A 16-year-old Oregon boy is being charged as an adult in a rape case. The 19 counts against him include rape in the first degree, sodomy, unlawful sexual penetration, first- and second-degree sexual abuse and other felonies. The district attorney said the teen is being charged as an adult because six of the alleged crimes fall under Ballot Measure 11, Oregon's mandatory sentencing law.
The boy is accused of assaulting a 14-year-old girl twice. One of those incidents allegedly occurred between Oct. 1 and Nov. 5 of last year, and the other in early January. He was arrested Jan. 26 and transferred to a juvenile facility in Washington before being returned to Union County, Oregon, and placed in the adult jail.
The boy's attorney filed a motion for his release on Monday, in part because the boy has some health issues that can't be addressed by jail personnel due to their complexity. She said his family has agreed to monitor him and that he'll wear a GPS monitoring bracelet. A hearing for his release is scheduled for Friday.
The boy suffers from a seizure disorder and spina bifida, which often carries with it cognitive and social problems. His attorney also said he has some mental health issues that haven't been properly evaluated, and is trying to arrange a full psycho-sexual and mental development evaluation.
Considering the boy's age, mental and physical health issues and the fact that he has no criminal history, it's extremely disconcerting that he may face a long sentence in prison based on Oregon's mandatory sentencing laws. Measure 11 doesn't allow a judge to minimize a sentence and convicts cannot have their time in prison reduced based on good behavior. If the boy is convicted of the current charges against him, a judge will have no choice but to sentence him to at least eight years in prison for the rape charge alone.
Source: La Grande Observer, "16-year-old student charged as adult in alleged rape case," Bill Rautenstrauch, Feb. 15, 2012
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