Jason Pohl

jasonpohl@coloradoan.com

GREELEY – The woman who fabricated an elaborate hoax about being kidnapped and raped at knifepoint by a Windsor national guardsman fought back tears Friday as she exchanged her jewelry for handcuffs in a Weld County courtroom.

Katherine Bennett, 21, was sentenced to 32 days in the Weld County Jail, 180 days of electronic home monitoring and five years of supervised probation during a hearing that included an emotional statement by the man whose life her false allegations decimated.

Bennett's parents also told the judge that their daughter is unexpectedly pregnant with her fiance.

The Fort Collins woman told police in November that Dustin Toth, then 25, had kidnapped her from the Windsor Safeway parking lot, and drugged and raped her at knifepoint at his nearby home before she was able to run from the house.

Toth was arrested, but the case against him was quickly dropped when police discovered Bennett had fabricated the entire story.

As a result of the false report, Toth said he lost his job at OtterBox and was barred from deploying with his Army National Guard team to Cuba. He has since struggled to find work, been denied on multiple apartment applications and has become prone to anxiety attacks, he told the judge Friday.

"Her actions have made it all the more difficult for real abuse victims to come forward," he said, trembling. "This is unacceptable. No woman should have to live in fear of wrongful judgment because others have abused the system."

"I beg that you do not allow this woman to shame the name of women," he added.

Bennett's arrest affidavit highlights several instances in which she changed her story and made claims that police later found to be untrue. Fort Collins authorities arrested her Dec. 10 on a warrant out of Windsor.

She remained out of jail on bond and was staying with family in Illinois for most of the year.

A jury in August found Bennett guilty of lying to police and two counts of tampering with physical evidence — all felonies.

Bennett's mother and father on Friday pleaded the judge to impose a light sentence so their daughter could continue to see an Illinois psychiatrist for treatment of several mental health conditions including depression, obsessive-compulsive disorder and post-traumatic stress disorder.

Bennett did not speak during Friday's hearing.

Her parents and private attorney said that, although her condition and complications from medication were not an excuse for the false report, they were contributing factors. They pleaded to the judge to consider her lack of prior criminal history and the decisions that "were not fully informed" as part of a broader picture — one made more complicated by the revelation that she is unexpectedly pregnant with her fiance.

Weld County District Court Judge Timothy Kerns, however, considered the "extremely unique situation" worthy of a "strong but appropriate" sentence that included jail time. Bennett faced prison time, but Kerns said the department of corrections would not adequately address her numerous mental health concerns.

"You have been a true victim," Kerns said to Toth, sympathizing with the setbacks and lack of follow-up media coverage since his name has been cleared.

"You are unequivocally a very good person," he added.

Though Toth has been able to find work with a security company and is now living in Fort Collins, irreparable harm has been done to him both psychologically and professionally, he said outside the courtroom, adding that he did not think the sentence went far enough.

Bennett's family declined to comment outside the courtroom.

An additional court hearing has been scheduled for Nov. 24 to address probation and in-home monitoring conditions including whether Bennett will be allowed to serve the sentence in Illinois.

Reporter Jason Pohl covers breaking news for the Coloradoan. Follow him on Twitter: @pohl_jason.