Judge Implies That 14 Year Old Girl Who Cannot Legally Consent to Having Sex Asked for it From A 54 Year Old Teacher

A story by John Bacon of USA Today found at the link below, details how a Montana Judge sentenced a 54 year old former teacher who raped a 14 year old girl to only 30 days in prison, after he was terminated from a sex offender treatment program which permitted a deferred prosecution. The story reports that “District Judge G. Todd Baugh, in sentencing Stacey Rambold on Monday, said victim Cherice Moralez was “as much in control of the situation” as her teacher, referring to Cherice as a troubled youth “older than her chronological age,”” as reported by the Billings Gazette. The Judge apologized and explained that the rape was not “forcible beat-up rape.” While its laudable that the Judge acknowledged his comments were hurtful and wrong, the sentence of 30 days in jail for such a crime against a child speaks for itself and implies that the child consented to this rape even though legally she could not. And the greatest tragedy of the situation is that the young girl took her own life. The impact of this “non-forcible” rape on the short life and untimely death unfortunately cannot be known, but it appears greatly incongruous with a 30 day sentence for the perpetrator who was a 40 –something teacher when this happened and should be held accountable for raping a child and a student.
Contrast this with Delaware’s strong statutorily mandated jail sentences for one who “[i]ntentionally engages in sexual penetration with a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child []” Del. Code Ann. tit. 11, § 778.




A Message to Our Clients About Coronavirus COVID-19:

A Message to Our Clients

Since our founding, Jacobs & Crumplar has represented those injured physically, mentally, and emotionally by companies and the government. We are deeply troubled by the senseless killing of George Floyd and the injustice shown to countless others over the years. Consistent with our tradition, Jacobs & Crumplar stands in solidarity with all those working to eliminate systemic racism and with those who have been victimized by prejudice. Building a better society requires us all to play an active role.