A minimum three-year prison sentence was imposed on an 18-year-old Amish man in Geauga County, Ohio for a sex crime conviction. The defendant was accused of the rape of a 14-year-old child. The incident took place in Parkman Township on June 7 in a wooded area inside a shed, according to prosecutors.
The defendant told the court that he had watched some pornography with some friends just before the incident. He expressed remorse and a desire to seek treatment. The minimum sentence was imposed after a court psychologist characterized him as being at low risk to repeat the offense. The defendant had no prior criminal record, and his defense attorney said he was sexually and socially a very naive person. Based on all this, the prosecution presented no argument as to the sentence to be imposed.
The judge indicated that he would have preferred not to send the defendant to prison at all, but had no choice under the law, which also requires that he register as a sex offender for the rest of his life. He could have received a sentence of up to 11 years of incarceration. The judge expressed the wish that he could have sentenced the defendant to community control instead of prison.
Criminal defense attorneys use their knowledge and experience to determine all possible avenues of defense in a particular case, based on both the facts and the law. If a conviction seems inevitable, or in fact occurs, they attempt to introduce persuasive evidence in mitigation of the charges and punishment, to attempt to achieve the most favorable sentence for the defendant. As shown by the results in this case, positive results can be achieved even after a conviction.
Source: The News-Herald, "Amish man sentenced to three years in prison for rape" Tracey Read, Feb. 06, 2014