Of­fi­cial: No way to ap­peal ‘rep­re­hen­si­ble’ in­cest sen­tence

The Washington Times Daily - - NATION -

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.

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