It's been referred to as an illegal prison sentence. Montana prosecutors are appealing a ruling that had Stacey Rambold, an ex Montana teacher, behind bars for 31 days after admitting to raping his student.
"In August, Rambold, a former senior high teacher, was sentenced to 31 days in prison for the 2007 rape of a 14-year-old girl who later committed suicide." (Via KULR)
Rambold was arrested in 2008. And as he awaited trial, his victim, Cherice Moralez, was reportedly bullied by other students. She took her own life before Rambold went to trial. (Via Fox News Latino)
"To add insult to injury, the man who was supposed to represent justice, Judge Todd Baugh … said the teenage victim seemed older than her chronological age and was as much in control as the then-49-year-old Rambold." (Via CNN)
Now out of prison, Rambold is a class 1 registered sex offender. He must adhere to a long list of probation and parole conditions.
However, state prosecutors want him back behind bars in Montana, where the minimum sentence for rape is four years. (Via Montana Department of Justice)
"The state argues the child was not legally capable of consent and that the judge's sentence was illegal. Prosecutors want a sentence of 20 years in prison with 10 years suspended." (Via KECI)
Judge Baugh, who imposed the sentence, tried to appeal it, agreeing that it was illegal. But the state has already filed its appeal, overruling Baugh.
