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A former high school teacher who raped a fourteen year old student is now a free man after serving just one month behind bars.
On the left hand side of your screen the 54 year old rapists on the right his victim.
She killed herself before the case went to trial a judge.
Eventually sentenced the -- to fifteen years in prison but then suspended all but one month of that term.
This is the judge and he said the fourteen year old was quoting here.
Older than her chronological age and that she was as much in control of the situation as her rapists.
You can imagine those comments drew plenty of outrage the judge later apologized and now prosecutors.
Are appealing this guy's sentence but while that's happening.
He gets his freedom and simply has to register as a sex offender the victim's mom says six years after the incident.
He is still skating justice.
Let's bring in criminal defense attorney Heather -- she joins us now Heather the outrage here is that the way the judge handled this apps or -- his sentence itself.
Trees and fortunately the reality is these types of sentences happen all the time.
And in fact the original sentence was a deal made with the prosecution it wasn't handed down by a judge.
It's the way that the judge handled this the language that he used which you quoted about her being older than her chronological age.
On top of such a short sentence which has just engendered this huge amount of -- -- -- How about your previous statement -- Heather because you look at this thing you get national organization for women you've got the prosecutors get the state prosecutors saying look we -- gonna put this guy in jail for two years for much longer.
Where was the outrage.
A year ago or -- couple years ago when this guy was simply sentenced to be cut it in a sex offender program there was zero.
Jail -- zero jail time at all prosecutor signed off on it no outrage nobody said a word rape in a fourteen year old girl.
Well entries but you have to remember he's not been convicted this is part of a media and unfortunately the -- our justice system works overcrowding in prisons.
The inability sometimes to get convictions lead to these -- and so that was a deal that was made the fact that this poor girl had committed suicide.
Made of the prosecutor's case fall apart.
So rather than lose they made this deal where he was going to have a deferred sentence he is registered as a sex offender.
And he was gonna have to undergo certain types of rehabilitation.
When he failed to meet the requisite of his -- -- that's when he got back in front of this judge.
Yeah and now you get the state prosecutor is saying look we're gonna get -- -- back in what are the odds of that because they want him to serve they believe the the law reads that he has to serve a minimum of two years in prison.
What are the odds of that actually happening it's very tough to just override -- judge's decision.
Well that's right I think it's slim to none first of all he's not been convicted again I go back to that point because the -- but he played up to -- -- C admitted it right.
He admitted to one of the three counts that's right but as part of the deal in exchange for lesser time.
In addition Trace that's the statute says that two years minimum he actually was sentenced as you said before to fifteen years.
It's a suspended sentence which gives the judge discretion as to how much he has to serve this is one of the reasons that in 1984 the federal system abolished suspended sentences.
Because it gives too much too much discretion to the judges.
So in the federal system this could never happen.
Yeah well it happened in the state of Montana and lot of people not happy about Heather Hanson.
Criminal defense attorney -- good to see -- any -- thank you.
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