Toni
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And some judges are mighty lenient even when the rapist confesses:
http://www.cnn.com/2014/04/30/justice/montana-rape-sentence/
Baugh's comments at the sentencing in August sparked controversy. He said the girl looked older than her years and was "probably as much in control of the situation as was the defendant," according to the Montana attorney general's office, which appealed the sentence.
In Wednesday's decision, the state Supreme Court ruled that Baugh used an inapplicable statute to impose the 31-day sentence. When read properly, Montana law mandates a minimum four-year prison sentence -- with a suspension of no more than two years -- for the rape of children under 16 by someone at least three years older, the court ruled.
Since he raped his 14 year old student, it is highly likely he actually knew how old she was. Not that appearing older is justification for raping anybody. Except to rape apologists.
This is a weird case and the coverage of it is not very clear. It is not clear to me whether this was an actual rape or simply defined as "rape" because she was so young. The "she was probably as much in control of the situation" and him saying "I thought she was older" (her age would hardly be an excuse for rape, but would be an excuse for consensual sex) lines lead me to believe that it was probably statutory rape rather than "rape rape" (as Whoopi Goldberg would say) as does the sentence, quite frankly. I cannot imagine a judge would impose a 31 day jail term for an actual rape (i.e. sex against the girl's will) of a 14 year old. Also if it was just statutory rape (i.e. it was in accordance with her will but she is deemed too young to consent by law) the 31 day jail term is appropriate and the 15 year probation excessive.
Also the whole thing is part of a plea deal which complicates things further.
Do you have any links that give more details here? Also, if the sentence is invalidated by the Montana Supreme Court does that mean the guilty plea is invalid as well and the case will have to be retried?
In any case, it is very unfortunate that the girl killed herself.![]()
She was 14 and his student. In either case, it was rape. Because of her age it was statutory rape. Because he was her teacher and in a position of authority over her, it was rape. It is not necessary that he knocked her over the head, tied her up, held a gun to her head and a knife to her throat for it to be real rape. I don't know if he did tie her up, knock her out, use a weapon other than age, size and authority over her. She was raped.
I am sure google works at your house, same as mine, so feel free to knock yourself out.