A Mitchell High School student was arrested Wednesday, Jan. 30, and charged with fourth-degree rape for the second time in six months.
According to court documents, 18-year-old Gage Schaub had sex with a 15-year-old girl in December and again on Jan. 24, two days after he was convicted of fourth-degree rape in a separate Davison County case.
Schaub reportedly also admitted to exchanging nude photos with the same girl and was additionally charged with misdemeanor sexual exploitation of a minor.
Schaub is charged with two counts of fourth-degree rape and one count of sexual exploitation of a minor. Fourth-degree rape, a Class 3 felony, is defined under South Dakota law as the rape of a victim between 13 and 16 years old by someone at least three years older than the victim. If convicted on all three counts, Schaub could be incarcerated for up to 31 years and ordered to pay up to $62,000 in fines.
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At his sentencing for the prior fourth-degree rape charge, for which he was arrested on Aug. 6, Schaub was granted a suspended imposition of sentence and sentenced to 10 days in jail with credit for four days served and two years probation and ordered to complete counseling. He was also ordered to pay $2,602.37 in prosecution costs, a $750 fine and $106.50 in court costs.
In that case, which originated from incidents involving 15- and 13-year-old victims, Schaub originally pleaded not guilty to the rape charge and a charge of sexual contact with a child under 16, a Class 1 misdemeanor, on Sept. 18. The latter charge was dismissed when he pleaded guilty to fourth-degree rape on Nov. 13.