Commission Recommends Closing Child Sex Abuse Loophole
The Montana Commission on Sentencing is recommending lawmakers close a loophole in child sex abuse sentencing that allowed an eastern Montana man to be put on probation after pleading guilty to raping his 12-year-old daughter.
On Wednesday, State prosecutor Dan Guzynski proposed eliminating an exception to a mandatory minimum 25-year prison sentence for offenders convicted of rape, incest or sexual abuse if the victim is age 12 or younger.
Under the current exception, an offender can receive a lesser sentence if a psychosexual evaluation determines the offender can be treated in their community. Guzynski argued it does not make sense that a community could be safer with a child rapist present.
Guzynski said a man he convicted of raping his 10-year-old daughter in Great Falls last year received a sentence of 25 years without parole. For the same offense, one man got 25 years, and the other got probation.