Montana judge gave no prison time to man who admitted to raping daughter

[mikeymikec]

https://mic.com/articles/156996/montana-judge-gave-no-prison-time-to-man-who-admitted-to-raping-daughter

A Montana man who raped his 12-year-old daughter will do a tiny fraction of his expected time behind bars after a judge suspended what would have been a decades-long prison sentence on Oct. 4. Now, people are petitioning for his impeachment.

According to CBS News, the Glasgow, Montana, man pleaded guilty to incest in 2015. (Mic will not name him to respect the victim's anonymity.) Valley County District Court Judge John C. McKeon gave him a 30-year suspended prison sentence plus 60 days in jail, but credited him for the 17 days he had already served.

In addition to his 43-day jail sentence, the man will have to register as a sex offender and undergo sex offender treatment, but critics of the sentence say that doesn't go far enough.

"A father repeatedly raped his 12-year-old daughter," Deputy Valley County Attorney Dylan Jensen reiterated during the sentencing hearing, according to CBS. Dylan asked for a 100-year prison sentence with 75 years suspended, meaning the man would spend 25 years behind bars.

The recommendation came as part of a plea deal, which applied only to one instance of sexual assault. According to the Glasgow Courier, Jensen acknowledged that the man appeared "contrite" but insisted his actions warranted a more serious punishment.

McKeon, for his part, said his sentencing was appropriate and in line with state law. In a statement to the Associated Press Friday, the judge pointed to a psychosexual evaluation of the man, which found that with treatment and community supervision, he would not be a threat. Those findings excepted him from the state's 25-year mandatory sentence for incest involving a child 12 or younger.

I'm wondering how a psyche evaluation could support the idea that a man who has repeatedly raped his own underage daughter could walk free in such a short period of time. He didn't realise he was raping, maybe? He didn't realise/remember she was his own daughter? He didn't realise/remember she was only 12? Surely any, let alone all of these points to someone who needs to be more carefully considered?

That is a seriously weird story.

 

[Puffnstuff]

He should experience the old 1800's way of dealing with criminals like swinging from the gallows pole on public television. As a matter of fact that judge should be swinging next to him for failing his fiduciary to the people and that child.

 

[PokerGuy]

That is really screwed up. That guy should be taken out back and hung/shot for any number of reasons. Rape is horrible enough by itself that he should be in jail for decades for just that fact alone. Now add that the victim was a 12 year old child, and it makes him crime even worse. Then add that the 12 year old child victim was his daughter, and it's even worse again. How someone could think it's OK to let that monster freely walk the streets with no consequences is beyond me. That judge needs to be removed from the bench......

 

[MustISO]

That's nuts. That judge is clearly crazy.

 

[Exterous]

I was thinking there must be more to the story so I read a few more articles. Apparently its technically a '30 year suspended prison sentence' which means if he violates the terms of his parole he goes to prison for the remainder of his term. Out of curiosity regarding the 'better rehabilitation' statements I looked to see if there were any studies on therapy while incarcerated vs therapy while on parole but I couldn't find any comparisons. That said I did see that many prisons are not capable of the recommended treatments and that, without proper psychological programs, the recidivism rate was 22-27% vs 3.5% for offenders who received treatment. So the Judge could very well be correct that rehabilitation while on parole would be more successful than while incarcerated making it far less likely that he would ruin someone else's life when he was set free in 25 (or less) years. If the maximum allowed by law is 25 years do you do the max and live with a quarter of those sentenced committing more crimes or give an unpopular ruling and have less crimes committed?

 

[MajinCry]

Quite frankly, a man who manipulated his way into a relationship and becoming a parent, so that he would have easy access and control over his own sex slave, is not somebody that I'd let live, let alone trust that he'd do no harm later in his life.

Off with his head. Rapists, sex slavers, sexual abusers 'n' such folk are best put in the ground.

 

[jman19]

Maybe all of those nutters who talk about "second amendment solutions" would be better served pointing their attention here...

 

[PokerGuy]

I was thinking there must be more to the story so I read a few more articles. Apparently its technically a '30 year suspended prison sentence' which means if he violates the terms of his parole he goes to prison for the remainder of his term. Out of curiosity regarding the 'better rehabilitation' statements I looked to see if there were any studies on therapy while incarcerated vs therapy while on parole but I couldn't find any comparisons. That said I did see that many prisons are not capable of the recommended treatments and that, without proper psychological programs, the recidivism rate was 22-27% vs 3.5% for offenders who received treatment. So the Judge could very well be correct that rehabilitation while on parole would be more successful than while incarcerated making it far less likely that he would ruin someone else's life when he was set free in 25 (or less) years. If the maximum allowed by law is 25 years do you do the max and live with a quarter of those sentenced committing more crimes or give an unpopular ruling and have less crimes committed?

You're assuming the guy does something to violate the terms of the suspended sentence. If he doesn't, then he walks away 100% free with no punishment for such a heinous act. I understand that for society overall it makes sense that treatment might result in a lower chance of re-offending later on, but to have him essentially go unpunished for this is absolutely screwed up. They could have put him in jail for 15 years and then suspend the rest of the sentence provided he gets treatment etc (and even that would have been way too light IMO). There's no way such a sick predator should be out on the streets unpunished after doing what he did.

 

[jman19]

I was thinking there must be more to the story so I read a few more articles. Apparently its technically a '30 year suspended prison sentence' which means if he violates the terms of his parole he goes to prison for the remainder of his term. Out of curiosity regarding the 'better rehabilitation' statements I looked to see if there were any studies on therapy while incarcerated vs therapy while on parole but I couldn't find any comparisons. That said I did see that many prisons are not capable of the recommended treatments and that, without proper psychological programs, the recidivism rate was 22-27% vs 3.5% for offenders who received treatment. So the Judge could very well be correct that rehabilitation while on parole would be more successful than while incarcerated making it far less likely that he would ruin someone else's life when he was set free in 25 (or less) years. If the maximum allowed by law is 25 years do you do the max and live with a quarter of those sentenced committing more crimes or give an unpopular ruling and have less crimes committed?

The prison system needs a serious overhaul in that case.

I am all for rehabilitation, something sorely lacking in this country. And against imprisonment for profit which is vile. But there must also be some serious punishment for this filth. This sentence is a slap on the wrist.

 

[PokerGuy]

Maybe all of those nutters who talk about "second amendment solutions" would be better served pointing their attention here...

This guy committed a heinous crime, he deserves to be in jail for life or 6 feet under IMO. Nothing to do with the situation where some people seek to crush the second amendment and others saying those who value their rights need to step up to protect them......

 

[bshole]

https://mic.com/articles/156996/montana-judge-gave-no-prison-time-to-man-who-admitted-to-raping-daughter

I'm wondering how a psyche evaluation could support the idea that a man who has repeatedly raped his own underage daughter could walk free in such a short period of time. He didn't realise he was raping, maybe? He didn't realise/remember she was his own daughter? He didn't realise/remember she was only 12? Surely any, let alone all of these points to someone who needs to be more carefully considered?

That is a seriously weird story.

How many years did Lot get for a roll in the hay with his daughters? God saw no wrong in that act. Is your judgment superior to the creator of the universe?

On a more serious note, it's Montana what the hell did you expect?

 

[Exterous]

You're assuming the guy does something to violate the terms of the suspended sentence. If he doesn't, then he walks away 100% free with no punishment for such a heinous act. I understand that for society overall it makes sense that treatment might result in a lower chance of re-offending later on, but to have him essentially go unpunished for this is absolutely screwed up. They could have put him in jail for 15 years and then suspend the rest of the sentence provided he gets treatment etc (and even that would have been way too light IMO). There's no way such a sick predator should be out on the streets unpunished after doing what he did.

No I'm not and '100% free with no punishment' is not true. He's required to register as a sex offender and I'm pretty sure sex offender registration doesn't expire so that would be similar in either case. From what I've read his movements are restricted and actions are monitored, computer access limited\monitored, rehabilitation treatments required. There are hints at more conditions but nothing else specified.

I'm also not saying this was the idea punishment - just that it appears there is support for the Judge's claim that rehabilitation in the community could be more successful given the confines of legally allowed punishments and statistical numbers on recidivism

 

[PokerGuy]

No I'm not and '100% free with no punishment' is not true. He's required to register as a sex offender and I'm pretty sure sex offender registration doesn't expire so that would be similar in either case. From what I've read his movements are restricted and actions are monitored, computer access limited\monitored, rehabilitation treatments required. There are hints at more conditions but nothing else specified.

I get it, there are some conditions, but we can all agree that given the crime (repeated rape of a 12 year old child), that's essentially nothing.

I'm also not saying this was the idea punishment - just that it appears there is support for the Judge's claim that rehabilitation in the community could be more successful given the confines of legally allowed punishments and statistical numbers on recidivism

I don't doubt that it is possible in some scenarios that rehabilitation in the community could benefit society. This is just the completely wrong circumstance to attempt it. Rehabilitation is good, but there needs to also be actual punishment. If this guy keeps his nose clean going forward (not likely IMO , scumbags tend to do more scumbag things), he gets essentially no punishment.

 

[mikeymikec]

I was thinking there must be more to the story so I read a few more articles. Apparently its technically a '30 year suspended prison sentence' which means if he violates the terms of his parole he goes to prison for the remainder of his term. Out of curiosity regarding the 'better rehabilitation' statements I looked to see if there were any studies on therapy while incarcerated vs therapy while on parole but I couldn't find any comparisons. That said I did see that many prisons are not capable of the recommended treatments and that, without proper psychological programs, the recidivism rate was 22-27% vs 3.5% for offenders who received treatment. So the Judge could very well be correct that rehabilitation while on parole would be more successful than while incarcerated making it far less likely that he would ruin someone else's life when he was set free in 25 (or less) years. If the maximum allowed by law is 25 years do you do the max and live with a quarter of those sentenced committing more crimes or give an unpopular ruling and have less crimes committed?

Valid reasoning IMO, however letting a rapist go who has raped under such extremely deplorable circumstances does send a message saying something like "getting caught raping won't actually make a great deal of difference to your life". I imagine that child rapists in prison get a pretty rough time of it and that must form part of (I've forgotten the word for it so here goes) the reason why a would-be rapist would consider not actually doing it in the first place.

I feel sure that the word I'm looking for starts with R.

 

[glenn1]

Maybe all of those nutters who talk about "second amendment solutions" would be better served pointing their attention here...

So you want gun owners to murder this father, the judge, or both?

 

[mikeymikec]

On a more serious note, it's Montana what the hell did you expect?

I'm from the UK. If I know two things about Montana I'd be surprised.

 

[FerrelGeek]

So you want gun owners to murder this father, the judge, or both?

I was wondering the same thing.

 

[HamburgerBoy]

This is a natural result when people somehow convince themselves that the mentally ill deserve more protection from punishment than less.

EDIT: Freaky, the mother and the pedo's friends and acquaintances were apparently supportive of this sentence too.

 

[WHAMPOM]

https://mic.com/articles/156996/montana-judge-gave-no-prison-time-to-man-who-admitted-to-raping-daughter



I'm wondering how a psyche evaluation could support the idea that a man who has repeatedly raped his own underage daughter could walk free in such a short period of time. He didn't realise he was raping, maybe? He didn't realise/remember she was his own daughter? He didn't realise/remember she was only 12? Surely any, let alone all of these points to someone who needs to be more carefully considered?

That is a seriously weird story.

Hmmm? Is the judge a member of the rapist's club?

 

[zinfamous]

I'm from the UK. If I know two things about Montana I'd be surprised.

It's like Austria, but less culture and more trout.

 

[senseamp]

Did he really admit to sexual assault or was it just locker room talk?

 

[jman19]

So you want gun owners to murder this father, the judge, or both?

Honestly? Neither.

 

[bshole]

It's like Austria, but less culture and more trout.

Jesus, Zin how the hell do you know so much about so many places? Do your spend your life travelling?

 

[zinfamous]

Jesus, Zin how the hell do you know so much about so many places? Do your spend your life travelling?

Well I've only been to Austria once and briefly at that, but it brought to mind this guy:

https://en.wikipedia.org/wiki/Fritzl_case

And outside of Vienna and I guess Salzburg, I hear it's a very rural country with a bunch of redneck farmers.

 

[MongGrel]

I won't write a wall of text, my second well educated wife (Masters Psychology) in the late 80's had been raped by her older brother when she was in her early teens, her mother was aware of it and she hated her mother almost as much as that brother later in life.

We dated about 18 months and she proposed to me actually, but I think she was scarred for life.

The marriage lasted about 6 months, I do not think she ever remarried.

She had trust issues in general in adult life, but I could never fault her for that a lot.