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Convicted Rapist Gets Out Early For Good Behavior

By Karen Morfitt

(CBS4) - A former University of Colorado student who was convicted on rape charges and sentenced to two years of work release is now out of jail.

Austin Wilkerson, who was sentenced last August, was released one year earlier than expected.

Kendra Heuer spoke with CBS4 in 2016 shortly after learning her assailant would spend little time behind bars.

"Disappointing but not surprising. I just wanted justice," Heuer said.

Wilkersonn was found guilty of felony sexual assault, a charge that carries a presumptive 4 to 12 year prison sentence

On August 10, 2016, a Boulder judge instead gave Wilkerson 20 years of probation and two years of work release, a decision that was met with outrage and led to calls for his resignation.

Cmdr. Mike Wagner with the Boulder County Sheriff's office confirmed wilkerson's release, which was due to good behavior.

"Mr. Wilkerson was not a management issue to any degree and subsequently he received 363 days of good time toward his sentence," he said.

RELATED: CBS4 Investigation Finds Controversial Rape Sentence Not Unusual

Colorado law mandates that any person sentenced to the county jail and allowed work release "shall receive one day credit against their sentence for each day spent in such programs."

"This is not anything that we had discretion over. The state statute is very clear," Wagner said.

While Wilkerson will continue to register as a sex offender, he is free. That's something Heuer says she'll never have.

"I have the maximum sentence, a life sentence of having to suffer everyday because of this," she said.

In a statement to CBS4, the Boulder district attorney reacted to the release of Wilkerson saying:

"We have a problem in Colorado with both local jail sentences and prison time in what I like to call 'truth in sentencing.' The actual time a defendant serves is usually different from what the layperson thinks. I think we need to do a better job so that victims and the general public understand how much time someone will be in custody when a sentence is imposed."

Karen Morfitt joined the CBS4 team as a reporter in 2013. She covers a variety of stories in and around the Denver metro area. Connect with her on Facebook, follow her on Twitter @karenmorfitt or email her tips.

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