by Patrick H. Moore
In a decision that has deeply offended nearly everyone, in Billings, Montana, District Judge G. Todd Baugh recently sentenced former Billings Senior High School teacher Stacey Rambold, 54, to only 30 days in jail for raping a 14-year-old girl. Bizarrely, in attempting to justify his sentence, the judge stated that the girl, Cherice Moralez, was “older than her chronological age” and “as much in control of the situation” as the teacher.
In an odd twist, the judge sentenced Rambold on Monday Aug. 26 after he was terminated from a sexual offender treatment program that was part of a deal to have his prosecution deferred. Now if this case had been a Federal matter, Rambold would certainly have been required to take part in a sexual offender treatment program while his case was pending. In no way, however, would it have deferred his prosecution. In other words, if this matter had gone Federal, Rambold would have been in treatment prior to being sentenced, but would almost certainly have received a MUCH STIFFER JOLT at sentencing than the paltry 30 days handed down by Judge Baugh. The judge said he wasn’t convinced that the reasons for Rambold’s termination from the treatment program were serious enough to warrant the 10-year prison term recommended by prosecutors.
The outrage in Billings is palpable. A petition for the judge’s censure was drafted and a protest was scheduled for Thursday at Veterans Memorial Park, which adjoins Yellowstone County Courthouse in downtown Billings.
The girl’s mother, Auleia Hanlon, left the sentencing hearing screaming, “You people suck!” In a statement she made Tuesday, she said she no longer believes in justice after Baugh’s sentence and his slut-shaming justification.
“She wasn’t even old enough to get a driver’s license. But Judge Baugh, who never met our daughter, justified the paltry sentence saying she was older than her chronological age. I guess somehow it makes a rape more acceptable if you blame the victim, even if she was only 14.”
Under Montana state law, children younger than 16 cannot consent to sexual intercourse. Thus, the age of consent in that particular mountain state is two years less than it is in many states including California and, I believe, New York
In remarks Judge Baugh made Tuesday, he stated that he stood by his comments that Moralez was a troubled youth who was older than her age when it came to sexual matters. That, however, said the judge, didn’t make Rambold’s sex with Moralez any less of a crime.
“Obviously, a 14-year-old can’t consent. I think that people have in mind that this was some violent, forcible, horrible rape,” Baugh said. “It was horrible enough as it is just given her age, but it wasn’t this forcible beat-up rape.”
According to Baugh, Moralez’s death while the case was pending, complicated matters. After this tragic occurrence, the prosecution and defense reached an agreement that Rambold would enter a sexual-offender treatment. If the former teacher had completed treatment and complied with other conditions, the case would have been closed. Thus, even before Rambold was kicked out of the treatment program, the prosecution had, in effect, agreed to a no-time deal. Therefore, to suddenly turn around and demand a 10-year sentence after he was terminated, does seem, perhaps, disingenuous.
Rambold was terminated from the treatment program last November when it was learned that he had been having unsupervised visits with minors, who were family members, and had not informed counselors that he had been having sexual relations with a woman.
“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,” Baugh said. “No wonder people are upset. I’d be upset, too, if that happened.”
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So, just for a moment, let us set aside our emotions and our outrage in order to determine what would have been a fair outcome in this matter. First of all, let’s examine what actually happened. The deceased 14-year-old was having consensual sex with a man who at the time was around 50 years old. Since the age of consent in Montana is 16, and Cherice Moralez was 14, what we actually have here (notwithstanding that he was actually charged with one count of rape) is an extreme case of statutory rape. This is not — as Judge Baugh pointed out — “forcible beat-up rape.” Rather, it is highly inappropriate consensual sex. What complicated the case, however, as Cenk Uygur of the Young Turks has pointed out, is that due to the victim’s death prior to trial, the prosecution would have had a tough time proving the case against Rambold. This certainly played a huge part in their agreeing to a no-time deal if Rambold completed treatment.
So what would be a fair sentence here keeping in mind that this is not a forcible rape case? Yes, what Rambold did was very creepy and completely wrong, but how much time should it actually result in? While keeping in mind that Rambold’s failure to successfully complete his treatment program does suggest that he has not learned his lesson. Based on all of this, it seems to me that no more than 5 years in prison might constitute reasonable retribution in this very disturbing case.
The judge, instead of senselessly slut-shaming the deceased victim, which was clearly inappropriate and in very bad taste, should have simply carefully explained the circumstances and the fact this was not, and bore little relation to, forcible rape. It is noted that the Judge is running for reelection unopposed in his district.