Legal Lessons

60 Day Sentence for Rape of Child? 

Over the course of four years, a "friend of the family" repeatedly raped a little girl, only 6 years old at the time of the first abuse. He pled guilty. At the sentencing hearing, the victim's family asked the court to impose a long prison sentence.

Cashman said he felt that the "outrageous comment which really bother's me intensely, (is) that somehow or another it's the court's responsibility to impose a penalty... We're leading the general public with the idea that the only thing that is effective is to inflict more pain."

Then Cashman said that after 25 years as a judge he'd changed his mind about punishment. "I discovered it accomplishes nothing of value. It doesn't make anything better... We create a lot of expectations and we feed on anger... I've got to do something that solves a problem. That people are better off after sentencing than they were before."

"The court viewed the defendant as a dangerous man, likely to engage in future crime unless he has proper and timely treatment," the judge said in court documents. Reasoning that, because of the offender's classification in Vermont, he would not receive needed sex offender treatment in prison, the judge imposed a 10 year to life sentence-but then suspended all but 60 days of it. In the end, the sentence could be as short as 60 days plus probation.

Once released, Hulett must undergo treatment and will be under state supervision. If he fails to abide by the terms, he could be sent back to prison for 10 years to life for aggravated sexual assault. The maximum sentence of life in prison "sought to ensure public safety should Mr. Hulett fail in or refuse treatment during the first 10-year term," Cashman wrote.

Cashman said he was aware of the criticism his decision had prompted. "The negative comments sting," he wrote."I am aware that the intensity of some public criticism may shorten my judicial career," Cashman said. "To change my decision now, however, simply because of some negative sentiment, would be wrong.I owe it to the judiciary and to my own conscience to maintain a stand that I believe is the best possible option in a very difficult situation," he said.

The victim's family was outraged by the decision. A state senator is urging his impeachment."This guy has got to go," state Sen. Wendy Wilton, "People believe he has flipped his lid."

Almost immediately, an order was signed that allowed for treatment while the defendant sat in jail. It will interesting to watch this week what the Judge may do with that taken off the table.

It is clear that the Judge was attempting to help the defendant not to commit another crime, which would help everyone. However, a necessary element of all justice is retribution. He forgot that.

Remember the scripture: "When justice is done, it brings joy to the righteous but terror to evildoers." -Proverbs 21:15.