Woman who had sex with boy avoids prison

August 23, 2007

Adapted from the York Dispatch

A woman who pleaded guilty to having sex with a 14-year-old boy avoided prison because of what the prosecutor believes was a gender double standard. The judge didn't want the defendant, 24, to be separated from her 4-month-old son, according to the county district attorney.

Court documents indicate the infant was fathered by the woman's victim.

"The standard sentencing range is nine to 16 months (in prison)," the county district attorney said. "The judge imposed a mitigated-range sentence, which dropped it down to three months, then the judge suspended that ... on the condition (she) serve two years' probation.”

"The judge's stated reason for that was because she felt it was important for babies to bond with mothers and she was not going to destroy the bonding that's occurring now to send (her) to jail," he said. "I was very disappointed with the sentence. I had expected at least some (prison) time. I was very surprised she got no incarceration."

The woman pleaded guilty to the second-degree felony of statutory sexual assault. She was charged with the offense in an investigation initiated by township police, who discovered the encounter occurred.

State police took over and charged the woman, who told them the teen is the father of her baby, according to charging documents.

She told them the consensual encounter happened last year inside her car, documents state.

She told police she would have waited until the boy was 18, but she'd been drinking at the time, documents state.

Her sentencing hearing was postponed twice to allow the judge to consider various imprisonment options, the district attorney said.

"The judge wanted to look into possible placements where (she) could be sent to serve her sentence and would be able to take her child with her," he said.

In addition to the 4-month-old, she also has a child around the age of 3, he said.

But at the sentencing, a probation officer told the judge no such places could be found, the district attorney said.

"The victim's mother stated to the judge that it shouldn't matter what gender you are, you should have to serve your sentence -- same crime, same punishment," he said. "Our office echoed that (opinion)."

But the judge was unwilling to separate the woman from her baby, the district attorney  said.

"I think it probably sent a message to (the woman) that as long as she keeps this child with her, she can avoid incarceration," he said. "And I think it sends a message to the public in general that women are not going to go to jail for this particular offense."

He said the victim's mother was "very upset" at the judge's decision.

The district attorney said he believes a man "more than likely" would have received a nine- to 16-month prison sentence.