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Perverted Justice For Child Rape Victim

Today's moral outrage story of the day comes from Vermont:

A Williston man who admitted repeatedly sexually assaulting a young girl for four years was sentenced Wednesday to spend 60 days in prison -- a punishment that angered the victim's family but was defended by the judge as the only way to provide counseling for the perpetrator.

Mark Hulett, 34, pleaded guilty in August to two counts of aggravated sexual assault and one charge of lewd and lascivious conduct with a child, all felonies. He faced up to life in prison on the charges.

The problem, agreed the judge and attorneys, was that the state Corrections Department decided it would not offer any sex-offender treatment for Hulett while he is in prison. The department determined that Hulett presents a low risk of committing a similar crime, and therefore he qualifies for counseling only after his release, lawyers said in court Wednesday.

Judge Edward Cashman's sentence, which he handed down after a two-hour hearing in Vermont District Court in Burlington, could incarcerate Hulett for the rest of his life if he fails to obtain counseling or otherwise follow instructions once he is freed in 60 days.

Apparently in Vermont judges cannot order prisons to provide treatment for incarcerated inmates, and the judge choose treatment over penalty.
Prosecutors wanted Hulett incarcerated for at least eight years, and in impassioned pleas the girl's family members asked for a stern sentence. Cashman, though, told the crowded courtroom that punishment was not his priority in sentencing Hulett, but rather finding treatment for the man to prevent future abuse.

"This is not a situation where I'm doing this for the family," he said. "My heart goes out to this family, and I would hate to be in the situation this family is. But there's other families out there, and there's other people who could be victimized, and I'm trying to take the long view."

Later, Cashman added that a lengthy prison term "will accomplish nothing but to harden this fellow."

Well it too would keep him from raping other children. The man engaged in this conduct for FOUR YEARS, and will spend just 60 days in jail.

It's amazing how a little negative publicity can affect situations like this. I bet that some constituent pressure (starting with Governor Jim Douglas) could accomplish what everyone involved appears to have actually wanted, jail time AND treatment.


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Comments (36)

If he raped my little girl ... (Below threshold)
Bob Jones:

If he raped my little girl I would simply kill the bastard and do the time IF I got convicted.

/Sound of the slide on a 1911 racking back.

Fricking judges need term limits too.

I think my idea of "treatme... (Below threshold)
Nate:

I think my idea of "treatment" for this... umm, fellow is a little different than this judge's. The cute and friendly version would involve giving the family a shotgun (or a 1911 as Bob suggested) and putting them in a room with this bastard. I'm not sure what the treatment would be if I weren't in a good mood.

Hmmmmmmmmmmmm, the judge ru... (Below threshold)
DaveD:

Hmmmmmmmmmmmm, the judge rules NOT primarily on the basis of the crime that was committed but instead on the POSSIBILITY that other crimes could be committed. So, by the judge's reasoning if there was no danger that this man would be a repeat offender he would have been severely punished. But the high possiblility that this guy could be a repeat offender and a danger to others means that this guy can stroll main street in 60 days if he just submits to counseling. If I were sitting in that court room, I don't know who's throat I would have gone for first, the rapist or the judge. I hope they recall this clown.

The "treatment" will be ine... (Below threshold)
Tom:

The "treatment" will be ineffective and other families will be victimized. But what do you expect from a judge whose court is in the same State that gives us Pat Leahy and Bernie Sanders?

'Later, Cashman added that ... (Below threshold)
ICallMasICM:

'Later, Cashman added that a lengthy prison term "will accomplish nothing but to harden this fellow."'

Sounds like he was already hardened enough. I guess this sentence will really send other child rapists a message though.

really, it will, they can expect to be free to receive 'treatment' in 60 days.

Ya know, if he got life in ... (Below threshold)

Ya know, if he got life in prision without possibility of parole, the judge wouldn't have to worry about repeat offenses.

I guess that's asking for too much, though.

DaveD, I like the way you p... (Below threshold)

DaveD, I like the way you put that in the beginning of your comment, it was all about the possibility of future crimes...so, logically (you can pronounce that like Sir Bedevere expounding on witches, if you like), if a family member, or someone like Bob there, blows this $#$%@'s head off, they should receive no jail time, or no significant jail time, for murder. After all, the motivation for the murder was the child rapist, and the child rapist is now dead, so there's really no threat to the public since the only reason there was a head blown off has already been removed from society, treatment isn't even necessary in this case...makes sense, right?

We can probably come up with other examples...If I robbed a bank but was easily identified on tape and by numerous witnesses, including due to the fact that I have but 2 functional limbs and small artificial decorated Christmas trees in place of the others (you can use your imagination as to which 2) and multiple large facial tattoos of mermaids, and was later caught, but managed to hide my ill gotten gain very well...I should be set free, after all, the reason I robbed the bank, my poverty, has been taken care of, I can go grab my FDIC-insured loot and be happy and free and not a threat to anybody in the future.

Other examples?

Apparently the only message... (Below threshold)
Dave:

Apparently the only message that the judge is sending is its ok to rape young people in Vermont.Maybe if this occurred in his family he'd think differently

So why did the judge give h... (Below threshold)
K:

So why did the judge give him even 60 days?

If the judge thinks prision would make him worse he should just release the guy.

I suppose if the guy stole a few million dollars the judge would figure he won't do it again if he is allowed to keep the money and live luzuriously.

The judge is also on treacherous legal ground. Those terms for parole seem vague. The guy may be able to do pretty much whatever he wants and avoid revocation.

But I am on teacherous ground talking about Vermont law. Still, why should a quarrel between the judge and the corrections people give the criminal a better deal?

Falze, to take your comment... (Below threshold)
DaveD:

Falze, to take your comment one step further, the judge actually has treated this living victim as the dead victim you use as the example in your post. Justice for the actual victim has been completely ignored in lieu of a ruling in favor of imagined future victims. Very weird. It's unfortunate a jury could not hand down the sentence in this case.

They've demonstrated over a... (Below threshold)
Omni:

They've demonstrated over and over again that there's NO CURE for pedophilia, so treatment just isn't an issue. This man has shown that he lacks impulse control, and there's no way to give him any, therefore the only choices for him should be

1) Death penalty

2) Life in prison

3) Castration

Yeah, I know, not all of those are options... but they SHOULD be.

That man's life would be 61... (Below threshold)
Yogimus:

That man's life would be 61 days.

Are you suggesting we write... (Below threshold)

Are you suggesting we write and demand jail time and treatment for the rapist or for the judge?

The latter would probably benefit society more in the long run.

If he goes to an actual "pr... (Below threshold)
J-Ho:

If he goes to an actual "prison" - he will walk out with a destroyed rectum, or he won't walk out at all. Anyone think prisoners won't be all over this guy?

Omni:How about<br ... (Below threshold)
JohnAnnArbor:

Omni:

How about
4) Internal exile

Create a town that no children would be allowed in where these guys could go after their jail sentences are over. It would be double-fenced with land mines between the fences, but would be a relatively normal town otherwise, with well-controlled visiting rules.

Approaching the fences would be a shooting offense. Escape, planning escape or attempted escape would be punished by execution.

I think D.C. Russell is ont... (Below threshold)

I think D.C. Russell is onto something there...

'Counseling' and 'treatment... (Below threshold)
Mark:

'Counseling' and 'treatment' my ass. He repeated his crime for FOUR YEARS. Prison should be the least of the penalty he faces.

And this judge should not be sitting in that chair.

I agree with Yogimus and al... (Below threshold)
Eric:

I agree with Yogimus and also the Judge needs "special" treatment as well!!!

The judge is as much a crim... (Below threshold)
cubanbob:

The judge is as much a criminal as the rapist.
in just world both would be hanged.

First off I'm a native and ... (Below threshold)
Captain Ned:

First off I'm a native and current Vermonter who's disgusted with the "justice" handed down here.

Silverbubble:

Vermont law does not at present allow a sentence of life without parole.

Omni:

Our legislature just reconvened (we go from January to April/June; elections in even-numbered years) and one of the hot topics is authorizing civil commitment of sex offenders who've served their criminal sentences (I understand the concept and the rage driving it, but believe that the solution is longer/more terminal criminal sentences as I feel civil commitment to be double jeopardy).

JohnAnnArbor:

Read Robert A. Heinlein's short story "Coventry".

For all:

Vermont law requires all judges to be "reconfirmed" every six years by the Legislature. Public testimony is not only allowed but solicited by the committees responsible for these retention hearings. Cashman has had issues in previous retention hearings; I don't know when he's up again but I'm sure that this sentencing will come back to haunt him.

Omni and others who had sug... (Below threshold)
Sabba Hillel:

Omni and others who had suggested castration for the criminal:

I have seen references that castration does not necessarily cause impotence. Some of the writings about the castrati that I have seen say that they were capable of sexual intercourse. Additionally, since the criminal is past puberty, his desires and capabilities would have already been established. Thus, he could attempt to molest children even after the operation whether or not he is still capable of an erection. Indeed, his treatment of the victim could be worse if he becomes impotent.

One could say that the primary sexual organ of the human being is the brain. The rest of the body are merely the tools the mind uses.

Where is the feminist outra... (Below threshold)
Paula:

Where is the feminist outrage? You'd think they'd be all over this one.

contact the degenerate dire... (Below threshold)
tim:

contact the degenerate directly:

Honorable Edward J. Cashman, Presiding Judge
GRAND ISLE DISTRICT COURT
P.O. Box 7· North Hero, VT 05474
(802)372-8350

Pose this philosophical query: if the law will not protect society from this child rapist, thus the victims caretakers put him out of his misery, permanently, what type of therapy should the Court impose (note the Court does not believe in punishment).

Officically, I understand that No action will be taken against the Judge by the Bar or Qualifications Committee in Vermont because there is no “ethical” violation. Failing to follow the law and disavowing “punishment,” despite the fact that the law is there to dispense it, is a clear ethical, moral and legal renouncement of his oath of office.

If a child rapist doesn't deserve punishment then i suppose it holds that a renouncement of the judicial oath office is not an ethical violation either. what is his political affiliation: taliban. on that note maybe we should not educate the victim so she never fully appreciates the source of her emotional scars.

Vermont is for Child Rapist Judges! Come back soon!

Help...losing....capacity..... (Below threshold)

Help...losing....capacity...to be outraged...by asinine judges....and their...rulings...

You always think, "I can't handle one more 'out in 90 days' drunk driving murderer", I can't take one more story about 'treatment for the child rapist'...but then there's always another, and another, and another...meanwhile, aren't they trying to give even MORE judges the leeway to avoid mandatory sentencing?

WTF is wrong with Vermont?!... (Below threshold)
Beth:

WTF is wrong with Vermont?! It's not just this scumbag judge:

Why Child Rapist Was Classified Least Likely To Re-offend

Vermont's sex offender program has three categories of sex offender starting with level A -- like Hulett. He is considered to be low-risk and treatment starts only after he gets out of prison. Level B are medium to high risk offenders. They begin treatment inside prison. Level C are considered very high risk to re-offend and they begin treatment only near the end of their sentence, if at all.

Cumming says many factors are taken into consideration to determine the classifications.

"We look at does a person have a prior sexual offense? Does the offender have a prior non-sexual record? Has that offender offended against a stranger. So, the relationship of the offender to the victim tells you something about the type of risk they pose," Cumming explained.

As for Hulett, despite the severity of his crime, because he molested a neighbor's child, he qualifies as low-risk under the rating system.

"Well, offenders who have offended against a family member or another relative or neighbor who has not committed a prior offense typically score low on these risk assessment instruments, particularly if they have not, do not have any prior criminal history," Cumming added.

Governor Douglas asked his staff to reexamine sex offender classification policies. In the meantime, the Chittenden County prosecutor and Vermont's Attorney General say they may ask Judge Cashman to reconsider the sentence of Mark Hulett, and the possibility of appealing the sentence to the Supreme Court.

-----

Cashman needs to be impeached, and if Governor Douglas and the legislature have a shred of decency and humanity, they'll toss that BS classification system and put some HEAVY mandatory sentencing in place. And that wrist-slap 60-day sentence had BETTER be corrected. In the meantime, I'll hope for swift prison justice.

First off, I'm wondering wh... (Below threshold)
L.:

First off, I'm wondering where all the outrage was BEFORE he actually went ahead with the demented sentencing. It wasn't like he hadn't given everyone enough time to protest, seeing as he made it very clear what his intentions where back in August. But, hey it's nice that NOW the politians in Vermont are concerned.

Second, as to the Vermont law:
This man pleaded guilty to -
§ 3253. Aggravated sexual assault, which carries the following sentencing guidelines: A person who commits the crime of aggravated sexual assault shall be imprisoned up to and including life or fined not more than $50,000.00, or both. No person who receives a minimum sentence under this section shall be eligible for early release or furlough until the expiration of the minimum sentence imposed.

AND-
§ 2602. Lewd or lascivious conduct with child
which reads as follows: For a first offense, imprisoned not less than one year and not more than 15 years or fined not more than $5,000.00, or both.

So there was the option of life in prison, and interestingly enough the latter charge even indicates a minimum of at least a year. This pervert gets off with 60 days? Oh, wait three years with all but sixty days suspended. He was actually out on bail longer than he'll be in jail.

I support the Judge's coura... (Below threshold)
ted:

I support the Judge's courageous decision. He was forced into this position by the Legislature. Instead of jumping to conclusions and on the bandwagon, listen for a few minutes to what this repected Justice, The Presiding Judge in Grand Isle County District Court, has to say about crime, punishment, rehabilitation, and treatment.

hey everyone don't waste al... (Below threshold)
chris:

hey everyone don't waste all your seething anger for cashman on blogs when you can write, call, or visit the judge at:This isnt an office address..
Edward J Cashman
29 Lamoille St
Essex Junction, VT 05452-3729
(802) 872-0615

What is amazing to me is ho... (Below threshold)
Ted:

What is amazing to me is how liberals have come out to defend this judge and to a lesser extent the rapist. This country is going to hell faster and faster.

hey ted: maybe you and the ... (Below threshold)
tim:

hey ted: maybe you and the judge can "sponsor" the child rapist in is twelve step program, that the "respected court" believes to be the most viable alternative to the lack of perfection in the state's corrections system. that's a real fixer-uper of an idea: "the're problems with this system, i'll just let a child rapist go free to rape again, just to prove my point! bravo! i can only pray that his passions are altered during the next 60 days and the desire to rape helpless victims is directed to yourself and the judge, since ya'll are so helpless, and victims of the corrections systtem, when it comes to dispensing real justice for CHILD RAPISTS. scum bags.

did you ever think there would come a day in your life when you thought: ya know, child rapists shouldn't be punished, but merely counseled? find god or grow some balls.

hey ted: maybe you and the ... (Below threshold)
tim:

hey ted: maybe you and the judge can "sponsor" the child rapist in is twelve step program, that the "respected court" believes to be the most viable alternative to the lack of perfection in the state's corrections system. that's a real fixer-uper of an idea: "the're problems with this system, i'll just let a child rapist go free to rape again, just to prove my point! bravo! i can only pray that his passions are altered during the next 60 days and the desire to rape helpless victims is directed to yourself and the judge, since ya'll are so helpless, and victims of the corrections systtem, when it comes to dispensing real justice for CHILD RAPISTS. scum bags.

did you ever think there would come a day in your life when you thought: ya know, child rapists shouldn't be punished, but merely counseled? find god or grow some balls.

What you can expect in the ... (Below threshold)
European American:

What you can expect in the liberal state of Vermont? Cashman is an old nut case and should be impeached. The victim is most likely white. Othervise Jessie Jerkson and the " reverend " would be in Vermont. Remember the phony Tijuana Brawly case...

This animal (it does not qu... (Below threshold)
Concerned Citizen:

This animal (it does not qualify as human, much less as a man) is not just a RAPIST or a CHILD RAPIST--he is a BABY RAPIST. What kind of a sick, demented, twisted, disgusting waste of human flesh could rape a little baby?? A little 3 year old baby???? That is so disgusting and totally incomprehensible that I cannot wrap my mind around the fact that this horror is a REALITY. This poor little girl has not only had her childhood and innocence taken away, and not only will she bear the mental and emotional turmoil of what she has had to endure for the rest of her life, but she will also have many physical and medical problems for the rest of her life as a result. And the judge's response to these atrocities is to "rehabilitate"? And some idiot remarks here that this is "courageous"? My only consolation here is that Ted, Ed, and Mark will spend eternity together burning in the fiery pits of hell, damned to utter darkness and torment forever. A fitting end to three meaningless lives.

Update - A note from Vermon... (Below threshold)
ted:

Update - A note from Vermont: "Vermont officials have offered sex-offender treatment in prison to a man convicted of molesting a young girl if the judge who sentenced the man to only 60 days in prison will reconsider his decision."

It is interesting - I'll bet a lot of posters would be the first ones to rail against judges "legislating from the bench" and "activist judges" ... yet when a judge follows what clearly is the law, agendas come into play rather than a reasoned discussion as to what we want as a society.

I still support Judge Cashman's original decision.

Know that by no stretch of the imagination do I feel that this individual should get away with anything. Child molestation is an abomination. Punishing offenders - and punishing them appropriately (notice I've said punishment), along with treatment, is in our best interest.

But, we must also try to understand the roots. Most molesters were themselves molested, and until we allocate resources to effectively teach children to parent (for in fact that is what a majority of "parents" are when they first have children ... children themselves), this cycle will continue.

I also believe we should allocate resources to reach out to and counsel victims. I don't know what the State is doing to assist the victim in this case, but it is something we should all advocate for.

"most molesters where moles... (Below threshold)
L.:

"most molesters where molested" and yet most people who where molested do not turn out to be molesters. Freaking amazing.
This isn't child molestation this was rape. This wasn't a parent doing it, it was a family friend.

If you convict a child rapist to life in prison, and actually follow through with it, keeping them there until the very last breath has faded from their body- it will do two things:
1. Eliminate the chance for them to ever victimize another child.
2. Eliminate the need fro treatment.
I'm sorry if I fail to trust that some half assed treatment program run by a group of people still treating drug addicts for the 2nd, 3rd, 4th, 5th, or 6th time is going to be successful enough to ensure that these monsters don't decided in a few years that they want to sexually abuse another child.
The only thing that statistics give us on the success rate of treatment programs is how many of these sickos actually get caught again. Seeing as the average offender has between 70 and 120 victims BEFORE they get caught the first time- I'm not ready to sit back say that treatment is really doing any good at all.
If I can't trust you not to molest or rape a child to begin with- how do I trust that the treatment is going to work and you are not just going to "fake it" long enough to get it over with?

Personally, I think that an... (Below threshold)
C:

Personally, I think that anyone who so much as "thinks" of a child in an indecent manner should be visciously tortured, among other things. Let these sickos rot in prison for the rest of their short, abused lives. Just think of that movie "hostel".....wouldn't life be so much sweeter if thats the type of punishments these psychos got? I think so!!!




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