Seattle residents are demanding answers after a man with 28 arrests and 13 convictions was granted entry to Seattle’s “Drug Prosecution Alternative” diversion program just one week before allegedly kidnapping and raping a 15-year-old girl.
Joshua V. Kowalczewski, 36, reportedly lured the victim from a school bus stop in the Northgate neighborhood and dragged her into nearby woods where he sexually assaulted her.
Kowalczewski was later captured by firefighters who spotted him defecating on the sidewalk after he burned clothing linked to the attack. Police charged him with first-degree rape and second-degree kidnapping.
A judge set Kowalczewski’s bail at $1 million, citing his criminal history as a threat to public safety. Prosecutors noted that his record includes multiple convictions.
According to detectives, Kowalczewski initially denied speaking to the girl but later admitted he approached her because he thought she was “hot.” He also allegedly asked her to go into the woods but denied assaulting her.
The victim received medical treatment and a sexual assault examination at Seattle Children’s Hospital.
The King County Prosecuting Attorney’s Office explained it pursued rape charges rather than child rape charges under Washington state law, which imposes harsher penalties for rape offenses. The office noted that holding a suspect on misdemeanor charges is difficult due to state law.
“Prosecutors are bound by the sentencing guidelines from state lawmakers; that’s what judges go off of when making determinations,” said communications director Casey McNerthney. “It’s pretty difficult to hold somebody on a misdemeanor in some instances.”
