Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, October 17, 1995 TAG: 9510170090
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: S.D. HARRINGTON STAFF WRITER
DATELINE: LENGTH: Medium
The 23-year-old man faced life in prison, but Judge Roy Willett went along with Commonwealth's Attorney Fred King's recommendation - 15 years in prison, to be suspended after serving five years.
``Rape is one of the most serious crimes that can come before a court,'' Willett said. ``Frankly, I would not have deviated as much as the commonwealth's attorney has asked.''
The names of both the victim and the defendant are being withheld from this story to protect the identity of the woman and their son.
``I do not think this is a case for the [sentencing] guidelines,'' King said.
The crime, he said, ``is deserving of a significant punishment,'' but he added that when the relationship of the two parties involved is taken into consideration, the situation becomes much more complicated.
``This is still the only man this boy will grow to know as his father,'' King said.
The victim testified Monday that she did not want her son to be affected by the incident and that a long-term sentence for her husband could amplify the problem.
``I do think he should be punished. But I don't think he should spend the rest of his life in prison,'' she said.
The incident, to which the defendant pleaded no contest in August, resulted from a Feb. 9 visit to the victim's house.
The defendant said Monday that he was dropping off a child-support check to his ex-wife at her home and wanted to have sex, but she refused.
According to the investigation report, a struggle between the two erupted and ended with the defendant raping his ex-wife.
King said in court Monday that the victim was reluctant to file rape charges after she called police. A misdemeanor sexual battery charge she filed was dropped and upgraded to a rape charge, he said.
The victim agreed to record phone conversations between herself and her ex-husband. During one conversation, the defendant acknowledged the incident.
The defendant also openly apologized to his ex-wife in court Monday.
Through testimony of the defendant's mother and psychologist, defense attorney Gordon Shapiro attempted to show that his client has a problem controlling his anger.
The defendant began seeking treatment shortly after the incident, and his psychologist said he has seen improvements in the way the man controls his anger. As part of his sentence, the defendant must continue to receive counseling.
by CNB