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Montana judge behind lenient rape sentence sparks new outrage (+video)

The Montana judge urged to resign after imposing a 30-day prison sentence for the rape of a 14-year-old planned a re-sentencing hearing for Friday afternoon, but it was blocked by the state supreme court.

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Members of the public have stepped up to protest in previous cases, such as the teen rapes in Steubenville, Ohio, and “to educate their own community and beyond about the importance of not victim-blaming,” Ms. Long says, “but it seems that we are still stuck in this cycle … where [some of] the very people who should know this information – judges, prosecutors, and other professionals – still believe in the myths and still engage in very dangerous practices.”

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Staff writer

Stacy reports on education and other national news issues for the Monitor -- keeping an eye on everything from pre-K to college, politics, and social justice issues.

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In Montana, the age of consent is 16. Rambold was charged in 2008 with three counts of intercourse without consent (commonly known elsewhere as statutory rape) for actions that started when Cherice Morales was 14. 

When Cherice was 16 and the case was still pending, she killed herself. Prosecutors deferred trial at that point based on conditions such as Rambold entering a treatment program and not having unauthorized conduct with children. They went forward with prosecution after he violated those terms. Rambold pleaded guilty to one count in April.

Baugh’s failed attempt to hold a new hearing Friday could make it easier to demand that he resign or be removed, says Marian Bradley, president of the Montana chapter of the National Organization for Women.

Ms. Bradley is also helping to organize a Justice4Cherice campaign, which includes a Facebook page and a way for people to file formal complaints with the Montana Judicial Standards Commission. She says hundreds of such complaints are in the works and eventually she expects thousands; because a complaint requires a notarized signature, it’s not as easy as signing a petition.

Baugh would be up for reelection in 2014. The Judicial Standards Commission can recommend to the state supreme court that he be removed.

“What I’m hearing from people throughout the world … is that they are outraged at the victim-blaming,” Bradley says. It’s like they’ve heard one too many times comments such as the controversial statements by former Missouri Rep. Todd Akin about “legitimate rape.”

“People are done,” she says. “Men and women, young and old, people of all races and religions, they’re stepping up.”

After the rally last week, Bradley says, Cherice’s mother told her that she had felt alone when Baugh handed down the original sentence, but that when people in the community called for change, it helped restore her faith in people.

It’s not the first time Montana has seen controversy over rape trials. In the spring, the University of Montana at Missoula entered into agreements with the US Departments of Education and Justice stemming from complaints about how campus sexual assaults and harassment were handled over a period of several years.

To help promote a better understanding of best practices in handling sexual assault cases, organizers such as Ms. Rice in Billings are beginning a dialogue in the legal community about possibly requiring members of the Montana bar to have continuing education that includes the issue of victim-blaming language.

Material from Associated Press was used in this report.


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