May 10, 2010 6:26 pm US/Central
Man With Disorder Sent To Prison For Sex Assault
Kevin Teichen, 29, Suffers From Fetal Alcohol Spectrum Disorder
CHICAGO (CBS) ―
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Kevin Teichen, 29, was sent to prison for sexually assaulting a 16-year-old girl. He suffers from Fetal Alcohol Spectrum Disorder.
CBS
A 29-year old man accused of sexually assaulting a 16-year-old girl is heading to prison. But his defense attorney says his client has a disorder and shouldn't be behind bars. CBS 2's Mike Puccinelli explains how fetal alcohol syndrome may have led to the crime.
"It was a terrible day," said Walt Teichen.
Terrible because when Walt and Kathy Teichen walked out of the DuPage County Courthouse earlier today, they did it knowing their son would soon be walking into prison.
"He's not a sexual predator. The reports, and we have two different ones, say he's not a sexual predator," said Teichen.
Despite the reports, on Monday Kevin Teichen pleaded guilty, but mentally ill, to aggravated criminal sexual abuse.
The crime occurred more than 16 months ago when Teichen had sex with a 16-year-old girl. The encounter was the girl's idea, according to court records.
"He definitely committed a crime, and he should be punished for the crime. But the question is, what's the correct punishment for the crime? This is not it," said Teichen.
Mr. Teichen says locking his adopted son up will only make him worse. That's because his son has Fetal Alcohol Spectrum Disorder.
"Individuals with fetal alcohol tend to mimic their peers. If he has to take sexual offender classes, he's gonna learn how to become a sexual offender," said Teichen.
And he says, although his son looks normal, Kevin is severely brain damaged. His dad admits he committed an adult crime,
"But he functions like a person who's much younger than that. He functions like an 8-year-old," said Teichen.
Kevin's defense attorney spent more than 20 years as a prosecutor. He's aware of recent studies that show that six out of 10 people with Fetal Alcohol Spectrum Disorder end up having trouble with the law. But he says the disorder is widely misunderstood.
"Hopefully cases like this will bring to the forefront that there's this thing called fetal alcohol out there that should be addressed as an issue that causes people to end up in the criminal justice system," said Defense Attorney Jeffrey Kendall.
Kevin Teichen has been locked up in DuPage County jail for 16 months. With credit for time served, he could be out in eight months.
DuPage County State's Attorney Joe Birkett could have pushed to have him locked up for up to 14 years. But he said considering Teichen's background and disability, the five-year sentence is fair. He also said it's unfortunate that there are no other sentencing options available.
Later this month, Birkett will hold a seminar on the legal ramifications of fetal alcohol.
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