Author Topic: Criminal Prosecution: One Month for raping a Minor?  (Read 1002 times)

Offline Johnnie F.

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Criminal Prosecution: One Month for raping a Minor?
« on: August 31, 2013, 11:37:48 AM »
Judge who jailed rapist for just 30 days after schoolgirl victim killed herself makes extraordinary claim sentence 'upped' his 'debt to society'

  • Cherice Moralez, 14 at the time, was bullied by classmates after charges were brought against her Montana teacher Stacey Rambold, 48
  • Rambold admitted to raping the vulnerable teenager on several occasions in 2007 in his marital home, car and office
  • Judge G Todd Baugh gave Rambold just 30 days in jail instead of maximum of life because Rambold had 'suffered enough' and Cherry was 'in control'
  • Protests held and nationwide petition calling for judge's removal has 10,000 signatures
  • Cherice shot herself in her mother's bed when it became too much to bear
  • School had issued Rambold with a warning over inappropriate behavior four years before he raped Cherice but left him in charge of minors

The Montana judge who provoked outrage by sentencing a teacher who repeatedly raped a 14-year-old girl to just 30 days in jail has today claimed that his paltry sentence ‘actually upped’ the convicted rapist’s ‘debt to society’.

In a written addendum to his sentence handed down in Billings District Court on Monday Judge G Todd Baugh stated: ‘Had the defendant pled guilty or been convicted by a jury three years ago, he would have had a basis from which to argue for a minimum sentence.’

Victim Cherice Moralez committed suicide on February 6, 2010. She shot herself in her mother’s bed just three weeks before her 17th birthday.

Horror: Cherice Moralez, pictured, shot herself dead in her mother's bed after being repeatedly raped by a teacher who will serve just 30 days in jail

Controversial: Judge G. Todd Baugh sentence has sparked outrage and will be reviewed

Teacher: Rambold, 54, lost his house, his job, his teaching license and his wife as a result of the charges. His lawyer suggested, and the judge seemed to agree on Monday, that he had been 'punished enough'

According to her mother, Auliea Hanlon, the pending trial of teacher Stacey Rambold - 49 when the rapes were committed - and trauma of the abuse were ‘major factors’ in her daughter’s death.

Speaking to MailOnline Mrs Hanlon said that her daughter had been ‘in hell,’ shunned by classmates and bullied following the revelations of the abuse.

Her death complicated the prosecution of former Billings Senior High School teacher Rambold, now 54, who was arrested and charged with three counts of sexual intercourse without consent in 2008.

Prosecutors who had sought to put Rambold behind bars instead settled for a three-year deferred prosecution. According to the terms of the agreement the case would be dismissed after this term if Rambold pleaded guilty to one count of sexual intercourse without consent and entered a three-stage sex offender treatment program.

But in December 2012 the case was revived when it transpired that Rambold had violated the terms of the program, having contact with minors and engaging in a sexual relationship [not with a minor] without informing his counselor.

In his written explanation Judge Baugh maintained that these violations were ‘not significant’.

He stated: ‘There were violations of the treatment program, but involved no violence, no inappropriate sexual conduct, and no new criminal activity.

‘Defendant’s old treatment provider recommended that the Defendant still be assessed as a low risk offender and treatable in the community.

Critic: Auliea Hanlon, Cherice's mother criticized the judge's apology as 'meaningless'

‘Knowing that the Defendant had enrolled in another sexual offender treatment program, the Court is faced with deciding if the Defendant should go to prison for relatively minor infractions.’

Judge Baugh went on to state that there was other information that could not be publicly released but had played a part in the court’s decision: a July 2013 pre-sentence report from the Department of Corrections, an August 2009 psychological/psychosocial evaluation of Rambold, and two interviews with the victim in 2009.

Judge Baugh was forced to apologize for his comments in court, in which he claimed that the victim was ‘older than her chronological years’ and ‘in control of the situation’ in which she was raped in Rambold’s car, his then marital home and on school premises.

Similarly he drew fierce criticism when appearing to diminish the crime as, in defending his sentence, he said: ‘I think people have in mind that this was some violent, forcible, horrible rape ... but it wasn’t this forcible, beat up rape.’

In his addendum he conceded: ‘Rape under any circumstances is a horrible violent offense. Some involved physical beatings, broken bones. Others, as here, involve young victims legally not capable of consenting. All are traumatic and all are crimes.’

Though he stated that he believed a prison sentence to be ‘appropriate’ in this case Judge Baugh   stood by his decision to suspend all but 31 days of Rambold’s 15 years plus one day’s credit for time served.

He said: ‘Based on all circumstances, the Court upped Mr Rambold’s debt to society from the almost expired three years Deferred Prosecution Agreement to the 15 years suspended sentence.’

Rambold’s sentence puts him on probation for 15 years and requires him to finish sex-offender treatment and to register as a convicted sex offender.

Yellowstone County prosecutor Scott Twito is still reviewing the sentence with a view to finding some legal grounds for appeal, and Judge Baugh’s explanation and defense of his decision will do little to silence the voices of those clamoring for his resignation.

'Bad form': Judge Baugh is running for re-election next year. Protestors vowed to ensure he doesn't receive a fifth term

Tens of thousands have signed an online petition calling for him to be removed from his post and yesterday hundreds protested his sentence outside Billings District Court House.

Speaking to MailOnline Cherry’s mother said: ‘Rambold took away everything beautiful in my life and he just gets to walk away. He confessed. He did it.

‘With this sentence the judge just lets everyone off – he lets the school off and he lets him off.’

Daily Mail

Frank Zappa - Montana (A Token Of His Extreme)


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Re: Criminal Prosecution: One Month for raping a Minor?
« Reply #1 on: August 31, 2013, 12:25:55 PM »
The judge must have taken leave of his senses. Perhaps he had cause to see the rapist as a kindred spirit.

Offline thaiga

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Re: Criminal Prosecution: One Month for raping a Minor?
« Reply #2 on: August 31, 2013, 02:49:05 PM »

I believe he has a long history being soft on sex criminals, wonder yyyyyyyy
Anyone who goes to a psychiatrist should have his head examined.