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Tag: One-Month Rape Sentence

  • Stacey Rambold: Why Is He Going to Jail Again?

    Earlier, we told you about the incredible 2008 sentence of Stacey Rambold, a teacher in Monatana who was found guilty of raping a 14-year-old student.

    The judge in that case, Yellowstone County District Court Judge G. Todd Baugh, had said that he felt the victim “seemed older than her chronological age” and was “as much in control of the situation” as Rambold.

    When the time came for the sentence to be handed down, Judge Baugh gave a 15-year sentence. But he suspended all but one month of the sentence.

    The victim’s mother screamed out in the courtroom, “You all suck!”

    Stacey Rambold served out his sentence, all 30 days of it, and was released. For 6 years he has been a free man. In the ensuing outrage and appeals, the victim committed suicide in 2010, knowing her attacker was free.

    Now Stacey Rambold may be going back to jail.

    It turns out that Judge Baugh overstepped his authority in reducing Rambold’s sentence as much as he did. Montana law decrees that, in a rape case where the victim is under the age of 16, there must be a minimum sentence of four years, and no more than two years of that can be suspended.

    The Montana Supreme Court overturned Rambold’s sentence.

    “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.

    It also turns out that Rambold could have avoided all this. He had struck a bargain with prosecutors wherein they agreed to not pursue the case any further if he completed sex offender treatment. But Rambold was dismissed from the program for violating its rules. Therefore, prosecutors have gone after him with a renewed fervor.

    Discipline against Judge Baugh himself from the Judicial Standards Commission is pending with the Montana Supreme Court. Justices say that will be handled as a separate issue.

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  • One-Month Rape Sentence Overturned

    A teacher in Montana, Stacey Dean Rambold, was convicted of raping a 14-year-old girl, He was sentenced for his crime in 2007. But the judge said during sentencing that he felt that the victim was just as responsible for the rape as the man, so he only handed down a sentence of 15 years, but suspended all but 31 days of that sentence. In the end, Rambold would only have to serve one month in jail for raping a 14-year-old.

    The victim’s family was outraged. Later, the victim herself committed suicide.

    Yellowstone County District Court Judge G. Todd Baugh had said that he felt the victim “seemed older than her chronological age” and was “as much in control of the situation” as Rambold. In Iran, rape victims are commonly blamed for their rapes, as well.

    “Adolescent victims are consistently blamed for either seducing their rapist or for some other behaviors. Members of the public have stepped up to protest in previous cases, such as the teen rapes in Steubenville, Ohio, and “to educate their own community and beyond about the importance of not victim-blaming,” said Jennifer Long, director of The Prosecutors’ Resource on Violence Against Women. “but it seems that we are still stuck in this cycle … where [some of] the very people who should know this information – judges, prosecutors, and other professionals – still believe in the myths and still engage in very dangerous practices.”

    Now that ridiculous sentence has been overturned and Rambold will be re-sentenced. He had already served out his month and had been released.

    Judge Baugh has since said that he made a mistake in handing down such a short sentence, but could not re-sentence Rambold himself. He has expressed satisfaction that the re-sentencing is happening, but he could still face consequences, including being unseated as a judge.

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  • One Month Rape Sentence Overturned By Montana Court

    A Montana teacher who was convicted of raping a 14-year-old girl, recently had his one month sentence overturned.

    A judge had originally said that the victim was just as responsible for the sexual acts as the 40-year-old teacher and felt the one month sentence was sufficient punishment.

    Judge G. Todd Baugh’s sentence angered many people and even led to protests that demanded he resign.

    The Montana Supreme Court overturned the sentence and will resentence teacher Stacey Dean Rambold. Rambold served his original 30 day sentence and has since been released.

    The overturned sentence may have taken longer than it should have, but many people involved with the case are confident that justice will finally be served.

    “Adolescent victims are consistently blamed for either seducing their rapist or for some other behaviors. Members of the public have stepped up to protest in previous cases, such as the teen rapes in Steubenville, Ohio, and “to educate their own community and beyond about the importance of not victim-blaming,” said Jennifer Long, director of AEquitas: The Prosecutors’ Resource on Violence Against Women, in Washington. “but it seems that we are still stuck in this cycle … where [some of] the very people who should know this information – judges, prosecutors, and other professionals – still believe in the myths and still engage in very dangerous practices.”

    Judge Baugh was also happy with the decision to resentence Rambold and admitted that he may have made a mistake in being so lenient with him during his trial. He had even tried to set a hearing to resentence him himself last year, but was unable to do so.

    The Judicial Standards Commission has a pending disciplinary complaint against Baugh, and he will likely receive disciplinary action for his incorrect sentencing and inappropriate comments about the case.

    Victim Cherice Morales was only 14 when she was sexually assaulted by Rambold. When Cherice was 16 and the case was still pending, she killed herself.

    What do you think of the original sentence term?

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  • One-Month Rape Sentence Overturned By Montana Supreme Court

    The Montana Supreme Court has overturned the one-month sentence given to Stacey Rambold, a 54-year-old former teacher who raped his 14-year-old student. The initial sentence of one month angered many, including women’s groups that deemed the sentence too light for the crime that was committed.

    On Wednesday, the Supreme Court ruled that the sentence given to Rambold was too short based on the state’s laws. As a result, the court asked a new judge to take on the case and give a new sentence to the defendant.

    Rambold was charged with three counts of rape in 2008 for having sexual intercourse without consent with one of his students, Cherice Moralez. Moralez committed suicide in 2010 while the defendant was awaiting trial.

    Rambold has already served his original sentence and was set free last fall. Based on the decision made on Wednesday, Rambold must now serve at least two years for his crime. However, the Supreme Court did not specify the sentence, which means that Rambold could spend more time in prison than the specified two-year minimum sentence.

    His attorney’s, on the other hand, are insisting that the original sentence was enough. They also say that Moralez was partly responsible for the rape, referencing taped interviews before her death.

    The President of the Montana chapter of the National Organization for Women, Marian Bradley, welcomed the Supreme Court’s new ruling regarding the case. She said that overturning Rambold’s sentence “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 happened with the case.

    Scott Twito, an attorney for the Yellowstone County, said that he would consult other attorneys in his office. He would also be discussing the issue with the victim’s family before he decides how much prison time the prosecutors will seek.

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