Quantcast
Get breaking news alerts via email

Click here to manage your alerts
State attorney: Montana rapist can’t blame victim
First Published Mar 27 2014 07:12 pm • Last Updated Mar 27 2014 07:12 pm

Billings, Mont. • A former Montana teacher convicted of rape wrongly blamed his 14-year-old victim when he argued that she bore responsibility in the case, an attorney for the state said Thursday in a court filing.

The office of Attorney General Tim Fox is appealing Stacey Dean Rambold’s one-month prison sentence to the Montana Supreme Court. The state says he should have served a mandatory minimum of four years after pleading guilty to sexual assault without consent.

Join the Discussion
Post a Comment

Rambold is fighting the appeal.

In a brief submitted to justices Thursday, Assistant Attorney General Tammy Plubell chastised Rambold for suggesting the victim should share in the blame. That assertion from Rambold was contained in arguments submitted by his attorneys.

Victim Cherice Moralez killed herself while the case against Rambold was pending. Rambold was 47 at the time of his crime.

Under state law, children younger than 16 cannot consent to sexual intercourse.

"Rambold continues to perpetuate the myth that a 14-year-old girl should bear responsibility for her sexual victimization by a 47-year-old teacher," Plubell wrote. "The law, though, rightly defines her as blameless."

Rambold’s attorneys have argued that the original sentence from state District Judge G. Todd Baugh was appropriate. In a brief submitted to the state’s high court last month, they urged justices to find that Baugh had acted appropriately.

Citing Moralez’s statements in interviews with law enforcement recorded before her death, Rambold attorneys Jay Lansing and Nancy Schwartz said there was "no rational basis" to conclude a 14-year-old could bear responsibility only as the offender in a rape case. A 14-year-old victim can bear responsibility, too, the attorneys suggested.

The interviews are under court seal and have not been made public.


story continues below
story continues below

Lansing could not be reached for comment Thursday. He has turned down all previous interview requests.

Victim Cherice Moralez was a freshman at Billings High School when she was raped. Rambold was her business teacher. She committed suicide in 2010, an act her mother said was driven largely by the rape.

The girl’s death took away the prosecution’s main witness, and Rambold initially avoided prosecution under a deferred prosecution agreement that included sex-offender treatment.

He violated the agreement by having unauthorized visits with relatives’ children and having a sexual relationship with an adult woman, according to court documents.

That re-opened the case and led to the August sentence from Baugh of 15 years in prison with all but one month suspended. Rambold was released in September.

Baugh unsuccessfully sought to impose a longer term after coming under criticism for saying during the sentencing hearing that the victim "appeared older than her chronological age."

Montana’s Judicial Standards Commission has asked the Supreme Court to censure Baugh for imposing an unlawful sentence and blaming the child victim.

The panel investigated the case after receiving hundreds of complaints about the judge.



Copyright 2014 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Top Reader Comments Read All Comments Post a Comment
Click here to read all comments   Click here to post a comment


About Reader Comments


Reader comments on sltrib.com are the opinions of the writer, not The Salt Lake Tribune. We will delete comments containing obscenities, personal attacks and inappropriate or offensive remarks. Flagrant or repeat violators will be banned. If you see an objectionable comment, please alert us by clicking the arrow on the upper right side of the comment and selecting "Flag comment as inappropriate". If you've recently registered with Disqus or aren't seeing your comments immediately, you may need to verify your email address. To do so, visit disqus.com/account.
See more about comments here.
Staying Connected
Videos
Jobs
Contests and Promotions
  • Search Obituaries
  • Place an Obituary

  • Search Cars
  • Search Homes
  • Search Jobs
  • Search Marketplace
  • Search Legal Notices

  • Other Services
  • Advertise With Us
  • Subscribe to the Newspaper
  • Access your e-Edition
  • Frequently Asked Questions
  • Contact a newsroom staff member
  • Access the Trib Archives
  • Privacy Policy
  • Missing your paper? Need to place your paper on vacation hold? For this and any other subscription related needs, click here or call 801.204.6100.