Referring to the Rambold Case in Montana: To Speak or Not to Speak? What Does and Does Not Have a Place in America?

Posted by HCN on Friday, August 30, 2013

Question put forth, to speak or not to speak is because, the Judge presiding in the case viz Todd Baugh, is, a U.S. Judge.
Howbeit, extremely serious issues have arose surrounding the case.
Just how many different angles and insights a 71 year old US Judge has on the case, much of the population of the United States, on demographics will probably not know.  This in no way is defending the Judge for his comments about maturity of the victim.

What this article is intended to do, is push for a re-examination of some of the aspects of the case, which in some perspectives, especially geographically closer to the Capitol of the Country, deserve much more severe punishment.

Two concerns:
1 - the life of the victim
2 - trend setting: is the behavior of taking advantage of a 14 year old female, a developing mind insofar the victim, one that should be tolerated in any shape or form?
The answer to the 2nd question is no.
Not in the U.S.A.
Not in the Middle East by people that are really abiding by Sharia Law.
Not in U.S.A. law, reference laws that pertain to minors.
Not in any point in human history anywhere, regardless of when adults were considered adults thousands of years ago; the age of 14 is differentiated from the age of 15, as it describes the development of the human being, emotionally, psychologically, etc.

Forthrightly, the alleged perpetrator of the crime, male person named Stacey Rambold, can be accused of murder. And he should be tried for such.

A bit of background provided by its source:
Stacey Dean Rambold: Confessed Child Rapist gets 30 days in Jail http://hotair.com/archives/2013/08/2...-days-in-jail/

STACEY DEAN RAMBOLD, CHILD RAPIST

He raped a 14 year old girl in 2008. In 2004 the school had warned him not to touch or be alone with any students so they knew something was not right.

It took this long to get him to trial, and he walked free all that time, because the girl committed suicide.

"
A Yellowstone County district judge Monday ordered a former Senior High teacher convicted of raping a 14-year-old female student who later committed suicide to spend 30 days in jail.
Judge G. Todd Baugh sentenced Stacey Dean Rambold to 15 years in prison, with all but 31 days suspended, for sexual intercourse without consent.
Rambold, 54, will be given credit for one day already served. He was handcuffed and led to jail at the close of the hearing.
Reading further into the story, it simply gets more infuriating. The county attorney had asked the judge for 20 years with 10 years suspended. The girl’s mother most certainly wanted something serious done. But this looks like the judge took things in his own hands and essentially gave Rambold what amounts to a slap on the wrist. Yes, he’ll be on the sex offender registry for life and probably have terms of probation to follow, but this is ludicrous.
But the story started a lot earlier than this. The rape of the child happened in 2008, but as early as 2004 the school had already issued a warning to Rambold to “avoid touching or being alone with female students” so they knew something was up. Then, after his initial arrest for the rape and pleading guilty to a felony count arising from the case… Rambold was placed on paid leave in April of that year and resigned from his teaching job three months later. He also surrendered his teaching certificate."

url: http://thepoliticsforums.com/threads/7096-Stacey-Dean-Rambold-Confessed-Child-Rapist-gets-30-days-in-Jail?s=e87958a514756641408a43385cd3ebc2&p=124082#post124082

The article of reference:

Confessed child rapist gets 30 days in jail

 August 28, 2013

How does this even happen in America?

A Yellowstone County district judge Monday ordered a former Senior High teacher convicted of raping a 14-year-old female student who later committed suicide to spend 30 days in jail.

Judge G. Todd Baugh sentenced Stacey Dean Rambold to 15 years in prison, with all but 31 days suspended, for sexual intercourse without consent.

Rambold, 54, will be given credit for one day already served. He was handcuffed and led to jail at the close of the hearing.

Reading further into the story, it simply gets more infuriating. The county attorney had asked the judge for 20 years with 10 years suspended. The girl’s mother most certainly wanted something serious done. But this looks like the judge took things in his own hands and essentially gave Rambold what amounts to a slap on the wrist. Yes, he’ll be on the sex offender registry for life and probably have terms of probation to follow, but this is ludicrous.

But the story started a lot earlier than this. The rape of the child happened in 2008, but as early as 2004 the school had already issued a warning to Rambold to “avoid touching or being alone with female students” so they knew something was up. Then, after his initial arrest for the rape and pleading guilty to a felony count arising from the case

Rambold was placed on paid leave in April of that year and resigned from his teaching job three months later. He also surrendered his teaching certificate.

(Emphasis mine)

After confessing to it, he was placed on paid leave by the school district. And then he was allowed to “resign” his position, so he was never actually fired. After confessing to raping the child.

If that’s not enough, the girl’s subsequent suicide “caused problems for the prosecution” and the case was placed on hold for three years while he walked free. He only went to trial after flunking out of the sex offender treatment program he went into. And for the final cherry on this disgusting tale, the judge, rendering a verdict, described the 14 year old child Rambold raped as being, “as much in control of the situation” as her rapist and being, “older than her chronological age.”

What the heck is going on in Montana? Between the school district – no doubt helped by the teacher’s union – and this judge, any sense of law and order has been turned on its head. And perhaps one of the lawyers in the audience can help me out here, but given the Double Jeopardy rules, Rambold has had his day in court, been tried and received “punishment.” Doesn’t that mean that this can’t even be looked at again for a more appropriate sentence? It’s madness, I tell you.

source: http://hotair.com/archives/2013/08/28/confessed-child-rapist-gets-30-days-in-jail/


Essentially what has happened is back in 2008, Rambold did evil doing, involving the 14 year old.

What many of us right-minded people are worried about:
Look at how many other evil crimes took place in the USA since that time.  There have been cases of young female teenagers attacked, killed, and, or disappeared all over the U.S.A.

In addition, other countries and places are looking to the USA for leadership.  What are they going to say when they see a grown man who was over 45 then and over 50 years old now, has done not very prudent deeds involving a 14 year old?  While we, the USA condemns child traffickers, child marriages, and other horrible crimes happening around the globe, there is something that people in those other geographic regions, are pointing to.

In some regions of the world, a 30 day sentence in jail or prison, is very light, and might actually save them from even rougher circumstances.

On an international level, such as making a statement that we, the USA, do not tolerate the crimes of Rambold, 30 days of jail time does not make that statement.

Now back to trying for murder, amongst other things:
The fact that the victim of the crime of Rambold committed suicide, according to some schools of thought in the legal profession, and that the suicide has a connection to the crime, the crime can be viewed as the cause of the suicide, suicide no longer at that point being considered suicide, but the altogether condition upon the person caused by the crime and perpetrator which caused the victim to die.

The crime of Rambold was a cause, an exacerbating factor, an amplifier, of a mental and emotional condition of the victim which in end result, regardless of the moment to moment details of how it happened, showed the victim to be at loss of life.

The mental and emotional condition of the victim no longer comparable to a person that committed suicide without the effects and affects caused by the perpetrator; basic rules of performing a comparative analysis, where you have the norm sample, and events which are far beyond normal circumstances.

Additional charges can be brought upon Rambold, such as harassment, and indecent behavior involving a minor.
The case should be taken to further up, in some opinion, such as to the Federal level.

Issues such as what goes on in Montana in the countryside, similar events which might have happened at almost regularity in areas of Alaska during certain times, what happened in America 200 years ago when land in the Midwest was first being settled, so and so forth, is thrown out in this case.

For those of us who have fought for America, and had forefathers that fought, so that we have the America that we have now, the crime of Rambold has absolutely no place in America, and neither does any tolerance of it.


Glorifying the statements of Judge Baugh for news stories, is not nearly the point that should be made.  The point is what are things are NO are NO.


Further reading:
Link found from prestigious private school to pornography ring in South Africa, where some victims are described as just being just past kindergarten aged.

A few excepts from

Montana Statutory Rape Laws

http://www.criminaldefenselawyer.com/resources/montana-statutory-rape-laws.htm

"In Montana, the age of consent is 16 yeas old..."
" The crime is punished more severely if the defendant is four or more years older than the victim..."

Other Sexual Conduct

In Montana, sexual assault is a less serious crime than sexual intercourse without consent. A person commits sexual assault by engaging in any sexual conduct short of intercourse with a child under the age of 14 if the defendant is at least three years older.

(Mont. Code Ann. § 45-5-502.)

Child Enticement

People who invite or urge children under the age of 16 (or people posing as children) to participate in sexual conduct, or travel to meet children in order to engage in sexual conduct could be convicted of child enticement in Montana, even if no sexual contact (or personal meeting) ever occurs.

Punishment

Sexual intercourse without consent is punishable by two to 100 years’ or life imprisonment, and a fine of up to $50,000. If the defendant is at least four years older than the child, the crime is punishable by four to 100 years’ or life imprisonment and a fine of up to $50,000.
source: http://www.criminaldefenselawyer.com/resources/montana-statutory-rape-laws.htm

Putting 2 and 2 together, if under the age of 16 is classed as without consent, what is under the statute of punishment?

From gleanings of the outcome of the Rambold case, the victim was considered as old or over the age of 16, which takes the direction that the law was not upheld on a literal meaning, but took the intent, gauged by those presiding in the case.

What did the victim's mother have to say:
Take this story by TIME Magazine online here:
http://nation.time.com/2013/08/27/getting-off-easy-just-30-days-for-teacher-who-raped-student/

"The student’s mother, who had previously testified that the rape was a “major factor” in her daughter... suicide..."


STATUTORY RAPE LAWS BY STATE
http://www.cga.ct.gov/2003/olrdata/jud/rpt/2003-r-0376.htm


Tags: rambold  baugh  moralez  hanlon  montana 

 


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