Montana Supreme Court Overturns One-Month Sentence in Rape Case

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Protesters gathered on the Yellowstone County Courthouse lawn in Billings, Mont. Thursday Aug. 29, 2013, calling for the resignation of a state judge over comments he made about the teenage victim in a rape case.

Image: Matt Brown/Associated Press

By Ann-Marie Alcántara2014-05-01 00:47:57 UTC

The Montana Supreme Court ruled Wednesday that Stacey Dean Rambold must be re-sentenced by a new judge in the case of raping a 14-year-old. The former high school teacher was convicted of one count of sexual intercourse without consent in August — the judge at the time sentenced him to 30 days in jail.

“[This new decision] rebuff[s] attempts to place blame on a child victim of this horrible crime,” said Attorney General Tim Fox, according to the AP, who filed an appeal of the case.

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The decision means that Rambold will have to be sentenced with at least two years in prison, the state minimum.

Montana District Judge G. Todd Baugh reads a statement in his Billings courtroom on Friday, Sept. 6, 2013, explaining his 30-day sentence for a teacher who raped a student.

Image: Matthew Brown/Associated Press

The case sparked national outcry after Rambold was sentenced to 30 days in jail and the judge presiding over the case, District Judge G. Todd Baugh, made controversial comments in his ruling.

Baugh said that the 14-year-old victim “appeared older than her chronological age,” and “was probably as much in control of the situation as the defendant,” according to the Associated Press.

Montana state law states that anyone under age 16 can’t consent to sexual intercourse, further calling the motives behind the lenient sentencing into question.

Baugh later apologized, telling the Associated Press, “I shouldn’t have said that ... I don’t contest the appearance of impropriety.” The Montana Judicial Standards Commission filed a complaint over the comments with the Montana State Supreme Court, so Baugh may yet face consequences for violating judicial ethics.

The rape itself occurred in 2007 when the then 47-year-old Rambold assaulted 14-year-old Cherice Moralez, who later committed suicide in 2010 before she could testify.

After Rambold violated his initial sentence, by failing to complete a sex-offender treatment program, the case was brought back to court. Baugh gave Rambold the 30-day sentence, required him to register as a sex offender and remain on probation till 2028. Prosecutors had asked for a minimum of up to 20 years in jail.

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Topics: Cherice Moralez, montana, montana supreme court, stacey dean rambold, U.S., US & World