More than 3,450,000 pageviews from 150 countries


Wednesday, September 23, 2015

Judge G. Todd Baugh Blamed 14-Year-Old Rape Victim

     Police in Billings Montana in 2008 arrested 49-year-old Stacey Dean Rambold, a teacher at the local high school. Rambold stood accused of having a sexual relationship with Cherice Morales, a 14-year-old student. A Yellowstone County prosecutor charged Rambold with three counts of sexual intercourse without consent. (By law, a person under the age of 16 cannot consent to sex with an adult. In some states the crime is called statutory rape.)

     In 2004, administrators at Billings Senior High School had warned Rambold against touching or being alone with female students.

     Cherice Morales, just before her 17th birthday in 2010, committed suicide. At the time of this troubled girl's death, the criminal case against her former teacher was pending. The girl's mother, Auliea Halon, sued the the school district for wrongful death. The case was quickly settled for $91,000.

     The Yellowstone County prosecutor, as a result of Morales' suicide, offered Stacey Rambold a deal. If he confessed to one count of sexual intercourse without consent, and promised to enter a sex offender treatment program, the charges would be dropped. Rambold accepted the offer.

     In August 2012, Rambold began skipping meetings with his counselors, and didn't tell them about unsupervised visits he was having with girls. In November, the head of the sex treatment facility kicked him out of the program. When Deputy Chief Yellowstone County prosecutor Rod Souza learned that Rambold had violated the terms of their agreement, he refiled the original charges against the former teacher.

     Rambold's attorney, Jay Lansing, told reporters that the girls Rambold had visited without supervision were members of his family. Moreover, his client had enrolled in another sex treatment program.

     On August 26, 2013, the Rambold case came before 66-year-old District Court Judge G. Todd Baugh. Before being elected to the bench in 1985, Baugh had served as a federal magistrate. Prior to that, he practiced law in Billings. The judge was currently running, unopposed, for his fifth term on the bench.

     In September 2011, Judge Baugh had sentenced a 26-year-old defendant to 50 years in prison for the rape on an 11-year-old girl. A year later he sent a man to prison for 25 years for possessing child pornography. Judge Baugh did not have a reputation for going easy on sex offenders.

     At the Rambold hearing, Judge Baugh dismissed the refiled charges against the defendant. The judge said that Rambold's being kicked out of the sex program did not justify the refiling of the 2008 sexual intercourse without consent charges. The remaining issue before the judge involved Rambold's sentence based upon his 2010 admission of guilt on the single count of sexual intercourse without consent.

     Yellowstone County Chief Deputy prosecutor Rod Souza proposed a 20 year sentence with 10 years suspended. Defense attorney Jay Lansing suggested that because Rambold had lost his job, his license to teach, his house and his wife, he had been punished enough. Attorney Lansing asked Judge Baugh to suspend all but 30 days of a 15-year sentence. The attorney pointed out that Mr. Rambold had continued his sex rehabilitation program with another treatment facility.

     Judge Baugh said that he had reviewed the videotaped police interviews of Cherice Morales. From this he had concluded that even though the victim was 35 years younger than her teacher, she was "as much in control of the situation" as the defendant. Judge Baugh said that the 14-year-old was "older than her chronological age." The judge considered this a major mitigating factor in the case.

     Judge Baugh suspended all but 30 days of Rambold's 15-year sentence. After spending a month in jail, the former teacher would be on probation for 15 years. He would also have to register as a sex offender.

     Upon hearing this sentence, the dead girl's mother, Auilea Hanlon, stormed out of the courtroom. When she spoke to reporters after the hearing, Hanlon said, " I guess somehow it makes a rape more acceptable if you can blame the victim, even if she was only fourteen."

     In a matter of  hours following the sentence, local citizens were signing an online petition that called for Judge Baugh to resign. Marion Bradley, the director of the Montana National Organization for Women, told reporters that "Rape is rape. She was 14-years-old, and she was not an age where she could give consent, and he groomed her like any pedophile. Unless we show our outrage, none of our children are safe."

     On the day following his controversial and extremely unpopular sentencing of the former high school teacher, Judge Baugh, in speaking to reporters, stood by his ruling. "Obviously," he said, "a 14-year-old can't consent. I think that people have in mind that this was some violent, forcible, horrible rape. It was horrible enough as it is, just given her age, but it wasn't this forcible beat-up rape. I think what people are seeing is a sentence for rape of 30 days. Obviously on the face of it, if you look at it that way, it's crazy. No wonder people are upset. I'd be upset, too, if that happened."

     The next day, Judge Baugh conceded that he deserved to be criticized for his "chronological age" comment. He apologized for that but it was too late for apologies.

     Yellowstone County Attorney Scott Twito, in responding to Judge Baugh's sentence, said, "I have no legal authority whatsoever to appeal a sentence handed down by a judge."

     As of August 29, 2013, the day hundreds of anti-Baugh demonstrators gathered in Billings to protest the sentence, the online petition calling for the judges' resignation had collected 26,350 signatures.

     Stacey Rambold was released from jail in September 2013. He would be on probation until August 2028.

     In July 2014, the Montana Supreme Court censured Judge Baugh for the remarks he made about the 14-year-old rape victim.

     Having decided not to run for a fifth term, Baugh, at the end of his term in December 2014, retired from the bench. He told a skeptical media that his retirement had nothing to do with the Rambold sentence and the state supreme court censure.

     In April 2015, the former judge's critics, and there were many, were stunned to learn that the Yellowstone Area Bar Association had awarded G. Todd Baugh a lifetime achievement award.
     

No comments:

Post a Comment