A man accused of raping a teenage girl at a Bismarck party where she and other girls were given alcohol and cocaine was sentenced Monday to five years in prison.
Malik Johnson, 24, whom court documents list as being from Bismarck and White Shield, pleaded guilty in July to sexual assault.
The girl reported to authorities that Johnson picked her up and told her to tell others at the August 2019 party that she was 18, according to a police affidavit. She at times blacked out because she was intoxicated but told police she recalled having sex with Johnson. One of the other teens at the party told police the girl had sex with all four men at the party but Johnson was the first, according to the affidavit. Johnson at that time denied the allegations to police.
South Central District Judge Bruce Romanick after Johnson’s guilty plea ordered a presentence investigation.
Johnson was the instigator of the events that took place that night, Burleigh County State’s Attorney Julie Lawyer said. When he was asked during the presentence investigation who was affected by his actions, Johnson listed his football team and grandmother, Lawyer said. It wasn't clear to what football team he was referring.
“Throughout this entire PSI there is absolutely no empathy towards the victim whatsoever,” Lawyer said.
Johnson did not orchestrate the events of that evening with bad intentions, defense attorney Scott Rose said. His case differed from that of another man who was charged in the case in that “Johnson is here, he’s taking responsibility for his actions,” Rose said.
The other man charged in the incident, Kendrick Brown, 31, pleaded guilty in March. He told Judge Pamela Nesvig that he made “a horrible mistake” by not verifying the girl’s age. Nesvig sentenced him to eight years in prison.
Johnson told Romanick he thought the girl was older because he met her at another party where 19 was the minimum age for admittance.
“I did not intend for any of this to happen to the young lady,” Johnson said.
Romanick sentenced Johnson to 15 years with all but five suspended. Johnson must also spend five years on probation and will be required to register as a sex offender.
Reach Travis Svihovec at 701-250-8260 or Travis.Svihovec@bismarcktribune.com
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