Official: No way to appeal ‘reprehensible’ incest sentence
HELENA | Montana’s attorney general’s office has been unable to find legal grounds to challenge a judge’s decision to send a man to jail for 60 days for raping his 12-year-old daughter, state Department of Justice spokesman Eric Sell said Monday.
The amount of time behind bars for the man considered lenient by many is “reprehensible” but that alone was not enough to appeal the Oct. 4 sentence
issued by District Judge John McKeon, Mr. Sell said.
State law mandates minimum 25-year prison sentences for sexual assaults of victims age 12 or younger. Judge McKeon gave the man a 30-year prison sentence but suspended all but 60 days.
The judge said a legal exception allows the shorter sentence because a court-appointed evaluator said treatment outside of prison is best to rehabilitate the offender while protecting the victim and society.