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Published January 22 2009

ND man who took vulnerable Fargo woman to SD pleads guilty to sex charge rather than stand trial again

SIOUX FALLS, S.D. (AP) - Instead of standing trial again, a 43-year-old North Dakota man pleaded guilty in Sioux Falls to having sex with a developmentally disabled woman, and in doing so avoided more prison time.

David Sukup of Jamestown, N.D., pleaded guilty Wednesday to one count of sexual contact with a person incapable of consenting.

He received a suspended prison sentence and credit for more than four years already served in prison for a 2004 conviction on second-degree rape charges after he moved to Sioux Falls with the woman, who was 21 at the time.

A judge overturned Sukup's conviction last year after concluding he had an ineffective lawyer.

Instead of a retrial, prosecutors offered a plea agreement because the woman gave inconsistent versions of what happened.

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