Elster Pleads Guilty To Rape; No Jail Time

Six months after denying charges in the rape and assault of a Harvard undergraduate woman, Joshua M. Elster '00 Wednesday reversed his earlier pleas and accepted an agreement under which he will serve three years probation but no jail time.

Elster pleaded guilty in Middlesex Superior Court to three counts of rape (for three different types of penetration), two counts of assault and battery and one count of indecent assault and battery.

Under the conditions of the sentence issued by Judge Paul A. Chernoff, the former Kirkland House resident is prohibited from further contact with the victim and cannot walk on Harvard property or enter University buildings during the three years.

After that time, Elster could legally return, pending approval by Harvard's Administrative Board. But Elster's lawyer, Kenneth F. D'Arcy '58 said Elster "has realized his education, if he seeks to follow it further, would be at another institution [than Harvard]. This was difficult for him to accept at first."

Elster is probably the first Harvard student to be charged and convicted of rape, according to longtime Harvard administrator and former Dean of the College John B. Fox Jr.'59.

Chernoff said that settling a rape case without a trial "makes a judge uncomfortable" but said he accepted the agreement struck by prosecutors and Elster's attorney.

"Given the facts in the case the sentence is not the appropriate sentence, but it is the appropriate resolution in this case," he added.

Elster, speaking through his attorney, had contended that he and the victim had engaged in consensual sex.

But Assistant District Attorney Thomas F. O'Reilly told The Crimson that the prosecution had enough strong evidence to bring the case to trial, including pictures of a bruise on the victim's cheekbone and numerous scratches on her back and chest, reports by doctors and nurses and statements from witnesses who saw her immediately after the incident.

He added he does not view Elster as a seriousenough threat to the community to require jailtime.

"Do I worry that he could do it again? It'salways in the back of my mind," O'Reilly said."But what good does it do to keep him off thestreet and hurt [the victim by forcing her totestify]?"

The court's probation department must nowevaluate Elster to set his schedule for meetingwith supervisors during the three-year period andto determine whether he needs psychiatric care.

If Elster violates any term of his probation,he could face up to 20 years in prison--themaximum sentence he could have served for rape.

Since the grand jury indictment of Elster onFeb. 19, attorneys on both sides have beenpreparing for trial and had set a trial date ofSept. 9.

But O'Reilly told The Crimson that the victimand her family began about two weeks ago toconsider alternatives to bringing the details ofthe case into the public and to requiring her totestify.

"When you place a young lady...through a trialit becomes a revictimization," said O'Reilly, whomet with the victim about a dozen times.

"She wanted the defendant to admit he did itand leave her alone and stay away from Harvard,"O'Reilly said in court. "This young lady wants toget on with her life and finish her education.That is why the complainant has accepted thisrecommendation."

Chernoff said "if it were not for the strongfeelings [of both parties to prevent the case fromgoing to public trial], this case would go totrial."

According to O'Reilly, often sex offenders likeElster first plead innocent because they cannotadmit their crimes but later decide to professtheir guilt in return for lighter sentences whenthe prospect of jail looms closer.

According to evidence presented in court, thevictim and Elster knew each other for about oneand a half months before the incident occurred.They exchanged e-mail messages and then arrangedto meet in her room on Jan. 29.

Elster and the victim first engaged inconsensual kissing. Then, when the woman rejectedhis further advances, Elster struck her across theface, forced her to disrobe and raped her. He thenleft.

Neither was under the influence of alcohol.

The victim's suitemates found her crying in thebathroom and took her to University HealthServices. The Harvard University Police Departmentremained involved throughout the case.

"She still has nightmares and still has troublesleeping," O'Reilly said. "It has affected herfriendships."

Elster's attorney Kenneth F. D'Arcy '58 saidElster has been living in Boston, supportinghimself by working at a bakery.

Elster will now probably return to his home andfamily in Arizona, D'Arcy said.

If Elster does decide to seek rein-statement tothe College three years from now, his requestwould be considered by the Ad Board, but "therewould have to be good reasons for him to comeback," said Dean of Students Archie C. Epps III.

Dean of the College Harry R. Lewis '68 praisedthe court's decision but said Harvard must stillconsider its next move.

Following the victim's earlier request, TheCrimson did not seek her comment. D'Arcy andElster refused requests for comment by TheCrimson

He added he does not view Elster as a seriousenough threat to the community to require jailtime.

"Do I worry that he could do it again? It'salways in the back of my mind," O'Reilly said."But what good does it do to keep him off thestreet and hurt [the victim by forcing her totestify]?"

The court's probation department must nowevaluate Elster to set his schedule for meetingwith supervisors during the three-year period andto determine whether he needs psychiatric care.

If Elster violates any term of his probation,he could face up to 20 years in prison--themaximum sentence he could have served for rape.

Since the grand jury indictment of Elster onFeb. 19, attorneys on both sides have beenpreparing for trial and had set a trial date ofSept. 9.

But O'Reilly told The Crimson that the victimand her family began about two weeks ago toconsider alternatives to bringing the details ofthe case into the public and to requiring her totestify.

"When you place a young lady...through a trialit becomes a revictimization," said O'Reilly, whomet with the victim about a dozen times.

"She wanted the defendant to admit he did itand leave her alone and stay away from Harvard,"O'Reilly said in court. "This young lady wants toget on with her life and finish her education.That is why the complainant has accepted thisrecommendation."

Chernoff said "if it were not for the strongfeelings [of both parties to prevent the case fromgoing to public trial], this case would go totrial."

According to O'Reilly, often sex offenders likeElster first plead innocent because they cannotadmit their crimes but later decide to professtheir guilt in return for lighter sentences whenthe prospect of jail looms closer.

According to evidence presented in court, thevictim and Elster knew each other for about oneand a half months before the incident occurred.They exchanged e-mail messages and then arrangedto meet in her room on Jan. 29.

Elster and the victim first engaged inconsensual kissing. Then, when the woman rejectedhis further advances, Elster struck her across theface, forced her to disrobe and raped her. He thenleft.

Neither was under the influence of alcohol.

The victim's suitemates found her crying in thebathroom and took her to University HealthServices. The Harvard University Police Departmentremained involved throughout the case.

"She still has nightmares and still has troublesleeping," O'Reilly said. "It has affected herfriendships."

Elster's attorney Kenneth F. D'Arcy '58 saidElster has been living in Boston, supportinghimself by working at a bakery.

Elster will now probably return to his home andfamily in Arizona, D'Arcy said.

If Elster does decide to seek rein-statement tothe College three years from now, his requestwould be considered by the Ad Board, but "therewould have to be good reasons for him to comeback," said Dean of Students Archie C. Epps III.

Dean of the College Harry R. Lewis '68 praisedthe court's decision but said Harvard must stillconsider its next move.

Following the victim's earlier request, TheCrimson did not seek her comment. D'Arcy andElster refused requests for comment by TheCrimson