School Bus Driver Who Raped 14-Year-Old Will Not Go to Prison

[Rogue Valley]

School Bus Driver Who Raped 14-Year-Old Will Not Go to Prison

Shane Piche raped a girl who rode his bus in upstate New York. His sentence of 10 years’ probation has prompted outrage.

Rapist Shane Piche.

4/30/19
He was her bus driver, ferrying her to school in Watertown, a small city in upstate New York. Then, one day last summer, having plied her with gifts and alcohol, he invited the 14-year-old to his home and raped her. The driver, Shane Piche, 26, pleaded guilty to third-degree rape earlier this year. But instead of going to prison as the victim’s family had hoped for, Mr. Piche was sentenced on Thursday to 10 years of probation. He was also assigned the lowest-level status on New York’s sex offender registry, according to an official with the State Supreme Court in Jefferson County. The Level 1 status is reserved for offenders with a low risk of committing another similar crime, and means that his future addresses will not be made public. In explaining the sentence, Justice James P. McClusky said that Mr. Piche had no prior arrests and that only one victim had been involved, according to the Watertown Daily Times newspaper. The sentence has led to angry calls to the judge’s chambers from people outraged by the sentence, which was shared widely on social media and has generated thousands of signatures on an online petition calling for the judge’s ouster.

Susan Estrich, a professor at the University of Southern California’s law school, called it “shocking” that Mr. Piche was allowed to plead guilty to what she said were “watered-down” third-degree rape charges. Prosecutors had requested that Mr. Piche be assigned a Level 2 sex-offender designation, which would have meant that his future addresses would have been published on the state’s sex offender registry. The victim’s mother had said she had been hoping that Mr. Piche would receive prison time. “He took something from my daughter she will never get back and has caused her to struggle with depression and anxiety,” the mother said in a statement obtained by WWNY, a Watertown-area television station. Hours after Mr. Piche’s sentencing, a petition was launched on MoveOn.org to remove Justice McClusky from the bench. The judge was elected in 2011 to a 14-year term on the Supreme Court. “Remove him from his position immediately for his blatant disregard for survivors of sexual assault,” reads the petition that by Tuesday had gathered more than 20,000 signatures.

Why did prosecutors settle for a guilty plea deal of third-degree rape? A weak case? The maximum sentence for 3rd degree rape in that jurisdiction is 1⅓ to 4 years in prison typically with a Level 2 sex offender designation.

10 years probation and a Level 1 sex offender designation? I also think Mr. Piche received a generous and lenient sentence.

Related: School bus driver who raped 14-year-old will not serve jail time

 

[OrphanSlug]

The outcome of this case makes no sense, there should have been a stronger push for jail time. Something must be missing from the story.

 

[joko104]

Since the parent is protesting we know this was not a deal the parent(s) agreed to. Other clearly possible charges were totally ignored - such as kidnapping, illegal imprisonment and drugging/alcohol to a minor.

 

[Napoleon]

The outcome of this case makes no sense, there should have been a stronger push for jail time. Something must be missing from the story.

From what little I’ve been able to find on this case - it seems to be a statutory rape issue. It was the mother of the “victim” who alleged a rape occurred but no evidence to support it.

 

[WillyPete]

From what little I’ve been able to find on this case - it seems to be a statutory rape issue. It was the mother of the “victim” who alleged a rape occurred but no evidence to support it.

Yeah, this is my guess as well. The 14yo was willing (if legally unable to provide consent) and isn't cooperating with the prosecution.

To be clear, the guy's still a scumbag but this appears to be a statutory, non-violent incident.

 

[Pippi Longstock]

There is a little more to the story if you read the full article. No doubt the guy is a scumbag but I couldn't help but wonder where were the parents when the girl was getting all of the gifts? Not blaming the parents but kinda wondering about that.

 

[Rogue Valley]

Under the New York Penal Code, rape in the third degree occurs if you have sexual intercourse with someone who was incapable of consenting, if you are at least 21 years old and you have sexual intercourse with someone who is less than 17 years-old, or if you have non-consensual sexual intercourse. This is a class E felony. According to the article, Piche (25) did ply the minor girl with alcohol before raping her (incapable of consenting) and she was <17 years old. According to prosecutor Patricia Dziuba, the state had requested a mix of jail time and probation. Judge McClusky alone decided on the sentence.

 

[Bodi]

I don't like the term "rape" in cases where one of them is simply a minor.

 

[OrphanSlug]

From what little I’ve been able to find on this case - it seems to be a statutory rape issue. It was the mother of the “victim” who alleged a rape occurred but no evidence to support it.

Happened to find a CNN article on this, linked below.

There is more to the story but it seemingly makes matters worse.

It is my understanding that the DA originally charged Piche with 2nd degree rape, which was based on NY law suggesting the victim cannot consent based on age alone (under 15.) Later it was determined that to make that charge the victim would have to testify in court about all that occurred between the two of them. Later the DA decided to a lesser charge of 3rd degree rape on the premise that both Piche would take a plea bargain and it would avoid the victim having to ever appear. Because it is NY state law it would have meant the victim would have to testify twice, once before a grand jury which is more protected but openly at trial where the defense could ask anything they wanted.

My best guess it the "relationship" between Piche and the victim was a potential fault in the DA's case and odds are consent would have become an issue pitting State law on age of consent against the nature of whatever relationship they did have that seems to go back to months of social media exchange.

Basically, and horribly, the defense could put her on trial as much as Piche would be.

So, a deal was struck (for lack of a better way to put it) and seemingly the DA wanted "treatment for Piche" as well, resulted in the judge stepping in and handing down this 10 year probation with a low level of sex-offender registry. It is my understanding under NY law for 3rd degree rape the outcome could have been even more lenient (as in just a fine and unconditional discharge.)

At the time of sentence victim impact statements were permitted but again because the DA wanted to avoid the victim testifying that places the judge / jury / what have you in an odd position of having to consider the statement without the Piche's legal representation having their turn asking the victim questions.

Long story short, this was an awful case probably handled in a questionable matter where the DA wanted something never entered into record which may have resulted in a worse outcome.

My best guess given how much the DA seemingly avoided the victim saying anything in open court under cross. There must be some damaging reason for that, given the parents of the victim wanted a harsher outcome fro Piche.

An ex-school bus driver pleaded guility to raping 14-year-old girl. He got probation - CNN

 

[gulfman]

He entered her illegally.Look at the bus drivers picture.Do you think he's getting laid any other way?

 

[TheRepublican]

Say what

 

[Bum]

School Bus Driver Who Raped 14-Year-Old Will Not Go to Prison

Shane Piche raped a girl who rode his bus in upstate New York. His sentence of 10 years’ probation has prompted outrage.

Rapist Shane Piche.



Why did prosecutors settle for a guilty plea deal of third-degree rape? A weak case? The maximum sentence for 3rd degree rape in that jurisdiction is 1⅓ to 4 years in prison typically with a Level 2 sex offender designation.

10 years probation and a Level 1 sex offender designation? I also think Mr. Piche received a generous and lenient sentence.

Related: School bus driver who raped 14-year-old will not serve jail time

Nope....nothing to see here follks; Move along, the Justice system if perfectly fine and is working as designed.

:doh

wut da hell was this "judge" thinking?

 

[Lursa]

I only read one article but I think it's a horrendous judgement. Of course there's likely more to the story...but he's still a total criminal.

 

[Hicup]

Living in NY State this has received a lot of publicity. I think the general consensus is that it was statutory rape with details, meaning, it was consensual, but still rape. People are outraged as they should be for a number of reasons, mainly that they never pursued giving alcohol to minors, and several other offenses along with their prosecution.

Bizarre, as my daughter is almost the same age as this girl and couldn't imagine something like this happening to her.


Tim-

 

[OldFatGuy]

This is all in Jefferson County, up upstate NY, where the Hatfields and McCoys would fit right in. This is where being from the wrong side of the tracks has meaning. Home of Fort Drum, where the US Army maintains an arctic training center because the winters are so brutal, the population of Watertown, along with the rest of the county is waning, and insular. It is where people make their own justice, during the dark nights of winter. I suggest this judge, familiar with the lay of the land, was more interested in preventing a war and bloodshed over this incident. There is no doubt that there is a faction which sees this girl as evil incarnate, luring a naive young man toward immorality. Bizarre, but that's how it is and it is what we don't see.

Keep in mind, Shakespeare's lurid Romeo and Juliet was based on a true story, of a 13 year old girl in a similar situation, causing the deaths of many young men as well as her own deserved demise. Yeah this stuff happens. Forget your own visions of moral behavior, because when hormones flow, whores moan. Lilith is in every woman, no matter how young, and stupid young men wave flagpoles in response. No different than older men and women, who are merely often more discrete. But not always.

 

[OlNate]

This is all in Jefferson County, up upstate NY, where the Hatfields and McCoys would fit right in. This is where being from the wrong side of the tracks has meaning. Home of Fort Drum, where the US Army maintains an arctic training center because the winters are so brutal, the population of Watertown, along with the rest of the county is waning, and insular. It is where people make their own justice, during the dark nights of winter. I suggest this judge, familiar with the lay of the land, was more interested in preventing a war and bloodshed over this incident. There is no doubt that there is a faction which sees this girl as evil incarnate, luring a naive young man toward immorality. Bizarre, but that's how it is and it is what we don't see.

Keep in mind, Shakespeare's lurid Romeo and Juliet was based on a true story, of a 13 year old girl in a similar situation, causing the deaths of many young men as well as her own deserved demise. Yeah this stuff happens. Forget your own visions of moral behavior, because when hormones flow, whores moan. Lilith is in every woman, no matter how young, and stupid young men wave flagpoles in response. No different than older men and women, who are merely often more discrete. But not always.

What a beautiful narrative with which to excuse the lack of punishment for the rape of a 13 year old girl. Or to excuse the rape of a 13 year old girl itself. Or to blame the 13 year old girl for the rape of the 13 year old girl. Very well written.

 

[Bodecea]

He entered her illegally.Look at the bus drivers picture.Do you think he's getting laid any other way?

Seen his pic....not a "thug", not a "terrorist", not an "illegal". Obviously just "mentally ill."

 

[Rogue Valley]

Seen his pic....not a "thug", not a "terrorist", not an "illegal". Obviously just "mentally ill."

One need not be "mentally ill" to rape. Just have precious little self-control and scruples.

 

[OldFatGuy]

One need not be "mentally ill" to rape. Just have precious little self-control and scruples.

So much depends on the definition of rape. While I agree with what you say, the truth is in the details, of which we know precious little, regardless of the meaning of truth. I must admit I'm impressed by the diagnoses of mental illness from a photograph. :doh

I think of Nabokov's Lolita, and the question of "Who seduced who?" Or, "Who raped who?" Not so easy to discern.

When I tell my 8 year old granddaughter she looks pretty in pink, she gets this joyous look in her eyes, "I have conquered." God help whatever men she aims at later in her life.