LOGAN — A judge has sent a former Utah State University student and fraternity member, Scott R. Simmons, to jail for sexually assaulting a student on Old Main Hill. The now 22-year-old Arizona resident looked back at his family, as bailiffs led him out of the courtroom to begin serving his six-month sentence.
Simmons appeared in 1st District Court Monday afternoon. He previously pleaded guilty to an amended charge of forcible sexual abuse, a second-degree felony.
Simmons refused to make a statement during the sentencing. His defense attorney, Clayton Simms, asked the court for a shorter sentence. He said his client admitted to what he did and was not considered to be a risk to the public.
The victim, Allison Berg, who previously asked to be identified, described meeting Simmons during a party that was being thrown by the Sigma Phi Epsilon fraternity in September 2015. Later that night, the two walked to the amphitheater, on Old Main Hill where he began taking her clothes off, and sexually assaulting her.
Berg read a statement, “The next thing I remember after that, my clothes were scattered across the hill and my naked body was spread apart on the wet grass…I remember feeling gross and violated but being both physically too drunk and too scared to say anything.”
Berg described how Simmons ignored her telling him to stop repeatedly, until she told him, she didn’t want to get pregnant.
Officers spoke to Simmons while investigating the assault. After first denying the allegations, he later admitted to it, blaming his actions on being a “horny freshman” and the victim being intoxicated. He later wrote an apology letter that said in part, “What happened was my fault, you were intoxicated and could not consent. I took advantage of you when I should not have.”
Judge Kevin Allen Judge angrily told Simmons if it hadn’t been for the victim agreeing to a plea deal, he would have sent him to prison. He said, “You can’t engage in sexual behavior without a woman’s consent. It is called rape and it is never okay.”
Allen sentenced Simmons to serve 180-days in jail, and refused to grant him work release. He also ordered him to complete 100-hours of community service, suggesting that he use the hours to educate others about the impacts of sexual assault.