3 teens charged with sexually assaulting classmate at St. Viator High School graduation party

CBS News Chicago

Three teens have been charged with sexually assaulting a classmate this past summer at a graduation party for St. Viator High School students.

DuPage County prosecutors said 18-year-old Kevin Niemiec, of Prospect Heights, is charged with three counts of criminal sexual assault; 18-year-old Zachary Mascolo, of Arlington Heights, is charged with two counts of criminal sexual assault; and 18-year-old Jon Clary II, of Bartlett, has been charged with three counts of criminal sexual assault.

Prosecutors said, on June 15, Roselle police responded to reports of a sexual assault at a St. Viator High School graduation party the night before. An investigation determined Niemiec, Mascolo, and Clary were in a minivan with a female classmate and each of them sexually assaulted her inside the vehicle.

Afterward, the victim went to a friend's home, and called her sister, who told their parents. The victim's parents then took her to a hospital for medical attention and notified police.

"The allegations levied against these defendants are extremely serious," DuPage County State's Attorney Robert Berlin said in a statement. "A graduation party is a celebration of accomplishments and the excitement of a bright future. It is alleged that Mr. Clary, Mr. Mascolo and Mr. Niemiec violated the victim in the worst possible way and inflicted a lasting harm on a young woman. It is my sincerest hope that the victim and her family receive the care they require and deserve to help them cope with this horrific event."

A judge issued a warrant for the three young men's arrest on Dec. 17.

Mascolo was arrested while driving hear his home on Sunday. Clary and Niemiec turned themselves in at the DuPage County Jail on Monday.

A judge ordered Niemiec held in jail while he awaits trial, but Clary and Mascolo were released from custody after they made their first court appearances this week. As part of the terms of their release, Clary and Mascolo may not possess or consume alcohol, and are prohibited from having any contact with the victim or her family.

Niemiec is due back in court on Jan. 12. Mascolo and Clary are due back in court on Jan. 27.

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