A former NIU student accused of rape pleaded guilty to battery Wednesday and received a 60-day prison term from a DeKalb District Court Judge.

Christopher J. Fette, 23, was found guilty for the Dec. 10, 1988, battery of Kimberly A. Howard. Howard accused Fette, an NIU senior at the time, of sexual assault. Howard died of unknown causes in January.

The complaint states Fette “without legal justification, intentionally made physical contact of an insulting and provoking nature with Kimberly A. Howard in that by the use of force he placed his penis in the vagina of Kimberly A. Howard.”

District Court Judge John L. Nickels sentenced Fette to 60 days in the DeKalb County Jail, one year conditional discharge or probation and a $300 fine. The Class A misdemeanor can include up to one year in jail, up to one year of probation and a $1,000 fine.

“This specific disposition was recommended by the victim prior to her death, ” DeKalb State’s Attorney Mike Coghlan said. Coghlan said Howard told him before her death that she “thought this was a just sentence.”

Fette already served 36 of the 60 days in jail and has up to 24 more days of periodic imprisonment, although the 36-day prison term was consecutive.

Fette must serve the periodic imprisonment beginning Nov. 24 continuing for the following three weeks, in which Fette will spend from noon Fridays to 6 p.m. Sundays behind bars, Coghlan said.

The periodic imprisonment allows Fette to “pursue employment” and “makes him a more productive member of society,” Coghlan said. The Class A misdemeanor will become a “permanent criminal conviction on (Fette’s) record,” Coghlan said.

If Fette misbehaves while in prison, his prison term will be extended to four additional three day terms, Coghlan said.

“No means no. Aquaintance rape offenders in DeKalb County will go to jail,” Coghlan said. The court also ordered Fette to receive a psychological evaluation and counseling for alcohol abuse and sexual aggression, he said.

Nickels allowed Fette 30 days to write a motion to withdraw the decision and appeal to a higher court.