54 year old rapes 14 year old gets 30 days (1 Viewer)

[johnnycakes]

I'm kind of curious why she committed suicide though.

Because she was raped?

Because she was embarrassed about having sex with a teacher?

Either, or both, are possible.But I reject the argument being made here by some that a 14 year old girl can be a willing participant in a sexual relationship with a 49 year old man. I don't give a crap how physically developed she is. A 14 year old does not have the maturity to make that sort of decision. There is a reason we call it rape, because that's what it is. I get Hulk's argument that 18 is too old for the cutoff- perhaps it is. Maybe it should be 16, I don't know. But 16 or 18, 14 is still too young. The guy deserves to go to prison for this. This judge is full of ####.

14 y/o girls choose to have sex all the time.

The argument being made is that 14 yo's aren't capable of 'choosing' to have sex.

Please don't bite on Christo's stinky bait. The better argument would be to look at all the countries where the age of consent is 14... more than you might imagine. But, more importantly is the question of when did WE start recognizing ages 16-18 as "legal" ages... I can guarantee you that during puritan times, they didn't have to wait until ages 16-18. Or, for that matter, over the ages... where would humanity be if no one could have sex before age 18? For centuries and centuries in many countries, the start of puberty equaled the age of consent. Now there's some bait to fish with.ETA: Check out this article, for example. By our standards today, women have been raped for centuries. I'm not saying it's right or wrong.. just that's history, and there are more than just a few countries out there, still, that would view sex with a 14 year-old as entirely consensual.

http://chnm.gmu.edu/cyh/teaching-modules/230

 

[timschochet]

The key distinction you guys seem to be missing here, or deliberately ignoring, is that the guy was her teacher. He was in a position of authority. That's what makes it so reprehensible.

Oh and I love the argument that this would be acceptable in the Middle East. In most Muslim countries, you so much as touch someone's unmarried daughter, you're dead.

 

[Cliff Clavin]

The key distinction you guys seem to be missing here, or deliberately ignoring, is that the guy was her teacher. He was in a position of authority. That's what makes it so reprehensible.

No one is disputing that but afaik, that isn't breaking a law. Fired? He damn well should be and should never teach again but unless you can show what law that broke, it really isn't relevant.

 

[timschochet]

The key distinction you guys seem to be missing here, or deliberately ignoring, is that the guy was her teacher. He was in a position of authority. That's what makes it so reprehensible.

No one is disputing that but afaik, that isn't breaking a law. Fired? He damn well should be and should never teach again but unless you can show what law that broke, it really isn't relevant.

It's statutory rape. That's illegal in most places.

 

[Cliff Clavin]

The key distinction you guys seem to be missing here, or deliberately ignoring, is that the guy was her teacher. He was in a position of authority. That's what makes it so reprehensible.

No one is disputing that but afaik, that isn't breaking a law. Fired? He damn well should be and should never teach again but unless you can show what law that broke, it really isn't relevant.

It's statutory rape. That's illegal in most places.

Make up your mind. Are you #####ing about him being a teacher or stat rape? Cause what I quoted was you #####ing about him being a teacher.

 

[johnnycakes]

The key distinction you guys seem to be missing here, or deliberately ignoring, is that the guy was her teacher. He was in a position of authority. That's what makes it so reprehensible.

Oh and I love the argument that this would be acceptable in the Middle East. In most Muslim countries, you so much as touch someone's unmarried daughter, you're dead.

So would you find it just as reprehensible for a 30-something college professor to be tagging an 18+ co-ed student? And for the same reason? Does age have nothing to do with it, or is it just the teacher-student relationship that makes it bad?

 

[The Big Guy]

Are there really people argueing in here for the rapist? Or is it just the fact that a 14 year old was personally willing, just not capable to be legally willing to have consentual sex with someone who could be her grandfather and was in a position of authority over her?

 

[timschochet]

It's both. A 49 year old guy and a 14 year old girl is bad enough and should be illegal by itself. But when you add in the teacher/student relationship it becomes even worse, and his punishment should be even greater IMO.

 

[timschochet]

The key distinction you guys seem to be missing here, or deliberately ignoring, is that the guy was her teacher. He was in a position of authority. That's what makes it so reprehensible.

Oh and I love the argument that this would be acceptable in the Middle East. In most Muslim countries, you so much as touch someone's unmarried daughter, you're dead.

So would you find it just as reprehensible for a 30-something college professor to be tagging an 18+ co-ed student? And for the same reason? Does age have nothing to do with it, or is it just the teacher-student relationship that makes it bad?

of course age is a factor. The ages are important, and the nature of relationship (student-teacher) is important. Why are you guys trying to separate these factors?

 

[johnnycakes]

The key distinction you guys seem to be missing here, or deliberately ignoring, is that the guy was her teacher. He was in a position of authority. That's what makes it so reprehensible.

Oh and I love the argument that this would be acceptable in the Middle East. In most Muslim countries, you so much as touch someone's unmarried daughter, you're dead.

So would you find it just as reprehensible for a 30-something college professor to be tagging an 18+ co-ed student? And for the same reason? Does age have nothing to do with it, or is it just the teacher-student relationship that makes it bad?

of course age is a factor. The ages are important, and the nature of relationship (student-teacher) is important. Why are you guys trying to separate these factors?

Just trying to distinguish between what is legal, what is ethical, and which violation is more reprehensible.

 

[Courtjester]

It's both. A 49 year old guy and a 14 year old girl is bad enough and should be illegal by itself. But when you add in the teacher/student relationship it becomes even worse, and his punishment should be even greater IMO.

Tim is right here (yeah, I just typed that and I did buy Lotto tickets tonight so this could be the night).

It doesn't matter if she is the whore of the town. A 49 year old man in a position of trust (teacher) is expected to know better. It doesn't matter if she is naked on the student desk, a teacher and a man of that age KNOWS better.

I am always one to believe in we need to know the whole story, but in this case, there is no excuse for this. Unless she got him drunk, he passed out, and jumped on him, there is simply no excuse for this. No grey area here---this guy is scum.

 

[Christo]

I'm kind of curious why she committed suicide though.

Because she was raped?

Because she was embarrassed about having sex with a teacher?

Either, or both, are possible.

But I reject the argument being made here by some that a 14 year old girl can be a willing participant in a sexual relationship with a 49 year old man. I don't give a crap how physically developed she is. A 14 year old does not have the maturity to make that sort of decision. There is a reason we call it rape, because that's what it is. I get Hulk's argument that 18 is too old for the cutoff- perhaps it is. Maybe it should be 16, I don't know. But 16 or 18, 14 is still too young. The guy deserves to go to prison for this. This judge is full of ####.

14 y/o girls choose to have sex all the time.

The argument being made is that 14 yo's aren't capable of 'choosing' to have sex.

That's stupid. Of course they are.

 

[Courtjester]

I'm kind of curious why she committed suicide though.

Because she was raped?

Because she was embarrassed about having sex with a teacher?

Either, or both, are possible.

But I reject the argument being made here by some that a 14 year old girl can be a willing participant in a sexual relationship with a 49 year old man. I don't give a crap how physically developed she is. A 14 year old does not have the maturity to make that sort of decision. There is a reason we call it rape, because that's what it is. I get Hulk's argument that 18 is too old for the cutoff- perhaps it is. Maybe it should be 16, I don't know. But 16 or 18, 14 is still too young. The guy deserves to go to prison for this. This judge is full of ####.

14 y/o girls choose to have sex all the time.

The argument being made is that 14 yo's aren't capable of 'choosing' to have sex.

That's stupid. Of course they are.

Correct.

But the laws of the land we live in (though varying a little state by state) indicate that when said 14 year old has sex with an almost 50 year old, it is a crime--There is no possible circumstance other than the 14 year old raping the 50 year old that gets a pass here.

 

[Christo]

I'm kind of curious why she committed suicide though.

Because she was raped?

Because she was embarrassed about having sex with a teacher?

Either, or both, are possible.

But I reject the argument being made here by some that a 14 year old girl can be a willing participant in a sexual relationship with a 49 year old man. I don't give a crap how physically developed she is. A 14 year old does not have the maturity to make that sort of decision. There is a reason we call it rape, because that's what it is. I get Hulk's argument that 18 is too old for the cutoff- perhaps it is. Maybe it should be 16, I don't know. But 16 or 18, 14 is still too young. The guy deserves to go to prison for this. This judge is full of ####.

14 y/o girls choose to have sex all the time.

The argument being made is that 14 yo's aren't capable of 'choosing' to have sex.

That's stupid. Of course they are.

Correct.

But the laws of the land we live in (though varying a little state by state) indicate that when said 14 year old has sex with an almost 50 year old, it is a crime--There is no possible circumstance other than the 14 year old raping the 50 year old that gets a pass here.

But that wasn't the issue here. The issue was his punishment for getting kicked out of the program.

 

[Courtjester]

I'm kind of curious why she committed suicide though.

Because she was raped?

Because she was embarrassed about having sex with a teacher?

Either, or both, are possible.

But I reject the argument being made here by some that a 14 year old girl can be a willing participant in a sexual relationship with a 49 year old man. I don't give a crap how physically developed she is. A 14 year old does not have the maturity to make that sort of decision. There is a reason we call it rape, because that's what it is. I get Hulk's argument that 18 is too old for the cutoff- perhaps it is. Maybe it should be 16, I don't know. But 16 or 18, 14 is still too young. The guy deserves to go to prison for this. This judge is full of ####.

14 y/o girls choose to have sex all the time.

The argument being made is that 14 yo's aren't capable of 'choosing' to have sex.

That's stupid. Of course they are.

Correct.

But the laws of the land we live in (though varying a little state by state) indicate that when said 14 year old has sex with an almost 50 year old, it is a crime--There is no possible circumstance other than the 14 year old raping the 50 year old that gets a pass here.

But that wasn't the issue here. The issue was his punishment for getting kicked out of the program.

Yes, you are right, but it was a defer pros. They took the guilty plea and said do this and he didn't. So he then opened himself up to a lot of the original consequences as if he was found guilty at trial in 2008. I guarantee the Judge advised him of that.

If anything, this is more egregious. He got a chance and still didn't cooperate (regardless if it is technical or not). He knew what was on the line and didn't cooperate. But 30 days is frankly a joke--I see people get close to that for a probation revocation on a misdemeanor Criminal Mischief.

But the real story I think is why are some not questioning why the defer pros was offered in the first place for this guy? Just a thought.....

 

[FUBAR]

Oh and I love the argument that this would be acceptable in the Middle East. In most Muslim countries, you so much as touch someone's unmarried daughter, you're dead.

right, they just force their young daughter to marry the old geezer. That's so much better.

 

[SacramentoBob]

So in a news article I read today, she reported an assault to church officials which is what got the ball rolling on this.

 

[psychobillies]

A pedophile is someone sexually attracted to pre-pubescents, not 14 year olds.

Seriously? I will concede the semantics here, but anybody that is over 40 and has sex with a 14 year old is a sick depraved predator. My daughter is almost 14, and if this happened to her, I would kill the guy. Painfully.

That's neither here not there.

He's right about the pedophilia thing and you're right that perp is a depraved predator.

This. I'm just in a stickler for accuracy mode right now.

Right.

Imagine that you're the beach or the pool and you see a hot girl in a bikini from a distance. A minute later you find out she's your buddy's 14 year old niece and not an adult. That doesn't make one a pedophile.

No, but if you then have sex with her, you are human filth, and as far as I'm concerned, a dangerous child predator.

You're really having this much trouble following this?

What am I missing? This guy was her teacher. He knew how old she was. What you are talking about has nothing to do with this thread.

Just out of curiousity...how many concussions have you had in your lifetime?

I'm not sure.

Care to enlighten me as to what the hell you are talking about? You and I both agreed that this guy is a pervert. You then went on a tangent about somebody's hot 14 year old daughter at a pool. I was trying to point out to you that it has nothing to do with this thread. Not even sure why you brought it up.

 

[Officer Pete Malloy]

A pedophile is someone sexually attracted to pre-pubescents, not 14 year olds.

Seriously? I will concede the semantics here, but anybody that is over 40 and has sex with a 14 year old is a sick depraved predator. My daughter is almost 14, and if this happened to her, I would kill the guy. Painfully.

That's neither here not there.

He's right about the pedophilia thing and you're right that perp is a depraved predator.

This. I'm just in a stickler for accuracy mode right now.

Right.

Imagine that you're the beach or the pool and you see a hot girl in a bikini from a distance. A minute later you find out she's your buddy's 14 year old niece and not an adult. That doesn't make one a pedophile.

No, but if you then have sex with her, you are human filth, and as far as I'm concerned, a dangerous child predator.

You're really having this much trouble following this?

What am I missing? This guy was her teacher. He knew how old she was. What you are talking about has nothing to do with this thread.

Just out of curiousity...how many concussions have you had in your lifetime?

I'm not sure.

OK, conversation over. Take care.

 

[Zow]

Are there really people argueing in here for the rapist? Or is it just the fact that a 14 year old was personally willing, just not capable to be legally willing to have consentual sex with someone who could be her grandfather and was in a position of authority over her?

Nobody is arguing for the rapist. Just trying to chill out the angered masses who are overreacting from one news article about a case and its applicable laws of which they no nothing about .

 

[Zow]

A law school classmate of mine is a superior court judge now because he decided to run for election against a sitting judge who was a moron and whose inept ruling denying a restraining order resulted in a murder-suicide. I hope that happens here.

Me too. After 30 years on the bench, Baugh needs to hang it up after this debacle.

at making the basis for one judge's entire job on the bench to be one article about one case he did.

Do you think this sort of ruling happens in isolation? He just had a bad day? A bad case of indigestion was to blame?

I'm not even of the opinion that his decision is a bad one. If he ordered this guy to do 30 days as a punishment for a technical violation of his probation, that's a pretty standard level of punishment for that. People are confusing this result with the idea that the only punishment this judge has ordered for this defendant was 30 days jail. That's just not the case.

But nonetheless, I'm sure every good judge has one sentence she'd like to do over again. There are also certain judges who just get a little wonky on one type of case.

 

[StrikeS2k]

Judge orders new hearing in Montana rape case

MATTHEW BROWN
BILLINGS, Mont. (AP) — A Montana judge under fire for his comments about a 14-year-old victim in a schoolhouse rape case has ordered a new sentencing hearing for the former teacher who received just 30 days in prison for the crime.
In setting the hearing for Friday afternoon, District Judge G. Todd Baugh said Tuesday that state law appears to require a two-year mandatory minimum prison term for Stacey Rambold, 54, of Billings.

Rambold last week was sentenced to 15 years with all but 31 days suspended and a one-day credit given for time-served. He began serving his monthlong term last week at the state prison in Deer Lodge.

"In the Court's opinion, imposing a sentence which suspends more than the mandatory minimum would be an illegal sentence," Baugh wrote.

But in a strange twist, Yellowstone County Attorney Scott Twito said Baugh may lack authority to impose a longer sentence at this point. That's because state law says an illegal sentence must be handled through the appeal process.

The judge has faced widespread condemnation from women's rights activists, elected officials and others for the light sentence and for saying Rambold's 14-year-old victim, Cherise Moralez, was "older than her chronological age" and asserting that she had some control over her months-long relationship with Rambold.

The judge later apologized for his comments, although activists who have called for him to resign said an apology is not enough.

Moralez killed herself before Rambold's case came to trial. That left prosecutors without their main witness and led them to strike a deal with Rambold that allowed him to avoid prison until he violated the terms of his court-ordered release.

Court records show the sentence Baugh handed down was in line with what Rambold had requested.

Prosecutors, who had sought 20 years prison with 10 years suspended, already were considering an appeal, citing the two-year minimum requirement.

Twito said he planned to be in Baugh's courtroom Friday but was unsure how the hearing might play out given that state law says illegal sentences must be addressed through an appeal.

"I've done this a long time and I'm in an area I have not been in before," said Twito, now in his 16th year as a prosecutor.

If his reading of the law stands up, that could give the defendant the advantage in Friday's hearing.

Twito said members of his office, along with Rambold's defense attorney, Jay Lansing, met informally with Baugh last week to discuss the case.

Baugh said in Tuesday's order that the defendant's presentencing memorandum claimed the minimum mandatory for sexual intercourse without consent was 30 days, and the state did not object until after the sentence was handed down.

Lansing could not be immediately reached for comment Tuesday.

Twito said his office will continue to pursue a possible appeal if the sentence remains unchanged. A final decision would be made in conjunction with the appellate division of the Montana attorney general's office.

Hundreds of protesters rallied outside the Yellowstone County Court House last week to call for Baugh's resignation. News of Friday's hearing in the case did little to sway those critics.

"The judge cannot take back the words he said when he blamed the victim. As far as we're concerned, Judge Baugh has lost the trust of this community," said Eran Thompson with Not in Our Town, a Billings group that promotes diversity and works against hate crimes.

The 71-year-old judge was first elected to the bench in 1984 and has been re-elected every six years since without an opponent. He's up for re-election in 2014.

Baugh said in response to the criticism that Rambold's sentence was based on the defendant's violation of an earlier deal he made with prosecutors, rather than the original crime. He also claimed that his remarks about Moralez were "irrelevant" and did not factor into his sentence.

 

[fatness]

Judge Baugh back in the news again.

A 27-year-old felon who has been in and out of state custody since age 14 is now facing eight years in Montana State Prison for violating terms of his release and six months in the county jail for fracturing his girlfriend’s face in three places.

Pacer Anthony Ferguson appeared in Yellowstone County District Court twice on Monday.

He appeared first before District Judge G. Todd Baugh for sentencing on a recent misdemeanor assault conviction for punching his girlfriend.

Baugh gave Ferguson the maximum allowed sentence of six months in the county jail, with credit for seven days served. He also ordered Ferguson to write “boys do not hit girls” 5,000 times. He told Ferguson to number the list, sign it and mail it to him by May 23.

Ferguson also has to pay more than $3,800 in restitution for his victim’s medical bills.

He admitted in court that he punched his girlfriend in the face during an argument on Aug. 24, 2012, fracturing her skull in three places. A surgeon implanted a permanent mesh titanium plate in the victim’s face to repair the damage.

The woman testified during a four-day trial that ended Dec. 12 that she still suffers double vision when she looks up or down and that she has occasional pain and numbness in her face.

http://billingsgazette.com/news/local/crime-and-courts/man-who-hurt-girlfriend-gets-total-of-years-prison-must/article_a2aec05b-a2eb-5b1e-bee4-6a1df01442ee.html

 

[FlapJacks]

Who in the heck does he think he is? Roman Polanski?

 

[fatness]

Yellowstone County District Court Judge G. Todd Baugh said Monday that he plan to retire at the end of this year. Baugh said he will not file to retain the seat he's held since he was first sworn in as a District Court judge in January 1985.

Baugh said his decision to to retire is unrelated to the recent controversy involving former high school teacher Stacey Rambold. Baugh came under fire last year when he ordered Rambold to serve 15 years, with all but 31 days suspended, for the rape of a 14-year-old student who later committed suicide.

A complaint is pending before the state Judicial Standards Commission, and Baugh recently admitted to the commission that he violated the judicial ethics code in the case.

http://www.krtv.com/news/judge-baugh-will-retire-at-end-of-2014/

 

[fatness]

Update.

The judicial standards commission isn't done with Judge Baugh.

A prosecutor for the state's judicial oversight board has accused Judge G. Todd Baugh of imposing an “overly lenient and unlawful sentence” that “eroded public confidence in the judiciary.”

The Montana Judicial Standard Commission’s formal charge against Baugh of Yellowstone County was announced Tuesday after the panel received hundreds of complaints about him, including eight that were formally filed.

Baugh generated outrage in August after sentencing high school teacher Stacey Dean Rambold to 15 years in prison with all but one month suspended. Rambold had pleaded guilty to one count of sexual intercourse without consent and had been kicked out of a sexual offender treatment program for breaking rules.

During the hearing, Baugh blamed Rambold’s 14-year-old victim, who committed suicide before the case went to trial. He also told reporters that the rape was “horrible enough as it is just given her age, but it wasn't this forcible beat-up rape.”

The sentence was illegal because Montana law requires a mandatory minimum of two years in prison for such a crime, prosecutor Malin Stearns Johnson said in the complaint. Baugh later tried to correct the oversight, but the Montana Supreme Court blocked that move because he had no authority to change his own sentence.

In addition, Montana law involving sex with children under the age of 16 requires evaluation of victims based on age alone, Johnson said. Subjective views about physical maturity and situational control cannot be taken into account.

 

[SacramentoBob]

I think we've found tim's day job now.

 

[Apes with Guns]

Update.

The judicial standards commission isn't done with Judge Baugh.

A prosecutor for the state's judicial oversight board has accused Judge G. Todd Baugh of imposing an “overly lenient and unlawful sentence” that “eroded public confidence in the judiciary.”

The Montana Judicial Standard Commission’s formal charge against Baugh of Yellowstone County was announced Tuesday after the panel received hundreds of complaints about him, including eight that were formally filed.

Baugh generated outrage in August after sentencing high school teacher Stacey Dean Rambold to 15 years in prison with all but one month suspended. Rambold had pleaded guilty to one count of sexual intercourse without consent and had been kicked out of a sexual offender treatment program for breaking rules.

During the hearing, Baugh blamed Rambold’s 14-year-old victim, who committed suicide before the case went to trial. He also told reporters that the rape was “horrible enough as it is just given her age, but it wasn't this forcible beat-up rape.”

The sentence was illegal because Montana law requires a mandatory minimum of two years in prison for such a crime, prosecutor Malin Stearns Johnson said in the complaint. Baugh later tried to correct the oversight, but the Montana Supreme Court blocked that move because he had no authority to change his own sentence.

In addition, Montana law involving sex with children under the age of 16 requires evaluation of victims based on age alone, Johnson said. Subjective views about physical maturity and situational control cannot be taken into account.

hmmm...i don't think he was really clear on the...ummm...law.

 

[Zow]

Interesting update. Sounds like he may have violated the sentencing guidelines initially.

 

[Lutherman2112]

EX-MONTANA TEACHER TO BE RE-SENTENCED IN RAPE CASE
By MATTHEW BROWN
— Apr. 30, 2014 12:18 PM EDT

BILLINGS, Mont. (AP) — The Montana Supreme Court on Wednesday overturned a one-month sentence that was widely condemned as too lenient for a former high school teacher convicted of raping a 14-year-old student.

The court ordered a new judge to re-sentence defendant Stacey Dean Rambold, who has been free since completing the previous term last fall.

Yellowstone County Attorney Scott Twito said that according to state sentencing laws, the decision means Rambold must serve a minimum of two years in prison.

The high court's decision cited in part the actions of District Judge G. Todd Baugh, of Billings, who suggested the young victim shared responsibility for her rape because she had some control over the situation.

Rambold's attorney, Jay Lansing, was traveling and not immediately available, his office said.

State prosecutors said Rambold should have received a minimum of two years under state law.

Baugh relied on a different section of the same statute when he gave the defendant 15 years with all but 31 days suspended and a one-day credit for time served. Rambold was required to register as a sex offender and was to remain on probation through 2028.

A disciplinary complaint against Baugh from the Judicial Standards Commission is pending with the state Supreme Court. Justices said that will be dealt with separately.

Baugh sparked outrage when he commented that victim Cherice Moralez was "older than her chronological age."

The teen committed suicide in 2010 before Rambold went to trial.

Rambold went before Baugh in August after he violated a deferred-prosecution agreement by getting booted out of a sex-offender treatment program.

Baugh appeared to show sympathy for the defendant and agreed with Lansing's recommendation that Rambold receive a 15-year sentence with all but one month suspended. Prosecutors had sought a 20-year term with 10 years suspended.

Baugh also made comments pinning some of the responsibility in the case on Moralez, whom the judge described as "older than her chronological age."

The disciplinary complaint pending before the high court would have Baugh removed from the bench for alleged bias.

 

[Clifford]

Good to see there is some check on judges. And this guy will see more time in prison.

 

[Cliff Clavin]

So it turns out she didn't look 20?

 

[Christo]

Good to see there is some check on judges. And this guy will see more time in prison.

You weren't aware of appellate courts before now?

 

[joffer]

http://thinkprogress.org/justice/2014/06/05/3445295/montana-high-court-orders-suspension-public-reprimand-for-judge-who-called-rape-victim-in-control/?preview=true

Judge G. Todd Baugh

CREDIT: MATT BROWN / AP

The Montana high court has ordered public reprimand and a suspension for violations of judicial ethics by the judge who said a 14-year-old rape victim was “in control” and “older than her chronological age.”

“There is no place in the Montana judiciary for perpetuating the stereotype that women and girls are responsible for sexual crimes committed against them,” the Montana Supreme Court concluded, holding that Judge G. Todd Baugh violated ethics rules.

Last year, Judge G. Todd Baugh sentenced former teacher Stacey Dean Rambold to just 31 days in jail, suspending the remainder of what would have been a 15-year prison sentence, for raping his 14-year-old student. This sentence was later overturned. But the controversy didn’t end there. Baugh explained his sentence by saying that the victim was a “youth that was probably as much in control of the situation as [Rambold], one that was seemingly, though troubled, older than her chronological age.” Baugh explained his sentence to the press by saying, “t was horrible enough as it is just given her age, but it wasn’t this forcible beat-up rape.” The girl’s family said emotional distress from the crime led her to commit suicide. After more than 30,000 people called for his resignation, later apologized for the comments as well as the sentence.

The Montana Supreme Court noted in its ruling Wednesday that Baugh not only made inappropriate public comments but also issued an unlawful sentence. Baugh had consented to judicial ethics violations and agreed to public censure. But the court held that he should also be subject to a 31-day suspension for his violations.

“Judge Baugh’s comments in open court in this case disregarded longstanding Montana law that a person under the age of 16 is legally incapable of consenting to sexual intercourse,” the majority held, over the dissent of one justice.

In a separate case months later, Baugh sentenced a man convicted of punching his girlfriend to write “boys don’t hit girls” 5,000 times. And in an Alabama case that also generated national attention, a judge sentenced a man to probation and no jail time for raping a teen.

Baugh has 15 days to appeal the suspension and/or withdraw his earlier consent to censure, after which the punishment will go into effect. After public outcry, Baugh announced he does not plan to run for re-election when his term ends in December.

Tags: Judiciaryrape

 

[Clifford]

31 day suspension? So the high court found that this guy issued an illegal sentence, and that his questionable ethics were bad enough to merit public censure, so they ruled he couldn't preside for an entire month?

 

[Henry Ford]

31 day suspension? So the high court found that this guy issued an illegal sentence, and that his questionable ethics were bad enough to merit public censure, so they ruled he couldn't preside for an entire month?

That's one of the stronger censures I've seen against a judge.

 

[SaintsInDome2006]

The 71-year-old judge was first elected to the bench in 1984 and has been re-elected every six years since without an opponent. He's up for re-election in 2014.

So he's already been elected 5 times.

And never once had an opponent.

And nobody saw this coming? He's never, ever had a wacked decision like this before?

The Montana media has most likely been allowing him to get away with crazy decisions for years by not reporting. And so has the state and local bar because no one will oppose him. Will someone run against him this time? Let's hope so.

 

[Freelove]

I live near Montana and, if I ever have a daughter, I'm probably not living in Montana.

Just don't raise a daughter who at 14 wants to have sex with 54 y/o guys and you're probably not going to be involved in a situation like this.

I sure hope you have a link to back this claim up, because otherwise it's a pretty disgusting comment given the fact that she committed suicide.

How about the OP:

The judge claimed Moralez was “as much in control of the situation” as her 49-year-old teacher. He added the girl was “older than her chronological age.”

Yep. he said that, and it's a big part of why so many people find this story so infuriating, given the fact that she committed suicide. Not you though, apparently, huh, Christo? You read what the judge said and assume that the 14 year old girl must have been asking for it, right?

The judge didn't just dream it up. He made his ruling based upon the evidence presented to him. You may disagree with the sentence he imposed. But it didn't come out of thin air. 14 y/o girls don't get seduced by 54 y/o men unless they come from a ####ed up home. The fact that she committed suicide doesn't mean she did it just for the reason you assume.

Oy vey.

 

[Christo]

I live near Montana and, if I ever have a daughter, I'm probably not living in Montana.

Just don't raise a daughter who at 14 wants to have sex with 54 y/o guys and you're probably not going to be involved in a situation like this.

I sure hope you have a link to back this claim up, because otherwise it's a pretty disgusting comment given the fact that she committed suicide.

How about the OP:

The judge claimed Moralez was “as much in control of the situation” as her 49-year-old teacher. He added the girl was “older than her chronological age.”

Yep. he said that, and it's a big part of why so many people find this story so infuriating, given the fact that she committed suicide. Not you though, apparently, huh, Christo? You read what the judge said and assume that the 14 year old girl must have been asking for it, right?

The judge didn't just dream it up. He made his ruling based upon the evidence presented to him. You may disagree with the sentence he imposed. But it didn't come out of thin air. 14 y/o girls don't get seduced by 54 y/o men unless they come from a ####ed up home. The fact that she committed suicide doesn't mean she did it just for the reason you assume.

Oy vey.

Ya got me. It happens all of the time.

 

[fatness]

The 71-year-old judge was first elected to the bench in 1984 and has been re-elected every six years since without an opponent. He's up for re-election in 2014.

So he's already been elected 5 times.

And never once had an opponent.

And nobody saw this coming? He's never, ever had a wacked decision like this before?

The Montana media has most likely been allowing him to get away with crazy decisions for years by not reporting. And so has the state and local bar because no one will oppose him. Will someone run against him this time? Let's hope so.

Baugh has apologized for his actions and said he plans to retire when his term expires in December after three decades on the bench.

http://www.cbsnews.com/news/judge-who-sentenced-rapist-to-30-days-faces-suspension/

 

[fatness]

The Montana Supreme Court on Tuesday denied a former teacher's request to reconsider a ruling that's likely to send him back to prison to serve more time for the rape of a 14-year-old student.

Attorneys for Stacey Dean Rambold had asked the court for a new hearing to press their case that the one month he already served in Montana State Prison was sufficient.

Rambold pleaded guilty last year to a single count of sexual intercourse without consent. The judge who sentenced him drew widespread condemnation for suggesting the victim shared responsibility for her rape.

Rambold was 47 years old at the time. The girl, a student in Rambold's class at Billings Senior High School, committed suicide while the case was pending trial.

After prosecutors from the state Department of Justice appealed, the high court ruled unanimously in April that Rambold's original sentence was illegal under a state law that says he should have served a minimum of two years.

Rambold's lawyers filed a petition seeking a new hearing in May, arguing in part that it was appropriate for court to factor the girl's conduct into his sentence.

Tuesday's brief, one-paragraph order said the legal issues raised by Rambold already were addressed in the court's April ruling. Under Montana law, children under 16 cannot consent to sexual intercourse.

Department of Justice spokesman John Barnes said the agency was pleased that the court denied the request for a new hearing.

Rambold has been free since last fall after serving out his original sentence — 15 years in prison with all but one month suspended — from state District Judge G. Todd Baugh. After his release, Rambold registered as a sex offender and was to remain on probation through 2028.

A new judge will be selected to resentence him.

http://bigstory.ap.org/article/court-rejects-hearing-teacher-rape-case

 

[fatness]

Yellowstone County District Court Judge G. Todd Baugh wrote this week that he will not fight what he described as the "unwarranted" punishment imposed against him by the Montana Supreme Court.

The statement came in a four page document from Baugh filed Friday, ahead of the Monday deadline the state's high court set for the judge to decide whether to accept a 30-day suspension and public censure ordered against him for his handling of the Stacey Rambold rape case.

While Baugh told the justices in the response that he would not withdraw a previous letter of consent to accept the punishment, he criticized others involved in the case, including the attorneys, the media and the Supreme Court justices themselves who he said ordered a much stiffer penalty than was recommended by the Judicial Standards Commission.

Judge Baugh's feeling a little violated I guess. http://www.krtv.com/news/baugh-calls-punishment-unwarranted-but-won-t-fight-mt-supreme-court/

 

[fatness]

A former high school teacher in Montana, who was convicted of raping a 14-year-old student seven years ago was resentenced on Friday.

Stacey Dean Rambold made national headlines last fall when a judge sentenced him to just 31 days in prison for the rape of 14-year-old Cherice Moralez.

On Friday, Judge Randall Spaulding gave Rambold a stiffer sentence for abusing his power as Cherice’s teacher.

“You should be and you are sentence to 15 years at the lock down state prison. However, I will suspend five of those years.

http://kfor.com/2014/09/27/judge-sentences-teacher-convicted-of-rape-to-31-days-in-prison-for-crime-now-facing-more-time/

 

[grateful zed]

come to vacation, just dont move here.

 

[AAABatteries]

Laws for the act of rape need to be somewhat harsh so that these kind of events don't ever happen. If a person is guilty of a rape, hiring a defense attorney may give him chance to prove his fake innocence in front of the jurisdiction. Rape defense lawyers can sometimes help in lowering the penalty for a person involved in a rape incident.

You should see if Bill Cosby will hire you. You seem smart.