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Libby man arrested for sex assault

by Bob Henline The Western News
| January 28, 2015 8:38 AM

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Jacob Laurence Nicholson, 21, was arrested on Jan. 22 and charged with felony sexual assault on a minor. The specific charge is sexual assault on a victim less than 16 years old, with the offender three or more years older than the victim.

The victim in the case is a 12-year-old girl whose identity is being withheld. It is The Western News’ policy to avoid publishing the names of victims of sexual assault.

The charging documents allege that Nicholson, also known as Kelso, was invited to a hot tub at a local hotel by the victim’s 15-year-old friend. Nicholson and the victim were together in the hot tub while the victim’s friend and the friend’s younger brother played in the pool with the four-year-old son of Nicholson’s fiancé.

According to the case report, Nicholson and the victim began kissing while alone in the hot tub. Later Nicholson began to touch the girl inappropriately. The victim’s statement said she pushed Nicholson’s hand away. Nicholson’s statement said he pulled away after the victim “tensed up.”

In an interview on Aug. 26, Nicholson informed the investigating officer, Detective Duane Rhodes, that he believed the victim to be 17 years old, based upon what she told him.

However, the 15-year-old friend reported to law enforcement that she had told Nicholson the victim was 13 years old.

After the incident in the hot tub, Nicholson allegedly sent text messages to the victim asking her to send him explicit photographs of herself, according to the charging documents.

The text messages between the Nicholson and the victim also refer to the incident in the hot tub. Nicholson did not deny any of the information from the text messages, according to the charging documents.

Nicholson, who has no previously reported run-ins with the law, is being held in the Lincoln County jail on $50,000 bond.

If convicted of the charges, Nicholson could be sentenced to a fine of not more than $50,000 and imprisonment for a term of not less than four years and not more than 100 years.

A preliminary hearing in the case has been scheduled for 9 a.m. on Feb. 6.