polk’s victims spoke briefly at the sentencing. She said that since she spoke up about the abuse by Polk her life has “spiraled” but recently she has rebounded. She said she still has hard times but also times of joy. She said that despite having better control over her life, she was still afraid to be in the same room as Polk.
“I am absolutely terrified to be here right now,” the woman said. “But I have to make sure no one else is hurt (by Polk),” she said.
Polk then addressed the court.
“I can say whatever I like, correct?” Polk asked.
Pokorny said that Polk could make whatever statement he wished. Polk first said that the victims who testified in court said they couldn’t remember details of the sexual assaults and that he couldn’t believe that.
Polk said he was raped as a child and then began to describe in graphic detail what a family member had done to him when he was as young as 4. He said that the memories of his own abuse were so ingrained in his mind that he could still taste and smell his abuser.
He said for his entire life he has had nightmares and has attempted suicide multiple times.
“I know what rape is. I can’t escape it,” Polk said.
Polk looked directly at one of his victims and said that the woman had been abused but not by him. He said he encountered a man in prison who claimed to have abused the woman when she was a child.
“I am a violent man, but not this creature,” Polk said.
Pokorny said that she was sorry to hear about Polk’s past and that she does believe he was abused. She then sentenced him to life in prison.
Polk had asked the court for leniency prior to sentencing. Cline had argued on his behalf and said that Polk had no previous criminal history and had taken responsibility for his action in part by agreeing to a bench trial where a judge determined his guilt instead of a jury, which Cline said prevented some witnesses from having to testify.
Senior Assistant District Attorney Ricardo Leal said that Polk was never interested in reducing the harm to the victim. He said Polk agreed to the bench trial during negotiations with former Deputy District Attorney Joshua Seiden. Leal said Seiden agreed to dismiss five off-grid felonies as part of the arrangement so that the victims wouldn’t be needlessly retraumatized.
“In Polk’s own words at trial, he’s a ‘monster,'” Leal said.
Polk said he intends to appeal his conviction and that he believes the case should have been dismissed for speedy trial violations. He has been in custody since his arrest in 2018 and has served 2,293 days in the Douglas County Jail.