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Rape a student and only get 30days in jail!

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herenow1

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What is wrong with this judge? Who over-rules a judge when their ruling is so far out in left field?



A former high school teacher in Montana who pleaded guilty to raping a 14-year-old student who later killed herself has been sentenced to 30 days in jail by a judge who said the victim was "older than her chronological age" and "as much in control of the situation" as the teacher.
 
This judge needs to be hauled before the State Bar Association immediately. When he says a 54 year old teacher can rape his 14 year old student, and blame the student for it, that's one judge that should NOT be on the bench.
 
DiAnna said:
This judge needs to be hauled before the State Bar Association immediately. When he says a 54 year old teacher can rape his 14 year old student, and blame the student for it, that's one judge that should NOT be on the bench.
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Why the Judge? The prosecution entered in a deferred prosecution agreement to where he wouldn't have had to do any time apparently had he continued his therapy, which would suggest there are mitigation details from this missing. Now in my area he would be doing decades, but maybe it is the prosecutors who should be keel-hauled, not the Judge.
 

The prosecutors only deferred prosecution because the distraught 14 yr old victim had already committed suicide. They reinstated the prosecution when they discovered that this 54 yr old had been terminated from a sex offender treatment program.

Why the judge??? Are you ****ing kidding me?? Any judge that says a 14 yr old student who has been raped by her 54 yr old teacher was "older than her chronological age" and "as much in control of the situation" as the teacher, then suspends a 15 yr sentence down to 30 days, should never preside over another trial ever again!! That child had no control whatsoever of the situation, a situation that distressed her enough to take her own life. Try reading the article next time.
 
DiAnna said:
This judge needs to be hauled before the State Bar Association immediately. When he says a 54 year old teacher can rape his 14 year old student, and blame the student for it, that's one judge that should NOT be on the bench.
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Not just not be on the bench but thrown in jail imo
 

How would I have known that had I not read the article? Restating what I already said about the prosecutor is not an answer to the question you are trying to avoid. The prosecutor apparently had a deal where the guy would have done zero time and would not even have faced trial, but you completely ignore that. If the prosecutor entered such a deal in the first place, why do you not want their head on a stick? The article does not say what the prosecutor asked for in the case.

Perhaps you should read the post you are responding to next time.
 

Next time I respond, it won't be to you, since I answered your question in the post you quoted, but apparently were unable to comprehend. :2wave:
 
DiAnna said:
Next time I respond, it won't be to you, since I answered your question in the post you quoted, but apparently were unable to comprehend. :2wave:
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Nope you never responded about why not the prosecutor being disbarred and you have now twice avoided that the prosecutor entered the deal that would have kept the case from even going to trial, but it is fine you will refrain from responding to me since pedantic emotionalism void of common sense is the best you have.
 


I did some further research on this case. The prosecutor had entered into an agreement that the man had to complete a sex offender therapy program and then he would not be prosecuted but required that he confess to one of the charges against him first, which the man did. He completed the first two stages of the three step program successfully. He was kicked out of the program in the last stage because he failed to report that he had been romantically involved with an adult female and because he had been in the company of minors who turned out to be relatives of his though they did not know that when they dismissed him from the program.

After the girl killed herself, they had no real case against him except for his confession to that one count as part of the agreement with the prosecutor. After he had been booted from the one sex offender program he immediately enrolled in another one and had successfully completed it before sentencing. The therapist in the program testified that he was a very low risk to offend again. I could not find any detail on the judge's comment but I assume that it was part of a talking ruling, and was probably related to a statement regarding what he found or didn't find to be aggravating or mitigating in his ruling as Judges sometimes do. I further assume that the judge felt he had substantially complied with the deal that would have prevented the charges from ever being filed in the first place.

I do not condone what he did by any stretch of the imagination. I have, however, known of more screwed up things than this happening so I have a much higher threshold for what is "shocking" or "outrageous" .
 
This is really just horrible, and that guy is a terrible, terrible person, but I kind of have to agree with Fisher on this one. When the prosecutor strikes a deal with the defense, there's almost nothing a judge can do about it.

I'm hoping the only reason the prosecutor did that was because he didn't have enough evidence to convict and just wanted to get SOMETHING done.

At the same time, that doesn't explain the judge's ridiculous comments that the girl was just as responsible as him.

Anyway, there was probably more going on behind the scenes that we don't know about.
 
I worked with a sex offender once. Firstly, the girl's suicide is irrelevant to the case or situation... other than the fact that it made the prosecutor's case far more difficult. Secondly, I'm CERTAIN that RabidAlpaca is correct and there is more going on behind the scenes than is being said. Lastly, the judge's comments were idiotic.
 
From the article:

"Chief Deputy County Attorney Rod Souza had asked the judge to order Rambold to serve 20 years in prison, with 10 years suspended.


Read more: Former Senior High teacher gets 30 days for rape of student

However, this changed when the girl committed suicide. If the prosecution doesn't have DNA evidence it would be a tough prosecution since he can't be made to testify and even a confession must be supported by evidence.

For what it's worth, the judge apologized for his comment:

Judge apologizes for remarks about teen rape victim

The sentence is 15 years, but only 30 days to serve. What becomes critical is probation terms because if he violated those he can go to prison for the full sentence. Hopefully he does.
 
People of Montana unite and unseat the judge who is obviously a moron.
 
It doesn´t sound like a harsh enough sentence based on the very few facts presented in the story. (and being Fox they need to be taken with a grain of salt) Especially if it was violent rape rather than statuatory rape. The girl´s behavior is irrelevant even if it was statuatory rape, teachers have a duty and responsibility to resist any seductive behavior. That should be part of the training. Is it?

I wonder about the girl´s suicide: did it happen before or after the relationship (assuming there was one) was discovered and made public? If it was after the relationship was discovered, we need to question whether the way these cases are handled might do more damage than the relationship itself. The judge´s comments make me suspect that the handling of the case may have been the problem as much or more than the relationship.

If I was judging the case I would give a harsher sentence if the girl committed suicide because she felt exploited and abused, rather than doing it because he ended the relationship or because of the shame of being discovered.
 


Disbarred for what? A decision you don't like? Unless what he did is illegal or a violation of required conduct for an attorney there is no basis for any action by the State Bar Association. The option citizens THERE have is to vote to not re-elect the elected prosecutor. Otherwise there is nothing anyone can do. There would be no basis for disbarment even if he had refused to prosecute at all. That's not what disbarment is about.
 

There is that little thing called him being found guilty first. With her death that might have been extremely difficult to accomplish unless they have DNA evidence, which isn't mentioned in the article.

The judge COULD have refused the plea deal, but then that would mean a trial and a possible not guilty.

Candidly, the plea deal could be a trick anyway - 15 years but 14 years, 11 months of it on probation? It is incredibly easy to declare a probation violation if the prosecution so desires. 5 minutes late to reporting, being too close to a child, moving without obtaining permission first... one probation violation and he serves the rest of the 15 years if the judge and prosecutor so desire - and there is no jury nor any trial needed as he is already found guilty. In short, the prosecution may have gotten a guilty verdict on a plea and ultimately the guy in prison - where otherwise the prosecution may not have had a winnable case with her death. Even a confession isn't enough without evidence to back it up.
 
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DiAnna said:
This judge needs to be hauled before the State Bar Association immediately. When he says a 54 year old teacher can rape his 14 year old student, and blame the student for it, that's one judge that should NOT be on the bench.
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The Judge could be brought before the State Board of Judicial Code, not the Bar Association. But likely the worse they would do is a written reprimand.
 
I think the girls suicide is definitely relevant. The judge stated the 14 year old was as much in control of the situation as was the teacher. I cant help but believe her suicide stands as pretty firm evidence she wasnt as 'in control' as the judge deemed her to be. "Idiotic" comments is definitely saying it lightly. Considering he had been convicted and faced up to 15 years, the 31 day sentence is just.......

He had a prior incident of alleged sexual contact with a minor and was booted from a program for violating contact orders. Dood is a predator. He will be back.
Montana judge sentences ex-teacher to 30 days for sex with teen who committed suicide  - NY Daily News
 
Bump...
 

What I'm saying is that the girl's suicide is irrelevant to the judge's decision. Whether she suicided or not, she was not in control. The teacher was.
 
CaptainCourtesy said:
What I'm saying is that the girl's suicide is irrelevant to the judge's decision. Whether she suicided or not, she was not in control. The teacher was.
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gotcha. That makes sense. It's completely inane that the judge would make the claim that the girl was at least as responsible.
 
I think the prosecutor's office and this judge should be investigated. Bet they're either crooked or pedos, or both.
 
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