Montana Supreme Court revokes ONE-MONTH sentence for child rapist

The Montana Supreme Court overturned on Wednesday a one-month prison sentence given to a former teacher for the rape of a 14-year-old student, a penalty that sparked outrage and drew criticism from women's groups as too lenient.

Montana district Judge G. Todd Baugh drew fierce public criticism last year when he sentenced the teacher, Stacey Rambold, to just a month in prison for the 2007 sexual assault of his student, Cherice Moralez, who later killed herself.

Baugh fueled the public outrage by saying during Rambold's sentencing hearing that the teenager seemed older than her years and was "probably as much in control of the situation" as the Billings high school teacher.

On Wednesday, the high court ordered the case assigned to a different judge for re-sentencing as it ruled the sentence - technically 15 years in prison with all but 31 days suspended and credit for one day served - was too lenient.

The court noted that state law requires at least a four-year sentence for a defendant guilty of raping a victim under age 16, and no more than two years of that can be suspended.

"The district court lacked authority to suspend all but 31 days of Rambold's sentence, and its judgment is therefore reversed," Justice Michael Wheat said in the opinion, joined by five other justices.

In his response to a complaint filed against him with the Montana Judicial Standards Commission, Baugh acknowledges making controversial remarks about victim Cherise Morales at Rambold's sentencing in August.

According to the Montana Attorney General's Office, the judge said she looked older than her years and was "probably as much in control of the situation as was the defendant."

Morales committed suicide in February 2010.

"I am sorry I made those remarks," the judge wrote. "They focused on the victim when that aspect of the case should have been focused on the defendant."

Raggamuffin wrote:Was it rape because she was underage, or did he actually force her?