Court Re-Sentences Man On Sexual Assault Convictions

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WASHBURN COUNTY -- The Court has re-sentenced a man for sexual assault convictions after the Wisconsin Court of Appeals returned the case to Washburn County Circuit Court.

Online circuit court records show that a hearing was held in Washburn County Circuit Court on March 4, 2022, and the Hon. Kelly McKnight re-sentenced Braidon Rau for sexual assault convictions that he previously received.

A criminal complaint filed in Washburn County Circuit Court in 2017 states that Rau was charged with Class C Felony Sexual Assault of a Child following law enforcement’s investigation into allegations that in September 2017, Rau forcibly sexually assaulted a child under the age of 16.

Shell Lake Police Department investigated the allegations against Rau with the assistance of the Spooner Police Department. Rau acknowledged having sexual intercourse with the victim, according to the criminal complaint filed against him. When interviewed by Shell Lake Police Chief David Wilson and current Washburn County Sheriff’s Chief Deputy Steve Pank (former Spooner Police Captain), Rau claimed that the intercourse was consensual.

Online circuit court records show that in 2018 the Hon. Robert Eaton accepted a Deferred Judgment of Conviction Agreement on the case filed against Rau. Under the terms of the agreement the charges against Rau were amended by former Washburn County Assistant District Attorney Daniel Steffen to Class I Felony Exposing Genitals/Pubic Area/Intimate Parts to a Child; Class G Felony 3rd Degree Sexual Assault; and 2 counts of two counts of Misdemeanor 4th Degree Sexual Assault. Details of the conditions of that Deferred Agreement are not listed in online court records, however, these records indicate that Rau was found Guilty of all charges and ordered to register with the Wisconsin Sex Offender Registry for 15 years.

In September 2018 a criminal complaint was filed against Rau in Juneau County Circuit Court charging him with 2nd Degree Sexual Assault/Use of Force; and Felony Bail Jump. Following this, the Washburn County Deferred Agreement was revoked, according to online circuit court records, and in November 2019, Rau returned to be sentenced on his Washburn County criminal charges.

The Hon. Kelly McKnight ordered Rau to serve concurrent sentences on all his convictions for his Washburn County case. Rau received a sentence of 3 and ½ years on his conviction of Class I Felony Exposing Genitals/Pubic Area/Intimate Parts to a Child with 1.5 years initial confinement and 2 years extended supervision; on his conviction for Class G Felony 3rd Degree Sexual Assault Rau received a sentence of 8 years with 3 years initial confinement and 5 years extended supervision; and 9 months confinement in county jail for each conviction of Misdemeanor 4th Degree Sexual Assault.

Online circuit court records further show that in July 2020, the Hon. Stacy Smith in Juneau County Circuit Court accepted Rau’s plea of Guilty to his charge of Felony Bail Jumping. The charge of sexual assault filed against him was dismissed and an additional charge of misdemeanor resisting or obstructing was dismissed but read-in. Judge Smith ordered Rau to serve 2 years of probation consecutive to his Washburn County case.

Regarding Rau’s Washburn County Circuit Court case, online court records show that his defense counsel filed documents with the Wisconsin Court of Appeals. Following the Court of Appeals decision, Rau’s case was returned to Washburn County Circuit Court for further consideration.

Rau appeared most recently in Washburn County Circuit Court on March 4, 2022, for a hearing before the Hon. Kelly McKnight. Judge McKnight heard from Washburn County District Attorney Marcoux and Rau’s defense counsel regarding recommendations for his case. Online court records show that Judge McKnight also heard a statement from the victim in the case.

Judge McKnight spoke to the parties and followed District Attorney Marcoux’s sentencing recommendation, according to online circuit court records. Judge McKnight ordered Rau to serve concurrent sentences on his convictions with a 3 1/2 year sentence on his conviction of Class I Felony Exposing Genitals/Pubic Area/Intimate Parts to a Child; with 1 1/2 years of initial confinement followed by 2 years of probation. On Rau’s conviction of Class G Felony 3rd Degree Sexual Assault, he received a sentence of 5 years, with 2 years of initial confinement followed by 3 years of probation. Judge McKnight also ordered 9 months of county jail for each of Rau’s convictions for Misdemeanor 4th Degree Sexual Assault.

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Rau received credit for 1,083 days already served in confinement on his convictions, and both District Attorney Marcoux and Rau’s defense counsel stipulated to that finding.

The information listed in online court records indicates that Rau has served his confinement periods already and the Department of Corrections will continue to supervise him for the remainder of his court-ordered extended supervision.

Rau is also prohibited from having any contact with the victim in the case and he is required to maintain absolute sobriety and complete a sex offender assessment.

Last Update: Mar 05, 2022 9:21 am CST