A 30-day sentence for rape is a travesty

America’s justice system has failed an innocent victim once again.

Stacey Rambold, a former Montana high school teacher, was released from prison last Thursday after serving a 30-day sentence for raping a 14-year-old student who later committed suicide. This is an insult to the victim’s family and the justice system as a whole, and the judge who presided over the trial should resign.

District Judge G. Todd Baugh of Billings, Mo., has become the target of recent national outrage as a result of the 30-day sentence he handed down to Rambold. Baugh has also received heat after he made several comments that seemingly put blame on the victim, Cherice Moralez.

Rambold was Moralez’s high school teacher and admitted to raping her in 2008 when she was 14. Moralez was ostracized and ridiculed by her peers after details of the case became public. She committed suicide before her 17th birthday.

When Rambold failed to complete a treatment program for sex offenders, “the terms of the agreement allowed prosecutors to use his admission against him in seeking a 20-year-term with 10 years suspended,” according to an article by the Washington Post.

However, Baugh agreed with Rambold’s attorney who recommended the 30-day sentence. According to an article by USA Today, Baugh also made comments during the trial that openly pinned some of the responsibility on Moralez by explaining that she seemed “older than her chronological age.”

Baugh’s comments sparked outrage in groups such as victim’s rights advocates and countless women’s support organizations. They argue the judge was placing part of the blame on the victim. Moralez had not even reached the age of 16, Montana’s age of consent.

Baugh’s ruling and ill-informed comments communicate the idea to the American public that this type of crime does not need to be taken seriously. His ignorant perceptions about rape and his blatant insensitivity to victims are utter offenses to justice, and he should immediately resign.

Not only was Baugh’s decision and behavior unacceptable on moral levels, but his sentencing hearing clearly violated judicial conduct rules and revealed a bias against the victim.

A formal complaint to have Baugh removed from the bench for alleged bias is pending before the state Judicial Standards Commission.

This case reveals broader problems in the legal system that go beyond the mistreatment of rape victims and expose the absurdity and ineffectiveness of our justice system as a whole.

According to Montana state law, a person convicted of criminal distribution of dangerous drugs shall be incarcerated in state prison for a term of one year to life or pay a fine of $50,000, or both. While Rambold served 30 days for destroying an innocent girl’s life, the same state would hand down a drastically more severe sentence to someone convicted of selling any amount of marijuana.

This case also exposes the alarming trend that judges hold too much power in the courtroom, which can be devastating when personal opinions and political agendas guide decision making.

Judges are supposed to play the role of the impartial decisionmaker in the pursuit of justice. Their duties include assessing the evidence presented, interpreting the law and controlling how hearings and trials unfold in their courtrooms. Yet, countless judges manipulate and twist their version of the Constitution on a daily basis to fit their personal opinions or party line.

Even though Montana state law imposes a mandatory minimum sentence of two years, Baugh disregarded this when he began to sympathize with Rambold’s story.

Prosecutors plan to appeal on this basis, but Rambold will remain free pending the appeal unless he commits another offense.

Unjust sentencing, the absurdity of the war on drugs and judges’ personal agendas dominating the outcome of the courtroom are just three of the countless reasons our U.S. justice system is an ineffective structure begging for reform.

-Ashley Lynn Fisher is a junior English major from Gig Harbor. She can be contacted at 335-2290 or by [email protected]. The opinions expressed in this Column are not necessarily those of the staff of The Daily Evergreen or those of Student Publications.