Judge G. Todd Baugh on Child Rape: Don't Tell Us What We Understand

The rapist was 49 and the victim 14. He was a teacher at her high school. She later committed suicide, short of her 17th birthday. Her death complicated the prosecution for lack of a complaining witness, but prosecutors were able to obtain a confession to one rape count and an agreement that the case would deferred out of the system if he successfully completed sex offender treatment. He failed, and thus stood before state Judge G. Todd Baugh. Prosecutors asked for 20 years. Judge Baugh gave him 15 but suspended all but 31 days, expressing a belief that the child was "older than her chronological age," and the shocking contention that she, as a student and a child, was nevertheless "as much in control of the situation" as was the teacher, 35 years her senior.Baugh's subsequent defense of his ruling should stand as a clear call for better judicial education on the issue of sexual assault (the National Judicial Education Program conducts this kind of training). But I suspect Baugh is beyond the reach of education, and probably remains as clueless to the outrage as he apparently was to the dynamics involved in this crime and its subsequent effect on the victim."Obviously, a 14-year-old can't consent. I think that people have in mind that this was some violent, forcible, horrible rape," Baugh said. "It was horrible enough as it is just given her age, but it wasn't this forcible beat-up rape."No, judge, you're wrong. We understand exactly what kind of rape it was. We understand that rape doesn't have to be violent or forcible for it to be life-altering, and in this case possibly life-ending. We know that fists and weapons don't have to be used for a rape to be perpetrated and a young life inexcusably torn apart. We understand, apparently far better than you, how a weapon can be something other than a handheld object. And we understand fully the weapons that Stacey Rambold had at his disposal and used against this now dead child, whatever her own participation or awareness seemed to be.We're angry because we understand, not because we don't. We have every right to be.