Man sentenced 7-10 years for child sexual assaults, child porn

Judge Kaste: Parents can’t consent for their children to have sex

By Amanda Manchester, Herald Reporter
Posted 3/20/24

EVANSTON — “The sentence has to reflect your record, you’ve made a lot of errors in judgment as a young man,” District Court Judge James Kaste said to Jared Rogers, 21, of the …

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Man sentenced 7-10 years for child sexual assaults, child porn

Judge Kaste: Parents can’t consent for their children to have sex

Posted

EVANSTON — “The sentence has to reflect your record, you’ve made a lot of errors in judgment as a young man,” District Court Judge James Kaste said to Jared Rogers, 21, of the Bridger Valley.  While Rogers was initially arrested and charged with 20 felony counts, a plea deal dropped half of the charges to 10 counts before he was sentenced in Third District Court in Evanston on Friday, March 8.

Rogers pleaded guilty to four counts of sexual abuse of a minor in the second degree, and three counts each of sexual exploitation of a minor by manufacturing and then possessing child pornography. Through the plea deal, Kaste sentenced Rogers to 7-10 years behind bars for each count to be served concurrently.

Rogers’ crimes occurred during the second half of 2022 when he was 19 years old and involved two different underage girls who were each 15 years old. Wyoming age of consent law is 17 years old; ages 16 and under cannot legally consent to sexual activity.

Special Agent Daniel Allison, with the Internet Crimes Against Children (ICAC) Division of Criminal Investigation (DCI), was initially contacted in the fall of 2023 by the mother of one victim and an investigation into Rogers’ activities began.

Kaste said he relied on the victims’ impact statements and the pre-sentencing investigation to decide Rogers’ fate. Uinta County Attorney Loretta Howieson Kallas also brought in two witnesses.

On the stand, Uinta County Sheriff’s Office deputy Kerby Barker informed the court that Rogers had blatantly flouted the terms of no contact with the victims after his arrest.

“One victim was listed as his emergency contact,” Barker said, in addition to, “sixty-one phone calls attempted from the jail to that victim.”

Barker also explained that two separate letters were sent to that still-underaged victim, one letter through a 61-year-old former inmate who had been recently released. That inmate was also supposed to obtain a photo of the victim for Rogers.

Kallas then called Special Agent Allison to testify. He cited heightened concern for perpetrators who personally know their victims and manufacture their own child pornography videos as an increased risk factor for recidivism.

Allison also noted that there were degrading and violent undertones to Rogers’ videos, including prolonged choking and hair pulling. Rogers later argued with his victims through social media referring to them as “bitches,” “sloppy seconds,” and other derogatory terms.

Allison said that distribution of child porn, which Rogers was not charged with, is another risk factor. Although Rogers’ recordings of his crimes were apparently for his personal gratification, Rogers’ access and usage of multiple social media accounts were primed for sharing the videos.

“It’s re-victimizing the victims over and over again,” Allison said. Kallas clarified that while there was “preparation, [there was] no evidence of distribution.”

“Rogers attempted to take some responsibility. He was honest and forthright in his proffer,” Allison said regarding the defendant’s willingness to cooperate with law enforcement, though Allison acknowledged that Rogers’ arrest was troubling, having involved a ride share service from Green River and attempting to submit a false urine analysis sample. Allison was also alarmed at Rogers’ continued contact with his victims.

During victim impact statements, the first victim’s mother spoke on behalf of Rogers.

“I don’t think it’s fair,” she said, indicating that if she’d had a problem with Rogers’ sexual relationship with her daughter — which she was aware and supportive of — she would have called the police herself.

She also insisted the relationship was consensual. She said Rogers is a good man, and a true friend to their family during a difficult time.

“It’s not fair for him to be made out to be the bad guy,” the victim’s mother said. “I believe he deserves a second chance.” 

A seemingly stunned Kaste interjected.

“That’s a crime,” he said. “That’s child endangerment; you should be prosecuted. You cannot consent for a minor. Your participation in this is criminal. This was under your roof. This is not OK. You had a responsibility as a parent to stop it.”

The second victim’s mother expressed that she initially thought Rogers seemed like a good kid and that she was misled to believe that he was 17 years old. She said she later came to learn that he was emotionally manipulative with her daughter.

“Jared shouldn’t lose the entirety of his life,” she said, “[but] he should understand the consequences of his actions.”

The second victim at the hearing delivered her impact statement.

“I also don’t feel like he should lose his life,” she said. “I feel like what he has done to me and to other people, abusing people and everything leading up to this point, he has violated a lot. He has constantly tried to contact me even thought I don’t want him to. I feel unsafe. He has shown up to my house before. He’s not a kind, caring or considerate person. He can do good, but he chooses not to.”

Kallas argued that even though the defendant is quite young, it doesn’t change the impact of his acts.

“Manufacturing [porn] is a whole other level, to commemorate it ... Recording is an act of rape,” she said. “The state is cognizant of his age. [But] to engage in extreme sexual actions, manipulation and control ... acts of violence — this type of behavior and conduct will not be tolerated by the state.”

Rogers’ aunt spoke on his behalf, citing a family history of complex trauma.

“He’s exhibiting the same characteristics, it gets passed down,” she said.

Rogers’ father spoke of his son’s turbulent childhood, including highs and lows and lost potential. He said he was aware of his son’s relationship with each of the girls, but was under the impression they were both 17 years old. He also admitted that he thought all of the parents involved knew the circumstances and supported the relationships.

At that point Kaste reiterated, “Parents cannot consent on behalf of your minor child so they can have sex with adults.”

Rogers’ dad further expressed that he’s proud of his son for taking accountability and that he’ll do whatever it takes to provide the much-needed support for his son’s rehabilitation.

Rogers’ attorney, Joe Hampton, argued for the lower end of the sentence (3-7 years) and mandatory youth offender treatment to follow.

“He had a rough upbringing. He’s a sensitive person, and intelligent. He’s a caring person, but he needs some direction. He can still be a productive member of society,” Hampton said.

After an attempt by Hampton to mitigate the circumstances, citing the closeness in age between the victims and the defendant, Kaste said, “The problem is the age of the child victims, not the age of the offender.”

Given the opportunity to address the court, Rogers stated, “I’ve had a lot of time to think about where my sins have led me,” before explaining that his ideal plans of joining the Marine Corps were derailed by heavy drinking and suicidal ideations.

Rogers maintained that he’s been sober since January 2023, saying, “I am capable of change. I want to improve and be a good man. I should have known better and have been a contributing member of society.”

He then took the opportunity to apologize to his victims.

Kaste declared that probation is not appropriate for an “extensive criminal history for such a young man,” which included a previous DUI and felony vehicular theft. Kaste highlighted the power dynamic between a 15-year-old brain and that of a 19-year-old, and “the law recognizes that. Fifteen-year-olds can’t make informed decisions,” he said. “It’s not benign or harmless. It’s creating trauma, regret and pain. Things happened to them, not with them.”

“Videoing is so much worse,” Judge Kaste continued. “I have significant concerns about this kind of conduct. Nineteen is old enough to know right from wrong, though I do appreciate you working with law enforcement. I have an interest in protecting children with a significant consequence.”

Rogers — who, at the time of committing his sex crimes, was already serving a five-year second chance probation for first-time offenders for the May 2022 vehicular theft — was also sentenced to 18-36 months of incarceration for violating those court-ordered terms.

“You were given the ultimate gift, and you squandered that chance. It’s very rare that a 301 deferral is revoked,” before explaining to Rogers that he finds the defendant at a pivotal moment to make a change or continue making poor choices.

“[You’re] forcing the state to grab a bigger hammer,” Kaste concluded.

Rogers will first serve the probation revocation penalty before beginning his 7-10 years sentence. He will also receive nearly 300 days’ credit for time served, and will have to pay $1,950 to the Victim’s Crime Fund. He has 30 days to appeal his sentence.