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Father, son charged with sexual misconduct

By John Weiss

weiss@postbulletin.com

A Dover-area man, who is already on probation for sexually assaulting two relatives, and his son were each charged Thursday in Olmsted District Court with four counts of first-degree criminal sexual conduct involving another relative.

David Lester Benike, 42, and Seth Russell Benike, 20, both of rural Dover, are accused of sexual conduct with someone younger than 13 and being at least three years older than the victim, sexual conduct with someone at least 13 but younger than 16 and being at least four years older, criminal sexual conduct with a person who had a significant relationship to the men, and criminal sexual conduct with the person multiple times over an extended period of time.

Olmsted District Judge Joseph Chase set bail for David Benike at $500,000 without conditions and for his son at $150,000 without conditions and $75,000 with conditions. Their next hearing will be April 19. They were also ordered to have no contact with the alleged victim or go within a mile of her home.

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According to the complaint against David Benike, he is on probation for a 1993 conviction of second-degree criminal sexual conduct for assaulting two other female relatives.

The complaints against the two men allege that on April 5, Olmsted County Social Services contacted the sheriff's department because the girl said the men had sexually assaulted her.

In a videotape, the girl gave details about the assault, which happened in a barn and hay shed. She said David Benike told her that if she told, "she would not be able to see him again."

David Benike admitted to the conduct, according to the complaint.

According to the complaint against Seth Benike, the girl said he had been sexually assaulting her about once a week since she was 11 or 12. She said that he told her she would get in trouble if she told anyone and that he gave her gifts and money so she wouldn't tell. When a deputy interviewed Seth Benike, he said he felt sorry for the conduct and wished he could give the girl her innocence back, the complaint states.

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