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Friday, April 29, 2016

Judges Who Kept Rapists Out of Prison

Judge G. Todd Baugh and Rapist Stacey Rambold

     In August 2013, after a jury in Billings, Montana found a 49-year-old high school teacher named Stacey Rambold guilty of having consensual sex with a 14-year-old student, Yellowstone County Judge G. Todd Baugh sentenced the defendant to thirty days in jail plus three years probation. The court ordered Rambold to register as a sex offender.

     Rambold's distraught victim, Cherice Moralez, committed suicide during his rape trial.

     According to Judge Baugh, even though the victim was 35 years younger than her rapist, Moralez was "older than her chronological age." The judge considered this a major mitigating factor in the case.

     On the day after his extremely unpopular sentencing of the former teacher, Judge Baugh, in speaking to reporters baffled by his sentence, stood by his ruling. "Obviously," he said, "a 14-year-old can't consent [to sex with an adult]. 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."

     Stacey Rambold served his thirty days behind bars and walked free. Having avoided years in prison for ruining a young girl's life, he was one lucky rapist. The judge later apologized for his "chronological age" comments, and due to the public uproar over his sentencing of the teacher, declined to run for his fifth term in office.

Judge Marie Silveira and Rapist Timothy L. Lyman

     On December 27, 2012, 44-year-old soccer coach Timothy Lyman hosted a party for his players at his Oakdale, California house. The coach provided his young party-goers with vodka and rum. One of his guests, a 16-year-old girl, after having consensual sex with a boy her age in one of Lyman's bedrooms, passed out from the effects of alcohol. She awoke to find her coach performing oral sex on her.

     On November 12, 2013, after Timothy Lyman pleaded no contest to rape, Stanislaus County Judge Marie Silveira sentenced the coach to three years probation. Lyman was also ordered to sign up as a sex offender. The prosecutor and members of the victim's family were shocked and outraged by the judge's light sentence.

     In speaking to reporters after Lyman's sentencing, the victim's father said, "Whoever would do this to a 16-year-old girl is just sick. This has devastated my family. There have been lots of sleepless nights for my daughter and sleepless nights for myself. I'm just sick."

Judge James Woodroof and Rapist Austin Smith Clem

     In 2007, 19-year-old Austin Smith Clem had, on two occasions, forcible sex with 14-year-old Courtney Andrews. The rapes took place in Athens, Alabama. Clem swore the girl to secrecy. Moreover, if she told anyone, he threatened to harm her and her parents.

     Four years later, at age 23, Clem forcibly raped Andrews who was then eighteen. This time she asked a friend to report the assault to her parents.

     In September 2013, the Limestone County jury, after deliberating just two hours, found Austin Smith Clem guilty of two counts of second-degree rape and one count of first-degree rape. On November 13, 2013, Judge James Woodroof sentenced the convicted rapist to a non-custody correctional program designed to make offenders "likely to maintain a productive and law abiding life as a result of accountability, guidance, and direction to services needed."

     Clem, after completing the two year program for "nonviolent, low-level offenders," was placed on probation for three years. He also paid a $2,381 fine, and register as a sex offender.

     In response to Judge Woodroof's sentence, Courtney Andrews told reporters that she was "livid" and afraid for her family. The rape victim's father said this: "We thought justice was finally being served, and although the system was very slow, it was not totally broken. We were forced to hear a judge hand down a light sentence." 

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