Wednesday, October 12, 2011

He Pled Guilty


The above picture says it all. The guy who raped me plead guilty to assault in the first degree, rape in the first degree, and abduction. Originally they were also charging him with rape of a minor and transportation of a minor across state lines for the purpose of a criminal or sexual act. Those two charges were dropped. I was told and through my own investigation of the laws in Kentucky that because the age of consent allows for an 18 year old and 16 year old to have sex. Even though it wasn't consensual the prosecutor decided that it would be more of a distraction if it ended up going to trial. So they stuck with the three main charges that he did plead guilty of, and confess to.

___________________________________________________
508.010 Assault in the first degree.
A person is guilty of assault in the first degree when:
(a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or 
(b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person.

Punishment: Can be 2-20 years. By law 85% of sentence has to be served before eligibility for parole.

___________________________________________________
510-010 Rape In The First Degree.
A person is guilty of rape in the first degree (Class A Felony) when:
A victim under 12 or seriously injured
Punishment: can be 20 - 50 years. I couldn't find the minimum percentage of time served.

___________________________________________________
509.040 Abduction/Kidnapping/Unlawful Imprisonment:
A person is guilty of abduction, kidnapping, or unlawful imprisonment when:
To hold the victim for ransom or reward; or
To accomplish or to advance the commission of a felony; or
To inflict bodily injury or to terrorize the victim or another; or
To interfere with the performance of a governmental or political function; or
To use him or her as a shield or hostage; or
To deprive the parents or guardian of the custody of a minor, when the person taking the minor is not a person exercising custodial control or supervision of the minor.

Kidnapping is a Class B felony when the victim is released alive and in a safe place prior to trial. Kidnapping is a Class A felony when the victim is released alive but the victim has suffered serious physical injury during the kidnapping, or as a result of not being released in a safe place, or as a result of being released in any circumstances which are intended, known or should have been known to cause or lead to serious physical injury. Kidnapping is a capital offense when the victim is not released alive or when the victim is released alive but subsequently dies as a result of serious physical injuries suffered during the kidnapping; or not being released in a safe place; or being released in any circumstances which are intended, known or should have been known to cause or lead to the victim’s death.

PUNISHMENT: Can be according to KRS § 532.060, for a Class A felony, sentence of imprisonment is not less than 20 years and not more than 50 years, or life imprisonment. For a Class B felony, sentence is not less than 10 years and not more than 20 years.

____________________________________________________

I was sitting in the back roll for about 2 or 3 minutes before they walked him out through one of the doors. He had an orange jump suit and was being escorted by an officer on either side of him. He only looked up from the floor for a few short seconds. He scanned to room and his eyes landed on his mom and dad. He then briefly looked at me before looking back at the floor as he was escorted to a chair next to his lawyer. He quietly sat there only nodding his head a few times in response to whatever his lawyer had whispered to him. 

As we waited for the judge to begin to speak I felt so sick. I kept fighting this urge to run out the door. Dad had his arm wrapped around me and grandma was holding my hand. I could tell that my dad became angry when seeing him walk into the courtroom because he stiffened up and his breathing changed. I know the both of us were being flooded with a surge of adrenalin.

Finally the court clerk began to speak followed by the judge. 

The judge asked, "To the charge of assault in the first degree, how does the defendant plead"? 

"Guilty", said the defendant.

The judge asked, "To the charge of rape in the first degree, how does the defendant plead"?

"Guilty", said the defendant.

The judge asked, "To the charge of abduction, how does the defendant plead"?

"Guilty", said the defendant.

I couldn't help it, I began to cry. I felt such a feeling of relief as the word guilty came out of his mouth. A sense that I could finally take a deep breath without choking on the air came over me. His parents who were sitting a few rolls behind him also sat there quietly. His mom stared downward and his dad's head nodded up and down as he pled guilty to each charge.

He was in the courtroom no more than 5 or 6 minutes then he was escorted back out the same door he came in through.

Sentencing is scheduled for December 20th, 2011. 

When we walked out of the courtroom into the lobby area, dad, grandma, and I hugged each other. We were getting ready to walk down the stairs to the ground floor when that guys parents walked up to us. Dad instinctively stood between them and me. That guy's father said to my dad, "We are sorry for what our son did to your daughter and your family". He and his wife then walked away.

As I sit here trying to write this post, I can't help but feel a little bad for his parents. I'm sure the shame they are feeling toward their own son is hard to deal with. I want to tell them that I hold no anger toward them, only their son, but I don't think there's anything I can say that will help them.

I'm just glad to see the light at the end of the tunnel.

5 comments:

  1. Eve said...
    I am sure that it is hard to think that you are brave bc you don't feel it.....but trust me, from what we can all see, you are SUPERWOMAN.
    ps. I sent you an email in response to your comment on COH, did I get the wrong address?
    October 11, 2011 11:10 AM

    ReplyDelete
  2. Angela said...
    I hope he has to serve the maximum amount of time. You are so brave to go into the court room. I'm so in awe of you and your courage. I was thinking of you earlier today, and my heart goes out to you for all of the trauma and pain you have suffered with the loss of your mom, and then being terrorized by that vile man. Sending you all my love and {{{HUGS}}}
    October 4, 2011 10:39 PM

    ReplyDelete
  3. If you seen me in real life you would know how weak I am. It's easy to seem brave behind a keyboard.

    I got that email late a couple of nights ago. I meant to reply to it in the morning but forgot.

    I just sent a reply to it a few minutes ago.
    October 11, 2011 11:38 AM

    ReplyDelete
  4. Thanks for the {{{HUGS}}}, and here's some for you (((HUGS))).

    People keep telling me that I am brave. I don't feel brave, but I do appreciate the kind intent of the compliment.

    I just hope he serves as much time as he deserves.

    ReplyDelete
  5. No I am not ever going to post any news articles about my case.
    1) It can lead to unwanted attention from news agencies.
    2) Beyond my privacy and the privacy of my family, it's not a good idea as news articles give any and all perverts that read this blog the information they need to find me.
    3) This might be hard to believe, but I don't want to embarrass his family.
    4) Legally it wouldn't be a good idea until he is sentenced. Even after he is sentenced I will not post news articles because it's not a safe thing for me to do. Especially since I am a minor.
    5) My dad has tried very hard to limit the coverage of this case in the media in order to maintain privacy. Me posting a news article would be counter productive.

    That's just a few reasons I am willing to disclose.

    ReplyDelete

Death must be so beautiful. To lie in the soft brown earth, with the grasses waving above one's head, and listen to silence. To have no yesterday, and no tomorrow. To forget time, to forgive life, to be at peace.
- Oscar Wilde quotes