Altoona man can avoid sexual assault conviction for incident with co-worker

Dan Holtz, The Leader-Telegram, Eau Claire, Wis.
·2 min read
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May 17—EAU CLAIRE — An Altoona man who police say sexually assaulted a female co-worker after they both had been drinking alcohol at Water Street taverns has the opportunity to avoid a sexual assault conviction.

Jack W. Nicolai, 21, 2242 James Ave., pleaded guilty Monday in Eau Claire County Court to an amended misdemeanor count of fourth-degree sexual assault.

As part of a one-year deferred agreement with prosecutors, Nicolai will ultimately be convicted of a misdemeanor count of disorderly conduct if he pays a $300 fine, commits no new crimes, pays $608 in restitution, has no contact with the woman and maintains absolute sobriety.

Nicolai's criminal record will be expunged if he successfully completes the deferred agreement.

According to the criminal complaint:

Police were called Aug. 28 to a report of a sexual assault at a Lake Street residence.

A woman said her roommate, who was intoxicated and sitting on the couch, was the victim. The roommate was wearing a wet shirt and a towel around her waist. The roommate was taken by ambulance to a local hospital.

While at the hospital, the roommate said she had been out drinking the previous evening with friends on Water Street. Toward the end of the night, she said she saw Nicolai, who she knew from work.

The roommate said she and Nicolai ended up walking to her apartment.

Once there, she said she decided to take a shower. Nicolai said he also wanted to take a shower. The roommate told him he could use the other bathroom.

Nicolai went to the bathroom where the roommate was and started to fill the bathtub. The woman left her shirt and underwear on, because Nicolai was in the bathroom, and got in the shower.

Nicolai got into the shower with her and engaged in sexual contact with her. The roommate said she told Nicolai to stop at least eight times. He eventually stopped.

The roommate told police she didn't realize until the next day that she had taken a video recording of the incident.

The roommate said she asked Nicolai why he did this. His response was that he didn't know and that he thought she was "into it."

The roommate told Nicolai the incident should not have happened and told him to get out of her apartment.

During an interview with police, Nicolai said he remembered being out with the roommate on Aug. 28, but didn't remember much of what happened that evening.