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Survivor: Law Seems To Benefit The Rapist Instead Of The Victim

By Kelly Werthmann

(CBS4) - A convicted rapist is freed from jail early and the woman he attacked is now calling for a change in Colorado's laws.

"He got a slap on the wrist and now he's out to perpetrate again," Kendra Heuer, a University of Colorado student and rape survivor, said.

Heuer told CBS4's Kelly Werthmann she is at a loss for words to describe how frustrated she is that Austin Wilkerson, the man who raped her in 2014, was released early.

Austin Wilkerson
Austin Wilkerson (credit: Boulder County)

"I just think it's ridiculous," she said. "Do I get an early release from my life sentence? I have to suffer every day because of this."

Last August, Wilkerson was sentenced to 20 years of probation and two years of work release so he could attend work or class. Due to "good behavior," Wilkerson was released a year early.

"Mr. Wilkerson was not a management issue to any degree and subsequently he received 363 days of good time toward his sentence," Cmdr. Mike Wagner with the Boulder County Sheriff's Office explained.

Colorado law mandates that any person sentenced to the county jail and allowed work release "shall receive one day credit against their sentence for each day spent in such programs." Heuer said the law seems to benefit the rapist instead of the victim.

"He's out in the community, able to hurt people in the community again and I feel powerless," Heuer said of Wilkerson.

Heuer first spoke to CBS4 in 2016 in an act of empowerment to be a voice for other rape survivors. One year later she continues her mission to empower others, but is also calling for change in the judicial system and harsher punishments for convicted felons.

"Why should we have rape sympathizer judges in there who care more about rapists or a felony criminal than the community?" Heuer questioned.

Following Wilkerson's sentencing, thousands of people signed an online petition calling for District Judge Patrick Butler's resignation. Heuer still believes he is an unfit judge, but the defiant student said she won't let him or her attacker determine her future.

"I'm taking my life back. I'm going to keep pursuing my degree. I'm not going to let him get the best of me," she said.

Kelly Werthmann joined the CBS4 team as the morning reporter in 2012. She now anchors CBS4 Weekend Morning News and covers a variety of stories around the state. Connect with Kelly on Facebook or follow her on Twitter @KellyCBS4.

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