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By SAM ALLEN
Daily News Staff Writer
Roger Alexander Fawcett, 35, was sentenced Thursday in Ketchikan Superior Court to 15 years — 6 suspended — in jail for the sexual assault of an 18-year-old in November 2017.
He was found guilty of sexual assault in the second degree — a Class B felony —after a three-day, 12-person jury trial in early December.
During the sentencing Thursday, Superior Court Judge William Carey said this was "not too far off from sexual assault in the first degree."
Although, a registered sex offender at the time of the offense, Fawcett is still eligible for good time, because his previous offenses were misdemeanors. This means he could spend as little as six years in jail.
Fawcett will be on probation for seven years after release, and is required to register as a sex offender for life.
The incident took place on the first night the victim stayed in her new apartment.
During the trial, the victim testified that on the night of the incident she was drinking with a friend and Fawcett, whom she did not know. The two men came over and throughout the night the three of them were taking shots of alcohol.
"She was just a young lady trying to have a good time, play some music, get high, and have a relatively innocuous evening in her own home," said Carey during sentencing.
At the trial the victim testified that she had told her friend earlier in the evening that he — but not Fawcett — could stay the night, or that the two men could stay at her apartment together, but she made it clear that she did not want Fawcett to stay the night alone with her.
"I think that here Mr. Fawcett truly took advantage (of the victim's) kindness," said Ketchikan District Attorney Timothy McGillicuddy before sentencing. There was "premeditation and deception," according to McGillicuddy.
At some point during the evening Fawcett, convinced the victim to let him stay the night, telling her he was homeless.
"She's got a big heart,"McGillicuddy said Thursday. "She's a nice person and so she opened up her home to the defendant who was using that as a ruse. He abused her kindness in order to perpetuate a crime against her."
She also testified that she had no romantic or sexual attraction to Fawcett whatsoever.
"Coming to and finding what was going on," said Carey, "I can only imagine how undeserving that was."
When she woke up, she pushed him away, repeatedly saying “no,” and began to shout and throw things at Fawcett to get him to leave.
On Thursday, the victim and her father were present in court for the sentencing, as well as some of Fawcett’s family. None of them addressed the court, but Fawcett did. He apologized and asked for forgiveness.
"He seems to be sincerely sorry," said Carey, "but it's happened repeatedly."
McGillicuddy said that as early as 2004 Fawcett told police that, "he has this compulsion to get his fix. It looks like that hasn't abated."
In 2004, Fawcett pleaded guilty to attempted third-degree sexual abuse of a minor.
"I can only imagine the number of people he has already affected through his conduct," said Carey. "These young girls in 2004 and the young women who’ve received pictures from him."
In 2012 Fawcett also pleaded guilty to multiple counts of harassment in the second degree for sending unsolicited photos of his genitals to a woman.
Some of Fawcett's other crimes "didn’t wind up in sexually oriented offense," said Carey, "but it seemed to have that undercurrent of that’s what was being sought."
In 2012, Fawcett was convicted of fourth-degree assault after he trapped a woman who was using the bathroom at his residence. According to court documents, Fawcett forced his way into the bathroom that the victim was using and attempted to grab her.
State public defender Margret Bergerud said, "Mr. Fawcett is an example of hurt people, hurt people."
When Bergerud commented that the amount of jail time is exponentially greater than any jail time he's served before Carey said, "There is no excuse, he’s been through it, he’s done it."
She said that Fawcett himself has been a victim of sexual abuse and should get the rehabilitation he needs.
The court agreed on three aggravating factors for the offense.
"Because it is aggravated, I could go over those 15 years, I could go up to 99," said Carey, "But there are still prospects for rehabilitation."
He added that the court is looking at community condemnation for the conduct, not vengeance for the conduct.
Carey sentenced Fawcett to 15 years, with six suspended, nine to serve.
"I just think that it is far too serious of a case and when I look at the circumstances of the case itself and the prior conduct of the defendant, I just can't justify going lower than that," Carey said.
As per the conditions of Fawcett's probation, he is not allowed to have direct or indirect contact with the victim, undergo a drug and alcohol outpatient or inpatient program of up to six months, and not to engage in any illegal activity or use or possess marijuana. For these seven years he is required to submit to any drug or alcohol testing upon request and is subject to searches of his residence, personal property, and any vehicle he's driving.
Carey said that while Fawcett is probably personable and has some amount of charisma, "he’s a walking danger."
"(The victim) has paid a serious, serious price that will be with her forever, said Carey. "It should not have happened."
He also added, "I have great concern for this young lady and how she's going to deal with things moving forward. She has family support, she has friends. I'm going to be thinking of you as you do go forward."
A few people from Fawcett's family made written statements to the court, which the Carey took into consideration.
"I do have a lot of concern for the folks over on Metlakatla — there’s so many good people over there, so many wonderful families and when I read about the kinds of tragedies that have happened within the Fawcett family, again, it’s heartbreaking," said Carey. "And to see it continue now with this generation, with Roger being involved in this kind of conduct, something has to change, and now’s the time. This is it."