- Associated Press - Friday, March 2, 2018

BOX ELDER, S.D. (AP) - Two men have been sentenced to prison in the rape of an unconscious woman in Box Elder.

The Rapid City Journal reports that 44-year-old Toby Rolfe was sentenced to serve eight years for raping a female acquaintance at his home in September 2016.

Fifty-year-old Colorado resident Marvin Payne was sentenced to two years for being an accessory by taking photos of Rolfe molesting the woman.

Defense attorney Ellery Grey said Rolfe and the woman were engaging in consensual sex while partying at his house, and the sexual activity continued after the woman passed out from alcohol and drugs.

Prosecutors said Rolfe didn’t express remorse, take responsibility for his actions or show concern for the victim. Judge Robert Mandel agreed.

Rolfe will be eligible for parole after serving six years.


Information from: Rapid City Journal, http://www.rapidcityjournal.com

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