Man gets probation for sexual assault; First-degree criminal sexual conduct charge dismissed

Published 6:26 am Friday, October 25, 2019

Steven Edward Simon Jr., 41, of Austin was sentenced to 10 years of probation for felony fourth-degree criminal sex conduct-force or coercion on Thursday in Mower County District Court.

Steven Edward Simon Jr., 41

A charge of felony first-degree criminal sexual conduct-penetration-personal injury-force or coercion-was dismissed at the sentencing as part of a plea agreement reached on July 5. His charge was also reduced from felony third-degree criminal sexual conduct-force or coercion-as part of that agreement.

Judge Jeffrey Kritzer issued the sentence.

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Simon was arrested on Nov. 6, 2018, after a woman alerted police that her friend was likely the victim of a sexual assault. Court documents state police spoke to the victim, who said she and Simon had been smoking marijuana at her residence when Simon told her she “deserves better” than her boyfriend and expressed his desire to “fool around.” She then said she told him no, but he began touching her left inner thigh and pulled down her pants. She said Simon then raped her and that she didn’t fight back because he was bigger and she was “scared” of him.

After the incident, the victim said she took a bath because she felt “dirty.” She had thrown away the clothes she was wearing at the time and police collected them from the trash as evidence. The victim also complained of pain and was later taken to the hospital.

The victim’s boyfriend said she was very upset when he came home, but would not tell him why. He later examined her phone and found text messages she had sent to her friend about the incident.

When Simon was arrested, he said the victim’s boyfriend “must have found out about the affair.”

A review of Simon’s criminal history shows prior convictions for theft by swindle, issuing dishonored checks, drug possession, stalking and domestic assault.

As part of his probation, Simon must follow 24 conditions, including registering as a predatory offender and attending a sex offender program. Failure to follow the conditions could result in 48 months in prison.

He received credit for 14 days served.