COKid Posted April 30, 2014 Share Posted April 30, 2014 (Reuters) - The Montana Supreme Court overturned on Wednesday a one-month prison sentence given to a former teacher for the rape of a 14-year-old student, a penalty that sparked outrage and drew criticism from women's groups as too lenient. Montana district Judge G. Todd Baugh drew fierce public criticism last year when he sentenced the teacher, Stacey Rambold, to just a month in prison for the 2007 sexual assault of his student, Cherice Moralez, who later killed herself. Baugh fueled the public outrage by saying during Rambold's sentencing hearing that the teenager seemed older than her years and was "probably as much in control of the situation" as the Billings high school teacher. On Wednesday, the high court ordered the case assigned to a different judge for re-sentencing as it ruled the sentence - technically 15 years in prison with all but 31 days suspended and credit for one day served - was too lenient. The court noted that state law requires at least a four-year sentence for a defendant guilty of raping a victim under age 16, and no more than two years of that can be suspended. "The district court lacked authority to suspend all but 31 days of Rambold's sentence, and its judgment is therefore reversed," Justice Michael Wheat said in the opinion, joined by five other justices. Rambold was charged in 2008 with three counts of sexual intercourse without consent, stemming from an assault of Moralez in his home. But the teen killed herself in 2010 before the case could go to trial, crippling a prosecution that hinged on her testimony. In a plea deal that year, Rambold admitted to a single count of sexual intercourse without consent, and prosecutors agreed to postpone the case and dismiss it if he completed sex offender treatment. The case was reinstated after Rambold was dismissed from a treatment program for violating its rules, and prosecutors sought a 20-year prison term with half of it suspended. The Montana Judicial Standards Commission had recommended the state Supreme Court discipline Judge Baugh, who became the target of a campaign to unseat him. The high court's opinion said that decision would come later. Baugh, who did not immediately respond to a request for comment, plans to retire at the end of this year. An attorney for Moralez' mother also declined comment. Marian Bradley, president of the Montana chapter of the National Organization for Women, welcomed Wednesday's ruling. "It sends a clear message to the judiciary that women in Montana and women across the nation will not stand for the injustice and misconduct that ensued in this case and which in all likelihood have caused the mishandling of rape cases elsewhere," she said. http://www.reuters.com/article/2014/04/30/us-usa-montana-rape-idUSBREA3T0PP20140430 Link to comment Share on other sites More sharing options...
COKid Posted September 27, 2014 Author Share Posted September 27, 2014 Updated - Montana teacher -- initially given 31 days in rape of student -- now gets 10 years http://www.cnn.com/2014/09/26/justice/montana-rape-sentence/index.html?hpt=hp_t1 Don't drop the soap, dude. :) Link to comment Share on other sites More sharing options...
Praetor Posted September 27, 2014 Share Posted September 27, 2014 wow and the kid killed herself? that guy is a monster, no doubt, for destroying her life. Link to comment Share on other sites More sharing options...
DocM Posted September 27, 2014 Share Posted September 27, 2014 That judge needs a good ass whuppin' himself. Unbelievable!! Link to comment Share on other sites More sharing options...
Lenny Bruce Posted September 27, 2014 Share Posted September 27, 2014 An idiotic thing to do indeed. Link to comment Share on other sites More sharing options...
macrosslover Posted September 27, 2014 Share Posted September 27, 2014 I agree the original sentence was one of those WTF moments. However if they didn't say that the sentencing guide lines require at least a four year sentence, then I would have cried foul. Yeah this was a heinous crime and tragic outcome, but under normal circumstances, if a person is sentenced, they shouldn't be resentenced just because people don't like the sentence they got. Assuming all other things are fair in the trail, let the sentence stand as is. I would hate if this caused prosecutors to say let's just appeal the sentence the judge or jury gave him because they were too lenient. I also hope that a female teacher who is convicted of raping a male student also gets the same sentence. There needs to be more gender fairness in sentencing. Link to comment Share on other sites More sharing options...
Memphis Posted September 27, 2014 Share Posted September 27, 2014 I agree the original sentence was one of those WTF moments. However if they didn't say that the sentencing guide lines require at least a four year sentence, then I would have cried foul. Yeah this was a heinous crime and tragic outcome, but under normal circumstances, if a person is sentenced, they shouldn't be resentenced just because people don't like the sentence they got. Assuming all other things are fair in the trail, let the sentence stand as is. I would hate if this caused prosecutors to say let's just appeal the sentence the judge or jury gave him because they were too lenient. I also hope that a female teacher who is convicted of raping a male student also gets the same sentence. There needs to be more gender fairness in sentencing. They wouldn't get charged and the guy would have to pay child support. Happened recently to a guy. Link to comment Share on other sites More sharing options...
macrosslover Posted September 27, 2014 Share Posted September 27, 2014 They wouldn't get charged and the guy would have to pay child support. Happened recently to a guy. I read that article you are talking about, just can't find a link now. That story doesn't add up. From how old the child he's paying for is and how old he was when he was raped by his teacher, the ages don't coincide with when the incident happened. From the way I read that article, the guy was raped by one of his teachers and then sometime after that had a kid on his own with another female and the article was making it seem like oh boo hoo, a male rape victim paying child support. Link to comment Share on other sites More sharing options...
Memphis Posted September 27, 2014 Share Posted September 27, 2014 I read that article you are talking about, just can't find a link now. That story doesn't add up. From how old the child he's paying for is and how old he was when he was raped by his teacher, the ages don't coincide with when the incident happened. From the way I read that article, the guy was raped by one of his teachers and then sometime after that had a kid on his own with another female and the article was making it seem like oh boo hoo, a male rape victim paying child support. Interesting, ide be curious to see how you came to that. I will retract my statement if that is indeed the case. Link to comment Share on other sites More sharing options...
macrosslover Posted September 28, 2014 Share Posted September 28, 2014 Interesting, ide be curious to see how you came to that. I will retract my statement if that is indeed the case. I think I read the article wrong, or the one I read was poorly worded. http://www.azcentral.com/story/news/arizona/politics/2014/09/02/arizona-statutory-rape-victim-forced-pay-child-support/14951737/ The article says he's was raped at 14 and now is 24 and has a six year old, so the numbers didn't add up. But reading it again, I think he realized at 20 he had the six year old and just ignored it for four years. Link to comment Share on other sites More sharing options...
Gotenks98 Posted September 28, 2014 Share Posted September 28, 2014 I don't know on this one guys. I would say he gets time for sex with a minor but it should not be rape. Did the girl go to his house willingly? If so she knew what she was getting herself into so I don't call that rape. I could see if the dude cornered her in a locker room or something. Some women might get mad at what I am about to say but if you put yourself in that situation for it to happen you cant just turn around and call it rape. This would be like a man going into a brothel and then saying one of the women raped him. Don't get me wrong its sick that he had sex with a minor and he should have gotten way more time just for that but I don't call what happen here as being rape. Too many folks are playing the rape card these days. Link to comment Share on other sites More sharing options...
DocM Posted September 28, 2014 Share Posted September 28, 2014 I don't know on this one guys. I would say he gets time for sex with a minor but it should not be rape. Did the girl go to his house willingly? > Doesn't matter. Anyone below the age of consent cannot legally give it (duh), and that makes it (depending on the state) rape, criminal sexual conduct etc. of varying degrees. OTOH, many states have an exception for youngsters in a relationship known as a 'Romeo & Juliet' law, but not all. Montana's age of consent is 16, and it does not have a 'Romeo & Juliet' law. Link to comment Share on other sites More sharing options...
Memphis Posted September 28, 2014 Share Posted September 28, 2014 I think I read the article wrong, or the one I read was poorly worded. http://www.azcentral.com/story/news/arizona/politics/2014/09/02/arizona-statutory-rape-victim-forced-pay-child-support/14951737/ The article says he's was raped at 14 and now is 24 and has a six year old, so the numbers didn't add up. But reading it again, I think he realized at 20 he had the six year old and just ignored it for four years. Gotcha, that's how I originally read it too. Link to comment Share on other sites More sharing options...
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