Man admits to raping 14 year old, gets probation

[ktgrok]

I wish I could be shocked. https://www.usatoday.com/story/news/nation/2019/04/29/new-york-school-bus-driver-no-jail-time-rape/3622221002/

26 yr old bus driver got a 14 year old drunk and raped her, admitted to doing it, and got 10 years probation. No jail time, is labeled the lowest level sex offender, and will not have his full information on the sex offender databas. Why the lack of jail time? Because he'd never been arrested before, and he only raped one girl. 

This is rape culture. This is why women don't report. This is sickening. 

[Aura]

I have no words....just anger, a lot of anger

[hjffkj]

this is absolutely digusting but sadly not surprising

[Corraleno]

And there are black mothers in prison right now for trying to get their kids into a better school district or voting while ineligible (after being given incorrect information by a clerk). So it's fine to utterly destroy the lives of black mothers and children, but we sure wouldn't want to ruin the life of a white guy who raped a child. 🤬 🤬 🤬

[EmseB]

I have to think this is a statutory case? Isn't that what 3rd deg rape is?

It's still awful and gross, but I do not understand how he could only be charged with 3rd deg rape (no kidnapping?!) no assault, etc. Like the corruption would have to go from the prosecutor on up to the judge. I'm not saying that couldn't happen but the guy does not look like the type that exactly evokes sympathy from anyone or has any standing in the community to get special favors.

ETA: is it even possible to have it be statutory between 14 and 26yo? That seems like a huge gap.
 

Edited April 30, 2019 by EmseB

[Katy]

2 hours ago, EmseB said:

I have to think this is a statutory case? Isn't that what 3rd deg rape is?

It's still awful and gross, but I do not understand how he could only be charged with 3rd deg rape (no kidnapping?!) no assault, etc. Like the corruption would have to go from the prosecutor on up to the judge. I'm not saying that couldn't happen but the guy does not look like the type that exactly evokes sympathy from anyone or has any standing in the community to get special favors.

ETA: is it even possible to have it be statutory between 14 and 26yo? That seems like a huge gap.
 

 

I think so. The age of consent in NY is 17, and even if she was 17 instead of 14 she couldn't have given consent if she had alcohol in her system.

[gstharr]

"Piche was arrested Sept. 5, 2018. He was charged with second-degree rape, first-degree unlawfully dealing with a child and endangering the welfare of a child.

As the Daily Times reported, Piche pleaded guilty on Feb. 21 to a lesser charge of third-degree rape."

       An open plead to the court (trial judge) would have required him to plea to all charges.  However, an additional count of 3rd degree rape, or statutory rape under N.Y. law, was added.  The District Attorney would have had to agree to dismiss other counts for him to have pleaded guilty to the single count.  In other words, trouble with the case: the girl might not have cooperated, or might not even be around,  since there are no statements from the girl in any news report.   Also, while the mother gave the press a victim impact statement, the press reports that it  was not read in court?!  Not read in court means it was most likely not given to the judge.  Also, where is mother at the sentencing.  These are public hearings everywhere. Victims, and certainly the mother of minor , in every U.S. court would be allowed to testify on impact.  In the video's I've seen, no victim or family members in court?   While the headlines read that he "admitted to "RAPE" , conjuring up the vilest sense,  he only pleaded guilty to 3rd degree/ staturory rape, with the District Attorney's permission.  The sentence range is significantly less what the term rape would imply.    This is no means on my part to excuse the perp or the judge in this case. Just attempt of trying to understand the lack of victim or her family in court. 

 

[EmseB]

1 hour ago, Katy said:

 

I think so. The age of consent in NY is 17, and even if she was 17 instead of 14 she couldn't have given consent if she had alcohol in her system.

Right, I meant it the other way. Like what age is too young for it to be statutory rape and not just rape-rape? Why would he even be able to plead to statutory rape with an age discrepancy that large and her just barely being a teenager?

I have known more than one 14yo girl who drank and "dated" older men (like out of high school, but maybe not 26 or older), but it always seemed so gross and just like the men were gambling with their lives to do that sort of thing. Not to mention taking advantage of obviously troubled girls.

[gardenmom5]

we've had some cases here (haven't made national news), where the city and the prosecutors dont' want them locked up.   the prosecutor is now going after the judge who locked up a mentally ill homeless guy (6'4", 240lbs), with 72 convictions (including assault) - because the last time he was arrested (in january) he was trying to throw a woman (who happened to just be walking past on her way to work) off an overpass over a very busy freeway. there was another guy who was able to stop the attack.  he'd previously assaulted (and could easily have killed) someone back in oct - and he was out in under a week.

there are definitely judges who have no place on the bench - but sometimes you need to look underneath at the jurisdictions where they reside.

[mom2scouts]

I saw that story and had to read it multiple times because I kept thinking I must be missing something important. No jail time at all?

[Mimm]

"Why don't women report it?"

Anyone intellectually honest needs to ask why women ever bother to report a rape. 😞

[Katy]

2 hours ago, EmseB said:

Right, I meant it the other way. Like what age is too young for it to be statutory rape and not just rape-rape? Why would he even be able to plead to statutory rape with an age discrepancy that large and her just barely being a teenager?

I have known more than one 14yo girl who drank and "dated" older men (like out of high school, but maybe not 26 or older), but it always seemed so gross and just like the men were gambling with their lives to do that sort of thing. Not to mention taking advantage of obviously troubled girls.

 

I honestly don't know.  I'm guessing something more like 10.  I would think given that he worked for the school district that whatever the normal requirements are wouldn't apply and he would get harsher sentencing, not none.

[ChocolateReignRemix]

9 minutes ago, Katy said:

 

I honestly don't know.  I'm guessing something more like 10.  I would think given that he worked for the school district that whatever the normal requirements are wouldn't apply and he would get harsher sentencing, not none.

Varies by state but 12 is a common cut off.  For example, Alabama: Sexual abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.

https://law.justia.com/codes/alabama/2013/title-15/chapter-20a/section-15-20a-5

 

Edited April 30, 2019 by ChocolateReignRemix

[ChocolateReignRemix]

For those questioning the sentence, the defendant did take a plea deal which explains partly why he received a lighter sentence.  The article did not detail why the deal was reached but on these cases it is commonly because the prosecution is not sure if they get a conviction in court.  I did find it surprising the judge went against the prosecution's request regarding the defendant being placed on the registry.

[ChocolateReignRemix]

3 hours ago, gstharr said:

"Piche was arrested Sept. 5, 2018. He was charged with second-degree rape, first-degree unlawfully dealing with a child and endangering the welfare of a child.

As the Daily Times reported, Piche pleaded guilty on Feb. 21 to a lesser charge of third-degree rape."

       An open plead to the court (trial judge) would have required him to plea to all charges.  However, an additional count of 3rd degree rape, or statutory rape under N.Y. law, was added.  The District Attorney would have had to agree to dismiss other counts for him to have pleaded guilty to the single count.  In other words, trouble with the case: the girl might not have cooperated, or might not even be around,  since there are no statements from the girl in any news report.   Also, while the mother gave the press a victim impact statement, the press reports that it  was not read in court?!  Not read in court means it was most likely not given to the judge.  Also, where is mother at the sentencing.  These are public hearings everywhere. Victims, and certainly the mother of minor , in every U.S. court would be allowed to testify on impact.  In the video's I've seen, no victim or family members in court?   While the headlines read that he "admitted to "RAPE" , conjuring up the vilest sense,  he only pleaded guilty to 3rd degree/ staturory rape, with the District Attorney's permission.  The sentence range is significantly less what the term rape would imply.    This is no means on my part to excuse the perp or the judge in this case. Just attempt of trying to understand the lack of victim or her family in court. 

 

Most states do not require that a victim impact statement be heard after a plea bargain.  Based on what I can find online New York is one of the states that doesn't mandate the victim be  heard.

[ktgrok]

And it isn't surprising a 14 year old girl would not want to be in court, face to face with her rapist, knowing he's already gotten a plea deal anyway. 

[gstharr]

9 hours ago, Ktgrok said:

And it isn't surprising a 14 year old girl would not want to be in court, face to face with her rapist, knowing he's already gotten a plea deal anyway. 

And it isn't surprising for him to  get a deal because she would not cooperate.  

[gstharr]

9 hours ago, ChocolateReignRemix said:

Most states do not require that a victim impact statement be heard after a plea bargain.  Based on what I can find online New York is one of the states that doesn't mandate the victim be  heard.

You miss the point.  Regardless of whether victim impact may or may not have been mandated, the mother was not in court at sentencing to even attempt being heard..  

[Rosie_0801]

57 minutes ago, gstharr said:

You miss the point.  Regardless of whether victim impact may or may not have been mandated, the mother was not in court at sentencing to even attempt being heard..  

 

By the time a trial gets to sentencing,  the time for being heard is already over. 

What do we get out of blaming victims for being traumatised by traumatic experiences?

[Aura]

13 hours ago, ChocolateReignRemix said:

For those questioning the sentence, the defendant did take a plea deal which explains partly why he received a lighter sentence.  The article did not detail why the deal was reached but on these cases it is commonly because the prosecution is not sure if they get a conviction in court.  I did find it surprising the judge went against the prosecution's request regarding the defendant being placed on the registry.

^^This. I get that going to trial is traumatizing and re-victimizing. I get that without proper evidence, a plea deal may be the best a prosecutor could do. But the fact that the judge decided against the prosecution's request is one of the reasons that I'm angry. Grrrr. I'm going to stop now before I rant further. 🤬

[historically accurate]

4 hours ago, gstharr said:

You miss the point.  Regardless of whether victim impact may or may not have been mandated, the mother was not in court at sentencing to even attempt being heard..  

Edited to delete for too much personal info. 

Edited May 1, 2019 by beckyjo

[ktgrok]

4 hours ago, gstharr said:

You miss the point.  Regardless of whether victim impact may or may not have been mandated, the mother was not in court at sentencing to even attempt being heard..  

Very likely she found no point in it, given eh'd already accepted a deal. Or she felt betrayed by the system and didn't want to be a part of it. Or she was not strong enough to do it. or she felt she was better serving her daughter by being home with her on that crappy day, rather than leaving her daughter to go to court. 

Or she felt that a 26 yr old getting a 14 year old drunk and having sex with her was obviously super crappy, so a victim statement wasn't needed. I mean, what on earth would she say in a statement that would be new information that the judge couldn't figure out for himself?

Edited May 1, 2019 by Ktgrok

[TechWife]

5 hours ago, gstharr said:

You miss the point.  Regardless of whether victim impact may or may not have been mandated, the mother was not in court at sentencing to even attempt being heard..  

 

I'll be a bit blunt. So what?

What, exactly, are you trying to say here? That the poor sentence is somehow the mother's fault? No, that's on the judge - that's his job.

That you think she isn't a good mother? Irrelevant - the mother isn't on trial.

Enough with the victim blaming - just stop.

 

Edited May 1, 2019 by TechWife

[shawthorne44]

I find this totally not surprising.  Have a look at your local pervert registry.  Make a list of the 20 people nearest you, and study their information.   I live in Texas and they used to say how long the person was actually locked up, but they don't do that anymore.  Obviously because the data really pissed people off.    But, you can still get a general idea based on where they registered.   There is the sentence and then there is the time actually served and they only seem to have a vague relationship to each other.   For example, near me was a guy that had a child p. business.    He filmed a gazillion kids being molested.   He was sentenced to 18-years.   I don't know how long he actually served but he lived near me 3-years after sentencing.  I keep an eye on the registry and they move all the time, so there is a different set every time I look.  The ONLY times that someone served their complete sentence was twice.   It was two black guys and they served more than their time.   Because it was more time, I assume that the system cared more about whatever they did to get their sentence extended. 

I figured out a formula for sentencing.   One month of jail time for every year of the victim's age.  Yes, that is right, raping a three-year-old will get someone a 3-month sentence.  And then they won't serve even that.  I talked to some lawyer friends of mine.  The reason is that the defense will threaten to traumatize the victim if an acceptable plea deal isn't offered.  When the victim is an old lady then they get a long sentence. 

Then there are those that the jail doesn't want to take care of, i.e. those with medical expenses.   Near me is an old guy that had multiple convictions.   He molested an 8-year-old girl DURING his 3-month probation for MOLESTING AN 8-YEAR-OLD GIRL.   You want to know what his sentence was for that later offense?   Give it some thought and get something in your head before reading on.   6-months probation.   Does that not totally make your brain explode?  

 

Edited May 1, 2019 by shawthorne44
I hit enter too soon.

[Lady Florida.]

21 hours ago, Arctic Mama said:

This is why I prefer elected judges instead by of appointed, it seems like it holds them at least a little more accountable, even taking into account the downsides.  

This is state specific. Florida has a mix of elected and appointed judges but even our appointed judges come up for a yes-no retainer vote every so many years. I just looked and NY has a similar setup. One difference is in FL they're non-partisan elections and in NY they're partisan. Also, NY judges seem to serve longer terms (I only skimmed the info, didn't read the details).

Edited May 1, 2019 by Lady Florida.

[Lady Florida.]

12 minutes ago, TechWife said:

 

I'll be a bit blunt. So what?

What, exactly, are you trying to say here? That the poor sentence is somehow the mother's fault? No, that's on the judge - that's his job.

That you think she isn't a good mother? Irrelevant - the mother isn't on trial.

Enough with the victim blaming - just stop.

 

As a PP said, how can anyone even ask why more women don't report rape and other sexual assaults? Until the victim blaming culture ends women will continue to be afraid to come forward. 

[gstharr]

https://wcti12.com/news/nation-world/prosecutor-defends-bus-drivers-rape-sentence-as-petition-forms-to-recall-watertown-judge

[ChocolateReignRemix]

8 hours ago, gstharr said:

You miss the point.  Regardless of whether victim impact may or may not have been mandated, the mother was not in court at sentencing to even attempt being heard..  

 

The mother can't just show up and demand to be heard.  If she knew the deal was in place and isn't allowed to give a statement, why would you expect her to attend the hearing?

[ChocolateReignRemix]

2 hours ago, shawthorne44 said:

I find this totally not surprising.  Have a look at your local pervert registry.  Make a list of the 20 people nearest you, and study their information.   I live in Texas and they used to say how long the person was actually locked up, but they don't do that anymore.  Obviously because the data really pissed people off.    But, you can still get a general idea based on where they registered.   There is the sentence and then there is the time actually served and they only seem to have a vague relationship to each other.   For example, near me was a guy that had a child p. business.    He filmed a gazillion kids being molested.   He was sentenced to 18-years.   I don't know how long he actually served but he lived near me 3-years after sentencing.  I keep an eye on the registry and they move all the time, so there is a different set every time I look.  The ONLY times that someone served their complete sentence was twice.   It was two black guys and they served more than their time.   Because it was more time, I assume that the system cared more about whatever they did to get their sentence extended. 

I figured out a formula for sentencing.   One month of jail time for every year of the victim's age.  Yes, that is right, raping a three-year-old will get someone a 3-month sentence.  And then they won't serve even that.  I talked to some lawyer friends of mine.  The reason is that the defense will threaten to traumatize the victim if an acceptable plea deal isn't offered.  When the victim is an old lady then they get a long sentence. 

Then there are those that the jail doesn't want to take care of, i.e. those with medical expenses.   Near me is an old guy that had multiple convictions.   He molested an 8-year-old girl DURING his 3-month probation for MOLESTING AN 8-YEAR-OLD GIRL.   You want to know what his sentence was for that later offense?   Give it some thought and get something in your head before reading on.   6-months probation.   Does that not totally make your brain explode?  

 

 

I can't comment on Texas, but I can say in the states I have been in there is no 1 month/age of victim rule.  Also keep in mind that if someone is sentenced to prison any time served in jail awaiting trial is (correctly) deducted from the prison sentence.

FWIW it is rare anyone serves the full time for any sentence, partly due to our prisons being over crowded thanks to our insistence of treating certain nonviolent drug offenses with sentences in the same range as child molestation.

[gstharr]

http://www.nycourts.gov/courthelp/Criminal/crimeVictimsRights.shtml  New York's Victims rights.  Enough said.

[ChocolateReignRemix]

6 minutes ago, gstharr said:

http://www.nycourts.gov/courthelp/Criminal/crimeVictimsRights.shtml  New York's Victims rights.  Enough said.

Still do not see what point you think you are making.  The victim can submit an impact statement.  That does not mean 1.) it will be used after a plea bargain is set, or 2.) that the victim is allowed to testify at sentencing.  The mother not attending the sentencing after the plea did not affect the sentence.

Edited May 1, 2019 by ChocolateReignRemix

[TechWife]

3 minutes ago, gstharr said:

http://www.nycourts.gov/courthelp/Criminal/crimeVictimsRights.shtml  New York's Victims rights.  Enough said.

 

So, what is your point? Do you believe that this light sentence is the mother’s fault? If not, what exactly are you trying to get across? 

The existence of a right does not include the requirement that the right be exercised.     

[shawthorne44]

5 minutes ago, ChocolateReignRemix said:

 

I can't comment on Texas, but I can say in the states I have been in there is no 1 month/age of victim rule.  Also keep in mind that if someone is sentenced to prison any time served in jail awaiting trial is (correctly) deducted from the prison sentence.

FWIW it is rare anyone serves the full time for any sentence, partly due to our prisons being over crowded thanks to our insistence of treating certain nonviolent drug offenses with sentences in the same range as child molestation.

The offense dates hadn't been THAT much before the sentencing dates.   Generally a few months. 
The 1 month/victim's age wasn't anything written down anywhere.   But, look at enough of the perverts near you and I think you will find it pretty accurate.  Particularly with younger victim meaning lesser sentence.  Maybe where you are, they are really strict and it is 2 months/victim's age.   But, Texas has the rep. as hang-em-high, so if this is what we are doing, I weep for the rest of the country. 
That guy that made it a business should NEVER have been walking around in the public.  

[ChocolateReignRemix]

8 minutes ago, shawthorne44 said:

The offense dates hadn't been THAT much before the sentencing dates.   Generally a few months. 
The 1 month/victim's age wasn't anything written down anywhere.   But, look at enough of the perverts near you and I think you will find it pretty accurate.  Particularly with younger victim meaning lesser sentence.  Maybe where you are, they are really strict and it is 2 months/victim's age.   But, Texas has the rep. as hang-em-high, so if this is what we are doing, I weep for the rest of the country. 
That guy that made it a business should NEVER have been walking around in the public.  

That's unusual in criminal cases unless there is a plea bargain.

And no, that is not accurate for my state.  In general, unless there is a plea to a lesser charge, offenses against younger victims get longer sentences everywhere I have lived.  On the flip side, plea bargains in those cases are common as children are tough to use as witnesses for many reasons. 

I find the child p*rn business case particularly surprising as both state and federal average sentences for CP are very high, partly because those cases have large amounts of physical evidence and also because each image can be counted as a separate offense.

Edit:

Just went to the sex offender registry for my state.  I did a search for those convicted for child molestation and currently incarcerated.  First 7 hits were still in prison and have been serving sentences of 9-17 years.

Edited May 1, 2019 by ChocolateReignRemix

[gstharr]

1 minute ago, TechWife said:

 

So, what is your point? Do you believe that this light sentence is the mother’s fault? If not, what exactly are you trying to get across? 

The existence of a right does not include the requirement that the right be exercised.     

To all, I ave not expressed any approval of the judge's decision. Simply that the lack of any statement from the girl, either from police reports or to the court (identity protected of course), together with her mother's absence at sentencing,  suggests that the case fail apart because of the lack of cooperation.  Not even a civil attorney to speak for the mother in what would seem to be a jackpot case against the school district, regardless of degree of offense???!!!  Just strange.   If the deal was locked in as all here assume, he would have been sentenced at time of plead.   The purpose of the sentencing hearing is so that both sides, and interested parties can present their sentencing  position.   Just seems that the mother little in this case, and now is upset that it went the way it did.   That is my point, I guess.      NY Victim Rights: "You have a right to share your views with the court concerning the release of the defendant while the case is pending. You also have a right to share your views about sentencing or alternatives like community supervision and Restitution.

If the defendant is being sentenced for a felony, you have a right to make a statement. If you want to speak in court you have to ask the Judge at least 10 days before the court date. Ask the prosecutor to help you."

[TechWife]

2 minutes ago, gstharr said:

To all, I ave not expressed any approval of the judge's decision. Simply that the lack of any statement from the girl, either from police reports or to the court (identity protected of course), together with her mother's absence at sentencing,  suggests that the case fail apart because of the lack of cooperation.  Not even a civil attorney to speak for the mother in what would seem to be a jackpot case against the school district, regardless of degree of offense???!!!  Just strange.   If the deal was locked in as all here assume, he would have been sentenced at time of plead.   The purpose of the sentencing hearing is so that both sides, and interested parties can present their sentencing  position.   Just seems that the mother little in this case, and now is upset that it went the way it did.   That is my point, I guess.      NY Victim Rights: "You have a right to share your views with the court concerning the release of the defendant while the case is pending. You also have a right to share your views about sentencing or alternatives like community supervision and Restitution.

If the defendant is being sentenced for a felony, you have a right to make a statement. If you want to speak in court you have to ask the Judge at least 10 days before the court date. Ask the prosecutor to help you."

 

You are making assumptions without evidence. What makes you think the victim didn’t talk to the police? I have seen nothing to indicate that in the coverage.  There was enough evidence to help the rapist realize he should admit to what he did and plead guilty. How much more cooperation do they need than a guilty plea?  

[ChocolateReignRemix]

4 minutes ago, gstharr said:

To all, I ave not expressed any approval of the judge's decision. Simply that the lack of any statement from the girl, either from police reports or to the court (identity protected of course), together with her mother's absence at sentencing,  suggests that the case fail apart because of the lack of cooperation.  Not even a civil attorney to speak for the mother in what would seem to be a jackpot case against the school district, regardless of degree of offense???!!!  Just strange.   If the deal was locked in as all here assume, he would have been sentenced at time of plead.   The purpose of the sentencing hearing is so that both sides, and interested parties can present their sentencing  position.   Just seems that the mother little in this case, and now is upset that it went the way it did.   That is my point, I guess.      NY Victim Rights: "You have a right to share your views with the court concerning the release of the defendant while the case is pending. You also have a right to share your views about sentencing or alternatives like community supervision and Restitution.

If the defendant is being sentenced for a felony, you have a right to make a statement. If you want to speak in court you have to ask the Judge at least 10 days before the court date. Ask the prosecutor to help you."

1.) Once a plea deal is reached, it goes before the judge with recommendations from the prosecution based on the deal that has been reached.  The hearing before the judge is the sentencing portion.

2.) You do not know if the mother or victim submitted a written impact statement.

3.) Unless the mother is being permitted to give a statement to the judge (highly unusual in a plea deal), then she has no reason to be at sentencing.  There is also no role for a civil attorney at sentencing.  (Suggesting is a big WTF in my mind.)

4.) You are confusing a sentencing hearing after a trial with one after a plea deal.

[ChocolateReignRemix]

1 minute ago, TechWife said:

 

You are making assumptions without evidence. What makes you think the victim didn’t talk to the police? I have seen nothing to indicate that in the coverage.  There was enough evidence to help the rapist realize he should admit to what he did and plead guilty. How much more cooperation do they need than a guilty plea?  

 

The reality is we don't know how cooperative/reliable the victim was.  I agree we should not make assumptions about her as we simply do not know.

FWIW a plea deal in a felony case doesn't always indicate actual guilt.  If you are looking at a risky trial and 25+ years in prison and someone offers a lesser plea and probation...even some innocent people won't take the gamble. 

[Ravin]

I will raise an eyebrow at the lack of jail time. However, 10 years of probation is, as a practical matter, a whole lot of rope to hang himself with. He will face revocation proceedings and probably more serious consequences for ANY offense, and in many states any probation violation resets the registry clock as well, even if it's not a sex offense.

The purpose of sex offender registry is supposed to be to protect the public, not to punish offenders, and so should be evidence-based on the individual's recidivism risk. The lower level registration appears, from my understanding of criminal justice research on recidivism plus what I know of the case from the news, to be evidence-based and targeted. Odds are, if he doesn't re-offend in the next decade, he's not likely to at all. People do change. Not all types of sex offenders are at high risk of re-offending.

[TechWife]

18 minutes ago, gstharr said:

To all, I ave not expressed any approval of the judge's decision. Simply that the lack of any statement from the girl, either from police reports or to the court (identity protected of course), together with her mother's absence at sentencing,  suggests that the case fail apart because of the lack of cooperation.  Not even a civil attorney to speak for the mother in what would seem to be a jackpot case against the school district, regardless of degree of offense???!!!  Just strange.   If the deal was locked in as all here assume, he would have been sentenced at time of plead.   The purpose of the sentencing hearing is so that both sides, and interested parties can present their sentencing  position.   Just seems that the mother little in this case, and now is upset that it went the way it did.   That is my point, I guess.      NY Victim Rights: "You have a right to share your views with the court concerning the release of the defendant while the case is pending. You also have a right to share your views about sentencing or alternatives like community supervision and Restitution.

If the defendant is being sentenced for a felony, you have a right to make a statement. If you want to speak in court you have to ask the Judge at least 10 days before the court date. Ask the prosecutor to help you."

That, actually, wasn’t my question. Here it is again:

Do you think the light sentence is the responsibility of the mother? 

 

[ChocolateReignRemix]

4 hours ago, shawthorne44 said:

But, you can still get a general idea based on where they registered.  
 

Are you sure about this?  I have been looking at the Texas Registry and it includes the the disposition date.  Based on the disposition dates and the registration date, I don't believe it is is possible to accurately estimate time served.

Example: I pulled one where the offender is currently incarcerated, the offenses occurred in 1991, but he has a registration date of 2017.  I think you are making assumptions based on limited data.

[shawthorne44]

17 minutes ago, ChocolateReignRemix said:

Are you sure about this?  I have been looking at the Texas Registry and it includes the the disposition date.  Based on the disposition dates and the registration date, I don't believe it is is possible to accurately estimate time served.

Example: I pulled one where the offender is currently incarcerated, the offenses occurred in 1991, but he has a registration date of 2017.  I think you are making assumptions based on limited data.

 

You can tell by WHERE they are registered.   If they are registered in my town or some other place without a prison, then they aren't incarcerated.   If they are registered in Huntsville, TX, for example, then they are probably incarcerated.   Last time I looked there was a  sentencing date, and the sentence. 

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On the general topic of this guy being low-risk.   Yes, this is the first time he has been convicted of something like this.  But, does anyone actually believe that he went from only consenting adults, to raping a 14-year-old?    This wasn't a case where he met some heavily made up teen at a bar and assumed that she was 21+.   That person I could see as low-risk.   This guy " met the girl through his job as a bus driver".    Then he got her drunk.   This was not the first time, and won't be the last.   

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Did you guys click on the link at the end?   I discount estimates of unreported crimes, because that is just pulling numbers out of the air.   But, if you just look at the rapes where there is an arrest, only 10% serve any jail time. 

Edited May 1, 2019 by shawthorne44
hit enter accidentally

[ChocolateReignRemix]

7 minutes ago, shawthorne44 said:

 

You can tell by WHERE they are registered.   If they are registered in my town or some place without a jail, then they aren't incarcerated.   If they are registered in Huntsville, TX, for example, then they are probably incarcerated.   Last time I looked there was a  sentencing date, and the sentence.

I understand that - it also designates on the site where their current residence is or if they are currently incarcerated. 

I just pulled another.  Disposition date of 1997.  Registration date of 2018 at the sheriff's office.  Not currently incarcerated.

I have been scrolling through Anderson county and I am not seeing any short sentences that can be determined by looking at the disposition date, the sentence, and the registration date.

[EmseB]

6 minutes ago, shawthorne44 said:

 

You can tell by WHERE they are registered.   If they are registered in my town or some place without a jail, then they aren't incarcerated.   If they are registered in Huntsville, TX, for example, then they are probably incarcerated.   Last time I looked there was a  sentencing date, and the sentence. 

------------------------------------------------------------

On the general topic of this guy being low-risk.   Yes, this is the first time he has been convicted of something like this.  But, does anyone actually believe that he went from only consenting adults, to raping a 14-year-old?    This wasn't a case where he met some heavily made up teen at a bar and assumed that she was 21+.   That person I could see as low-risk.   This guy " met the girl through his job as a bus driver".    Then he got her drunk.   This was not the first time, and won't be the last.   

One thing I suspect based on reading around different articles and sites (but can't confirm, so grain of salt and all that) is that there may have been some type of "relationship" that happened that went way out of bounds and was discovered. Thus pleading guilty to a statutory rape charge. 

That's not to say the guy was a-ok or shouldn't serve time, but it would explain a lot about sentencing, the judge's perception of his likelihood to re-offend, etc. It is still gross and wrong for a 25yo man to drink with and rape a 14yo girl. It is a different scenario than the headlines or your second paragraph suggest. I absolutely can believe it was his first time for several reasons, none of them charitable, but would not be surprised if he hadn't attempted to flirt with or meet other high school girls through his job. I am sure none of us want our daughters to be communicating on social media with older men, sending selfies, meeting up with them, etc. In my limited experience, it is not totally unheard of these days. Which is kind of a good reason to make an example out of this guy instead of letting him off with probation, but as Ravin pointed out, 10yrs of probation is not nothing.

[ChocolateReignRemix]

Every offender has a first time.  Some are actually caught the first time.

[gstharr]

5 hours ago, TechWife said:

That, actually, wasn’t my question. Here it is again:

Do you think the light sentence is the responsibility of the mother? 

 

 I actually do not consider it a  light sentence for the offense given the scant details in the news coverage. 

 

[ktgrok]

He purposely gave alcohol (illegal) to a 14 year old student, that he met while driving her school bus, and then had sex with her (also illegal). He KNEW she was only 14, he KNEW she was a student, he KNEW what he was doing was illegal, and did it anyway. And won't serve a day in jail, but there are people stuck there for not paying a parking ticket. 

[shawthorne44]

46 minutes ago, StellaM said:

 

Exactly, it's so gross. That's not a 'relationship', that's exploitation. 

Tell me at the very least, he's not able to drive school buses anymore ?

They said that he was fired from that school district.   
How often have we heard about a teacher molesting kids and the article mentions that the same person had done the same thing in a nearby school district?

Edited May 2, 2019 by shawthorne44