Kyle Payne

Stating that a major violation of trust had occurred, District Court Judge Don Courtney sentenced Iowa blogger and self-proclaimed male feminist Kyle Payne to serve time in the Buena Vista County Jail for invasion of privacy.

Payne received 360 days, with 180 days suspended on each of two counts of invasion of privacy, a serious misdemeanor charge. Because the two sentences are expected to run concurrent, he will most likely serve six months in the county facility. He was also given one year of probation on each count. On the charge of 2nd degree attempted burglary, a felony, Payne received an indeterminate term of prison not to exceed five years, with incarceration suspended. He will placed on probation for three years.

Under a new portion of Iowa law that involves sexually-related crimes, Payne was given a 10 year period of parole. That sentence begins at the end of his regular term of probation. Because of the nature of his crime, he will not be required to register as a sex offender in the state of Iowa.

Payne was arrested in February and pleaded guilty in June to two counts of invasion of privacy, a serious misdemeanor, and one count of 2nd degree attempted burglary, a felony. The charges stemmed from an incident in 2007 when Payne was a dormitory resident at Buena Vista University and, during the course of his duties, secretly photographed a young woman’s breasts.

“This is the type of thing that happens, but not to you,” said the victim as she read from a prepared impact statement in court today. “… You might be given jail time, but for me this is like a life sentence.”

She added that since she was unconscious, Payne is the only person who truly knows what happened that night and left the implication hanging that there might have been more to the event than him partially undressing her, touching her inappropriately and shooting photographs and video.

The victim’s mother, who also provided an impact statement in court, said that the incident had “crushed the spirit of her daughter” and has fractured her ability to trust others.

“You are a sick young man,” the mother said. “I think you’ve done this before and will do it again. Our family does not accept your apology. We do not care about your self-inflicted suffering. You reap what you sow.”

Quoting repeatedly from Payne’s most recent blog post and pointing to what he described as a “narcistic” tendancies, Buena Vista County Attorney Dave Patton requested the court sentence Payne to
prison.

“[His blog post] indicates that he believes this is not all about the victim,” Patton said. “He believes it is all about him.”

F. Montgomery Brown, who served as Payne’s attorney, argued for a deferment while documenting how “the blogosphere lit into” Payne.

“Why was this kid so sensational?” Brown asked the court. “Because he made a spectacle of himself, in part. … But being a hypocrite is not a sentencing factor.”

Several feminist bloggers have written about the case because Payne had been so public with not only his feminist leanings, but his advocacy on behalf of victims of rape and sexual assault.

“He can’t be penalized for exercising his Constitutional rights,” Brown said of the blog post. “Frankly, I’m asking the court to be creative.”

Payne spoke briefly in his own defense, apologizing to the victim and her family and promising “to make changes in my life so it doesn’t happen again.” He then sobbed openly.

Judge Courtney, acknowledging his sentence as a compromise that would please no one, said he opted for county jail time instead of a prison term because of the both Payne’s age and the fact that he had no prior criminal record. One of the conditions of his probation will be to follow the directions of the correctional team, including continued therapy and counseling.

Payne was given one week to place his affairs in order before he will relinquish himself to the Buena Vista County Jail.

Kyle Payne

A motion by the attorney of a 22-year-old Iowa blogger and self-proclaimed male feminist to postpone sentencing has been partially approved by Iowa District Judge Don E. Courtney.

Courtney ruled yesterday that the sentencing of Ida Grove native Kyle Payne, charged with secretly photographing and filming the breast of a college student, could be postponed to Aug. 25. Montgomery Brown, Payne’s attorney, had argued for the sentencing to be scheduled in October to allow his client time to continue counseling and gather letters of support.

Payne pleaded guilty in late July to felony attempted burglary and two counts of invasion of privacy. The charges stemmed from a January 2007 incident that occurred while he was employed as a dormitory resident adviser at Buena Vista University. He faces a maximum of five years in prison and a fine up to $7,500.

On Aug. 2, Payne wrote on his blog that he is undergoing therapy for “various mental health issues” and that he is a victim of childhood sexual assault.

Kyle Payne, who is awaiting criminal sentencing in connection with the January 2007 incident, says that he wrote today’s post as an example that he has the courage to “own” what he has done and to open himself up to criticism.

While I still wholeheartedly identify with feminism – and in fact, started a personal blog as an attempt to become more in touch with feminist principles – there is no question that my actions have grossly contradicted these principles. Furthermore, by failing to address these contradictions openly, while presenting myself as any sort of ally to women, I have not been completely honest. There was no malicious intent to withholding this explanation – for legal and psychological reasons, I was not prepared to address them. As part of my attempts to make amends, however, I will not post any new material on my blog until such time that I have been welcomed back into a community of feminists.

Kyle Payne

According to Payne, he is currently undergoing therapy for “various mental health issues.” He claims to be a victim of childhood sexual abuse and that his work with survivors of sexual violence triggered flashbacks, panic attacks, insomnia, depression and anxiety.

On June 30, Payne signed a plea agreement with the state, agreeing that he was guilty of felony attempted burglary in the second degree and two counts of invasion of privacy. Sentencing was originally set for Aug. 11, but his attorney, citing a need for Payne to continue therapy and time to gather more letters of support, has requested a continuance.

At the time of the incident, Payne was employed by Buena Vista University as a dormitory resident adviser. Police reports indicate that while attending to an intoxicated and unconscious female student, Payne reportedly assaulted and photographed her. The guilty plea he entered with the court did not include assault charges. Tips received by police and campus security following the incident led to a 10-month investigation that resulted in Payne’s arrest in February.

Kyle Payne

Kyle D. Payne, a 22-year-old Iowa blogger and self-proclaimed male feminist, would like more time to undergo counseling and gather letters of support before appearing in court, according to a motion filed by his attorney in Buena Vista County this morning.

Payne, who pleaded guilty to secretly photographing and filming a college student’s breasts, was scheduled for sentencing on Aug. 11. His attorney, F. Montgomery Brown, cites conflicts within his own schedule as well as Payne’s need for more time to prepare as reasons the court should grant the motion to continue.

Defendant is in the process of continued counseling, the results of which will be presented at sentencing in this matter and may bear upon the Court’s determination of the appropriate sentences in the above-entitled matter.

Counsel for Defendant is in the continued process of acquiring letters of support to support to the Court (sic) at sentencing and reasonably believes that additional time is need (sic) to acquire additional letters.

According to the motion, Payne is currently employed and continuing post-graduate studies. Because of this, Brown argues, Payne is “neither a risk to flee or danger to the community.” Brown closes by requesting the sentencing date be moved to October. The prosecution is expected to resist an extended continuance of the hearing.

Payne presented his guilty plea to the charges of felony attempted burglary in the second degree and two counts of invasion of privacy, a serious misdemeanor, on June 30. He faces a maximum of five years in prison and a fine up to $7,500. As a condition of the plea deal, the state has agreed that no other charges will be filed as a result of this incident.

The incident that led to Payne’s arrest and subsequent plea agreement happened while Payne was employed as a dormitory resident adviser at Buena Vista University. Police reports indicate that while attending to an intoxicated and unconscious female student, Payne reportedly assaulted and photographed her. The guilty plea entered by Payne did not include assault charges. Tips received by police and campus security following the incident led to a 10-month investigation that resulted in the February arrest.

The case has sparked the ire of many feminist bloggers throughout the nation, primarily due to the fact that Payne has claimed to use activism and education to promote “a more just and life-affirming culture of sexuality” for women, especially those women who have been victims of sexual violence.

Kyle D. Payne, 22 of Ida Grove, presented his guilty plea Monday in Iowa District Court for Buena Vista County. He agreed he was guilty of felony attempted burglary in the second degree and two counts of invasion of privacy, a serious misdemeanor.

In documents filed with the court, Payne agrees that “with an intent to arouse my sexual desire, I photographed and filmed Jane Doe and her breast without her consent.” A portion of the plea agreement stating that Payne was of sound mind when the incident took place in early 2007 was stricken from the document, leaving only the portion where Payne agrees that he is currently of sound mind.

At the time of the incident, Payne had been employed by Buena Vista University as a dormitory resident adviser. Police reports indicate that while attending to an intoxicated and unconscious female student, Payne reportedly assaulted and photographed her. The guilty plea entered Monday did not include assault charges. Tips received by police and campus security following the incident led to a 10-month investigation that resulted in Payne’s arrest in February.

Payne has been posting to a personal blog, The Road Less Traveled, since November 2007 and has made violence — especially sexual violence against women — a focus of his writings there. In the “meet the blogger” section he writes:

Kyle is a social justice educator, writer, and activist. Much of his work is concerned with putting a stop to violence against women. For years Kyle has served as an advocate for survivors of sexual violence and other forms of abuse, in addition to promoting what he calls ‘a more just and life-affirming culture of sexuality’ through activism and education. As a researcher, Kyle has studied the feminist anti-pornography movement and is particularly interested in men’s roles in confronting pornography and the rape culture. In addition to his pro-feminist work, he is involved with anti-racist, free speech, peace, and anti-globalization movements.

The page goes on to list his educational degrees, awards and years of involvement in various groups.

Payne, who identified with radical feminists like Andrea Dworkin, attended a training for feminist anti-pornography activists in January at the University of Texas in Austin. An article in the Ida County Courier stated that Payne had “written papers and given several public presentations on feminist critiques of pornography, prostitution, and the ‘rape culture,’ in addition to serving as an advocate for survivors of sexual violence.” According to a resume previously posted on his blog, he has attended many such conferences since 2004.

Payne faces a maximum of five years in prison and a fine of up to $7,500. As a condition of the plea deal, the state has agreed that no other charges will be filed as a result of this incident. Sentencing has been set for Aug. 11.

Kyle Payne, 22, of Ida Grove, was arrested Feb. 13 and charged with second-degree burglary, invasion of privacy and simple assault. The charges stem from a January 2007 incident on the campus of Buena Vista University. Payne was employed at that time as a dormitory resident adviser at the university and, while serving in that capacity, according to police reports, he allegedly physically assaulted an intoxicated and unconscious female student. He allegedly videotaped the assault and, following a tip to campus security, the files were found on his confiscated computer.

Search warrants for Payne’s RA quarters and vehicle were issued by the Storm Lake Police in April, and a computer and camera were seized. Police reports indicate that files implicating Payne in the assault were found on the hard drive. The electronics were submitted to the Iowa Division of Criminal Investigation forensic crime laboratory for further analysis.

The following month, law enforcement issued a search warrant for Payne’s Ida Grove residence. Additional items, including another computer, were taken as a result of the warrant and sent to the state crime lab.

Mark Prosser, public safety director and police chief for the City of Storm Lake, declined to offer further information regarding the evidence obtained from the computers, indicating such information would be presented at trial. Law enforcement officials report that the investigation is ongoing.

After his arrest, Payne posted the court-imposed $11,300 bond on Feb. 14 and was released.

Payne has been posting to a personal blog, The Road Less Traveled, since November 2007 and has made violence — especially sexual violence against women — a focus of his writings there. In his introductory post dated Nov. 15, 2007 he wrote:

“I am a dedicated activist working against racism and sexism, war, poverty, environmental degradation, imperialism, as well as sexual violence and other forms of abuse. I am perhaps most active applying radical feminist critiques to pornography and prostitution, as well as other systems that eroticize the subordination of women. … I see it as a primary goal in life to promote peace, compassion and mindfulness.”

Payne goes on to document his degree from Buena Vista University, numerous honors and awards he received while at the school and his current goal of obtaining a master’s degree in adult education through Capella University, a Minneapolis-based accredited online university.

In the latest post to his blog, dated Feb. 15, Payne urges readers to be compassionate toward both him and his family.

“For a variety of reasons, there is very little I can say about the recent news. So, unfortunately, I cannot give you the answers that you might seek. Worse yet, I can do little in the way of defending myself against a whole host of claims about my character that are both irrational and damaging. What I can tell you is that this may be a situation that demands a great deal of patience and a departure from our expectation that everything in life will make perfect sense. In fact, it may demand that people give me some room to breathe as I try to make sense of the situation myself.”

Payne, who identified with radical feminists like Andrea Dworkin, attended a training for feminist anti-pornography activists in January at the University of Texas in Austin. An article in the Ida County Courier stated that Payne had “written papers and given several public presentations on feminist critiques of pornography, prostitution, and the ‘rape culture,’ in addition to serving as an advocate for survivors of sexual violence.” According to the resume posted on his blog, he has attended many such conferences since 2004.

Cathy Grothe, director of communications for Buena Vista University, said that anytime such an incident occurs on a college campus, it is appropriate to review policies and procedures.

“As soon as the information came to our attention, we acted swiftly by contacting local authorities,” she said. “As with any other legal matter, it is in the hands of authorities and we have a responsibility to assist them in their investigation.”