By SYDNEY KENT
Brian Randy Vanauken, 41, Fort Wayne, was sentenced to 69 years in prison in the Wells Circuit Court Wednesday morning.
A jury found Vanauken guilty earlier this month on three counts of child molesting, all Level 1 felonies, one count of promotion of sexual trafficking, a Level 3 felony, one count of sexual misconduct with a minor, a Level 4 felony, six counts of child solicitation, all Level 4 felonies, and five counts of child solicitation, all Level 5 felonies.
A traffic stop in July 2021 in which the victim was driving Vanauken prompted the investigation. Officers then discovered Vanauken’s crimes began seven months prior when he met a 13-year-old child on a dating app called Grindr.
“This was a 7-month-long relationship where the defendant would solicit, via text message, sexual relations with the victim,” Deputy Prosecuting Attorney Timothy Sipe began his opening statement. “Not only would he solicit sexual relations, they would actually meet up, and these sexual relations were performed on at least four separate occasions. The defendant traveled from Fort Wayne to Bluffton, Indiana to conduct these sexual relations. The State would like to ask the court to take into consideration that he was willing to travel to such great lengths.”
Sipe then referenced Vanauken’s prior charges regarding possession of marijuana and the connection with this case. Vanauken traded the victim marijuana for sexual relations both with Vanauken and other men. On one occasion, Vanauken asked the juvenile to travel with him to Roanoke, and on another occasion, asked the juvenile to travel to a hotel for sex.
“The victim came in and testified,” Sipe continued. “He is now 16 years old, and this is something he has to live with for the rest of his life. There is no telling the effect this may have on a young man that is growing. He had to be put through a trial where he had to testify, he had seven months of his life where his sexual activity and relations with an older male were presented to a jury and made part of a court’s record. There is no telling what kind of impact that might have on him. Hopefully, the State prays, that the impact on him will be minimized. The State does not have much confidence that it will. The State does not hold against Mr. Vanauken that he had a trial — that is his right. The concern is that still, to this day, Vanauken has not admitted any wrongdoing.”
The mother of the victim nodded her head as Sipes spoke.
Emily Kutsenok, Vanauken’s lawyer, then argued her defense.
“I recognize the victim was 13-years-old at the time that this relationship began; however, I ask the court to disregard any impact that it might consider having upon the victim, in this case, coming to trial and having his sexual exploits broadcasted to a jury,” Kutsenok said. “As a 13-year-old in the state of Indiana, there should not have been any sexual exploits by that individual. This is not a situation that any sexual activity should have been occurring by that minor, so I would ask that the argument be disregarded by the court.”
“It’s clear that Vanauken recognized that the relationship was becoming sort of a bartering situation as was indicated by the state,” Kutsenok continued. “The text messages state, ‘I don’t want you to have to perform sexual acts for things. It didn’t start like that, at least I didn’t think it did. You were performing sexual acts because you wanted to.’ I believe that directly contradicts the State’s comments that it was Mr. Vanauken’s intention to create a bartering type of relationship.”
She also stated Vanauken struggled with the death of his mother shortly before the crimes in this case began.
Sipe rebutted: “Miss Kutsenok made reference to the text message between Mr. Vanauken and the victim where he was basically acknowledging the relationship had turned into a trade-off situation. Whether he liked it or not, in reality, that is what happened. He was willing to step into that and be okay to do that.”
Sipes noted that while he feels sympathy for the Vanauken family in the passing of his mother, the State does not believe his response to the death is appropriate or normal. He also acknowledged the defense’s argument that Vanauken’s intentions were not initially predatory.
“The victim’s Grindr account did have him listed as 19 years old,” Sipe said. “However, about a week or so after this relationship had started, it became readily apparent to the defendant that the victim was much younger than he initially said he was. He was aware he was having sexual relations with a minor, and for the rest of this relationship, he simply did not care. Whether this was initially predatory in nature, it turned into that. He simply did not care because the victim was giving him exactly what he was wanting. The State will ask the court to disregard that as a factor.”
Judge Kenton Kiracofe offered Vanauken the opportunity to make a statement to the court. Vanauken declined. Kiracofe then called for a short recess to deliberate before issuing his sentence.
“The court has considered that the defendant found the child on an adult website,” Kiracofe began. This is not a situation where Mr. Vanauken found the child in a school or park — he found him on an adult website. The court does have to give that some consideration. With that said, there are a number of things that happened after this that minimize that. First of all, very early over text messages, Mr. Vanauken had reason to believe the child had lied about his age. In fact, he questions him about it at one point.”
Kiracofe referenced screenshots of Vanauken’s account of “very, very young men” that he pursued through the website. Kiracofe referenced a statement Vanauken made during the trial in which he told the court he has a “type” and is attracted to young, adolescent and effeminate boys.
“Not to excuse any misconduct before this, but when Mr. Vanauken met the victim in person, he should have known,” Kiracofe said. “The court saw the victim in this case — two years after the fact — and he still looked like a very young person.”
“This is a molest that occurred over a seven-month span,” Kiracofe continued. “Certainly there were times when Mr. Vanauken could have ended the relationship. As the State pointed out, for him to facilitate this crime, it required him to travel. There is a reference to him trading drugs for sexual favors, and that was a component of the relationship between the two. The court also notes that the defendant has not admitted to any wrongdoing. He was adamant during the trial that he was convinced the child was 17 years of age. The court finds that to be disingenuous.”
“I think you well knew the child was underage,” Kiracofe said to Vanauken. “I don’t see that he would benefit from probation in this matter and I think to suspend a portion of the sentence would minimize the seriousness of this offense.”
Some of Vanauken’s charges will be served consecutively and others concurrently. Vanauken told the court that he plans to appeal the ruling and sentencing.
sydney@news-banner.com
