N.Y. Judge sparks outrage for no jail time in rape sentence

[left-of-center2012]

WATERTOWN, N.Y. (AP) — An upstate New York judge who stoked social media outrage for sentencing a former school bus driver to probation in the rape of a 14-year-old is getting “numerous vitriolic” phone calls, court officials said Tuesday.

Jefferson County Supreme Court Judge James McClusky last week sentenced Shane Piche to 10 years of probation, sparking an online wave of condemnation from people arguing that the punishment was too lenient. The 26-year-old was accused of raping the teenager at his residence in Watertown, New York, last summer. Piche, who was a bus driver in the victim’s school district, pleaded guilty to third-degree rape in February.

Piche also was required to register as a Level 1 sex offender, the lowest of three categories based on the risk of another offense.

State court spokesman Lucian Chalfen wrote in an email:
the judge was “well within” the sentencing range for this type of negotiated plea conviction.
The maximum state prison time he could have received would have been from 1 1/3 to 4 years.

https://apnews.com/3d0fab03336a47589aa3e2804b3a04c7

[FBaggins]

1. Not sure that the outrage should be pointed at the judge

Seems to me that the prosecutors who cut the deal might deserve the blame. They obviously cut a deal to gain a guilty plea on a lesser charge. Not knowing the quality of their case, I'd hesitate to judge to quickly... but I don't think I would accept a no-jail-time plea deal for any form of rape.

Which raises the second area of confusion (which this time I'll blame on the reporting). When most of us see "rape" in the title, we naturally assume that the story is what NY calls "1st Degree Rape" (which caries a 5-25 year prison sentence). I doubt that's the case. My guess is that this was statutory rape (otherwise consensual but too young to really consent). That doesn't mean that it "isn't rape"... but it is "2nd Degree Rape" which does carry a lesser penalty.

[lark]

2. Remove the judge from office - shame him and make it so he is a pariah.

Hope his family disowns him

[ROB-ROX]

3. The Guy A GREAT Attorney Who Got A GREAT Deal

The bus drive did it and KNEW what e.he was doing. It sounds like the GIRL wanted to do it. I think these people like to BREED..........