NEWS

Lack of jail time in student sex assaults concerns some

Michael Braun
MBRAUN@NEWS-PRESS.COM

A former FGCU student who was originally charged with two rapes and a beating won't serve prison time, which prompted a local rape counselor to criticize the penalty.

Joshua Sekulic leaves courtroom 7B after accepting a plea deal for sexual battery case in a case involving sexual assault and battery on the FGCU campus in 2013.

Joshua Daniel Sekulic's case resolved Monday as he pleaded no contest to one charge of sexual battery before Judge Ramiro Manalich.

The plea deal provided for no prison time but mandated Sekulic register as a sexual offender for the rest of his life, be on sexual offender probation for 10 years, be electronically monitored and have no contact with the victims.

The 23-year-old San Carlos Park resident was accused in 2013 of raping two women and beating up another. A Florida Gulf Coast University spokesman said Sekulic has not been associated with FGCU since his arrest and is not allowed on the campus.

Joshua Sekulic accepts a plea deal for sexual battery case in a case involving sexual assault and battery on the FGCU campus in 2013.

He was also adjudicated guilty, meaning he will be listed as a convicted felon, said Francine Donnomurro, head of the state attorney's office's special victims unit.

Colleen Henderson, community education coordinator at Abuse Counseling and Treatment Centers, a nonprofit agency, said she was saddened by the outcome, especially because there was no prison time involved.

"The message sent is that people can hurt others and not have to pay for it," she said.

Joshua Sekulic leaves courtroom 7B after accepting a plea deal for sexual battery case in a case involving sexual assault and battery on the FGCU campus in 2013.

"I understand he has a felony, but the sad thing is this is a life sentence for the survivors," Henderson said. "There are so many different factors. They can recover, but it is still there. It affects how they function."

Sekulic declined to comment Monday as he left the courtroom. A call to Sekulic's lawyer, Sean O'Halloran, was not returned Monday.

Donnomurro said the lack of prison time was a result of the case not going to trial, something the victims did not want to go through.

She said the state attorney's office makes it clear that going to trial is always an option for the victims, adding that the office always goes over plea agreements with the victims

"They did not wish to go to trial. They were truly traumatized," she said. "We listened to the victims."

Dunnomurro said college cases are always very difficult. "They are adults, but they are young," she said. "Some of them are away from home for the first time."

She said that the sexual offender registration in Sekulic's deal would change to a sexual predator listing if there are further violations and convictions.

One of Sekulic's victims told him at the plea hearing that she hopes he eventually realizes what he did to her and two others.

The woman who accused Sekulic of sexual battery in the case read a statement in open court saying she had no reason to lie because the truth was going to surface.

"Joshua did this," she said. "Joshua, I hope one day you truly comprehend what you have done and that you understand that a day won't go by that your victims won't remember the physical attack as well as the permanent emotional scars that impact all relationships."

A statement by the father of another victim read in court by Donnomurro thanked FGCU for a thorough investigation and added "words can't express the physical and mental toll created by Mr. Sekulic's physical assault."

The News-Press does not identify victims of sexual abuse.

Sekulic was arrested in November 2013 after three FGCU students came forward and accused him of sexual assault and battery. In separate incidents two of the women said Sekulic forced them to have sex with him while the third said he pinned her down and bit her before she escaped.

Sekulic, then 21, later sent letters of apology to two of his victims.

One letter from Sekulic stated that he took an invitation into her apartment as "a sign that you wanted to have sex."

A second letter to a victim read: "I am sorry about the events that happened on the 30th of October I was under the impression you wanted too (sic) have sex. I did not think that you wanted me to stop and I kept going. For that I am sorry and I wish you the best and I hope everything is OK."

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Help for sexual abuse

The Abuse Counseling and Treatment Centers have a hot line for victims of domestic violence and sexual abuse, 239-939-3112. The agency offers rape testing, an advocate for those seeking help and more.

Sexual offender reporting

What are the basic registration obligations of sexual offenders/predators?

Registrants are required to report to their local sheriff's office (for a list of locations click here) and provide information including:

Name, date of birth, Social Security number, race, sex, height and weight, hair and eye color, tattoos or other identifying marks, fingerprints, palm prints, photograph, occupation and place of employment, residential address(es) including transient (i.e. homeless), vehicle information, all home telephone numbers and cellular telephone numbers, all electronic mail addresses and Internet identifiers, conviction information, passport information, immigration status/documentation, professional license information.

Sexual offenders must complete a registration form at their county sheriff's office either twice a year (birth month and every sixth month thereafter) or four times a year (birth month and every third month thereafter) depending upon their offense.

Sexual offenders/predators must update their driver license or identification card within 48 hours after any change to their residence (permanent, temporary, or transient) or name.

Sexual offenders/predators must maintain registration for the duration of their life unless he/she has received a full pardon or received post-conviction relief for his/her qualifying offense.

All qualifying sexual offenders, sexual predators, and juvenile sexual offenders will be listed on the public registry website.

Source: Florida Revised Code