Three 18-year-old men from suburban Chicago have been charged with multiple felony counts of criminal sexual assault following allegations that they sexually assaulted a female classmate during a graduation-related gathering in June. Prosecutors in DuPage County, Illinois, announced the charges months after the alleged incident, which authorities say occurred inside a minivan during a private party attended by recent high school graduates. The case has drawn significant attention due to the age of those involved, the delayed filing of charges, and the serious nature of the allegations, which prosecutors say caused lasting harm to the victim.
According to the DuPage County State’s Attorney’s Office, Kevin Niemiec of Prospect Heights, Zachary Mascolo of Arlington Heights, and Jon Clary II of Bartlett were each 18 years old at the time of the alleged assault. All three now face felony charges stemming from events that prosecutors say took place between the night of June 14 and the early morning hours of June 15, following a gathering associated with the graduation of students from Saint Viator High School in Roselle, Illinois. Authorities emphasize that the investigation remained active for several months before arrest warrants were issued in December.
The charges mark a significant development in a case that has unfolded gradually, with court proceedings now scheduled to continue into early 2026. Prosecutors and law enforcement officials have outlined a series of events beginning with the alleged assault and continuing through medical treatment, police involvement, and eventual arrests. Court decisions regarding pretrial detention and release conditions have further shaped the trajectory of the case as it moves through the criminal justice system.
Details of the Alleged Assault and Initial Response
Prosecutors allege that during a graduation party attended by Saint Viator High School students, the three defendants were inside a minivan with a female classmate when each of them sexually assaulted her. The DuPage County State’s Attorney’s Office has not publicly disclosed detailed descriptions of the alleged acts, citing the sensitive nature of the case and the privacy of the victim. However, authorities have characterized the allegations as extremely serious, resulting in multiple felony counts for each defendant.
After the alleged assault, prosecutors say the victim went to a friend’s home and contacted her sister. The sister then alerted their parents, prompting further action. According to authorities, the victim was taken to a hospital, where she received medical attention. Hospital staff contacted the Roselle Police Department, initiating a law enforcement investigation into the incident. This sequence of events, from disclosure to medical care and police notification, formed the basis of the case that prosecutors later presented to the court.
DuPage County State’s Attorney Robert Berlin addressed the allegations in a public statement released with the announcement of the charges. He described the claims as deeply troubling and emphasized the gravity of the situation. Berlin noted that graduation celebrations are typically intended to mark academic accomplishments and the anticipation of future opportunities, but alleged that this gathering instead became the setting for serious criminal conduct. He expressed hope that the victim and her family would receive appropriate care and support and commended the victim for coming forward.
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The investigation extended for several months before charges were formally filed. Prosecutors have not detailed the specific reasons for the length of the investigation but have indicated that the delay reflects the complexity of sexual assault cases, which often involve forensic evidence, witness interviews, and careful review by law enforcement and prosecutors before charges are approved. Arrest warrants for all three defendants were issued on December 17, according to the State’s Attorney’s Office.
Charges, Arrests, and Court Decisions
Kevin Niemiec faces the most severe immediate legal outcome among the three defendants. He has been charged with three counts of criminal sexual assault. Niemiec appeared in court on Tuesday, where Judge Joshua Dieden ordered that he be held in custody while awaiting trial. The judge denied pretrial release, meaning Kevin Niemiec will remain detained as the case proceeds. His next court date is scheduled for January 12, 2026.
Zachary Mascolo and Jon Clary II were also charged with felony counts of criminal sexual assault but were granted pretrial release under specific court-ordered conditions. Mascolo faces two counts of criminal sexual assault, while Clary faces three counts. Both appeared in court earlier in the week and were released with restrictions that include prohibitions on possessing or consuming alcohol and requirements to have no contact with the alleged victim or her family.
Zachary Mascolo was taken into custody on December 21 during a traffic stop near his home, authorities said. Clary and Kevin Niemiec turned themselves in at the DuPage County Jail the following day. These arrests followed the issuance of warrants and marked the first time the defendants were formally taken into custody in connection with the case.
Mascolo is scheduled to return to court on January 27, 2026, the same date as Clary. Their release conditions will remain in effect until further court proceedings determine whether modifications are necessary. Prosecutors have not indicated whether additional charges could be filed or whether plea negotiations are anticipated, stating only that the case remains active and ongoing.
Under Illinois law, criminal sexual assault is a serious felony offense that carries the potential for lengthy prison sentences if a defendant is convicted. The denial of pretrial release for Niemiec reflects the court’s assessment of factors such as the nature of the charges and potential risk considerations, while the conditional release of Mascolo and Clary reflects judicial discretion based on the circumstances presented at their hearings.
School Response and Broader Context
Saint Viator High School issued a public statement in response to media reports about the case, emphasizing that the alleged assault did not occur at a school-sponsored or school-sanctioned event. According to the statement provided to WGN, the gathering took place at a private location in Roselle and was not organized, supervised, authorized, or sponsored by the school. The school also clarified that the event occurred after the students allegedly involved had already graduated from high school.
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The statement sought to address reports referring to the gathering as a “Saint Viator High School graduation party,” stating that this characterization was inaccurate. School officials underscored that while the individuals involved were recent graduates, the event itself had no official connection to the institution. Saint Viator High School emphasized that it would continue to cooperate with law enforcement as the investigation and prosecution proceed.
In its statement, the school also expressed concern for those affected by the incident, highlighting its commitment to student safety, well-being, and dignity. While the school did not comment on the specifics of the allegations, it acknowledged the seriousness of the situation and the impact such cases can have on the broader community.
The case has drawn attention within the suburban Chicago area, particularly due to the involvement of recent graduates and the setting of a private celebration marking the end of high school. Sexual assault allegations connected to graduation parties and similar gatherings have raised broader questions nationally about supervision, alcohol use, and safety during milestone celebrations, though prosecutors in this case have focused strictly on the individual allegations and evidence.
As the legal process continues, the defendants are presumed innocent unless and until proven guilty in court. The upcoming hearings in January 2026 are expected to determine the next steps in the prosecution, including potential motions, evidence disclosures, and scheduling of future proceedings. Prosecutors have indicated that they will continue to pursue the case through the judicial system, while defense attorneys have not yet publicly commented on behalf of the accused.
The case remains under the jurisdiction of the DuPage County courts, with ongoing oversight by the State’s Attorney’s Office and local law enforcement agencies. Further details are expected to emerge as the matter progresses through pretrial hearings and, potentially, a trial in the months ahead.
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