On August 16, James Earl Richards, pleaded guilty to 2 counts of Rape in the 3rd Degree, for sexually assaulting two young women this summer. These women were friends of his children and had been around him and his family for some time. The two young women revealed the abuse to each other and then they told authorities. The sentencing hearing was last week on Tuesday.

Mr. Richards wanted a Special Sexual Offender Sentencing Alternative (SSOSA) sentence which would have allowed him to serve some time in the county jail and then upon release would have allowed him to participate in a 3 year treatment program. Many defendants want this alternative, because they can serve the time in the county jail instead of prison. To qualify for a SOSA, the defendant must be exposed to a certain range, sit through an evaluation by community corrections, take a polygraph examination and be evaluated by a psychologist. At the end of the process, the court has a pretty good idea of the defendant’s situation and amenability to treatment. With this information, the court can make a good decision as to whether to order the SOSA. Sometimes the state will oppose this alternative sentencing, and sometimes we are in favor of it.

In this case the State was opposed to a SSOSA sentence as were the victims. The state wanted the defendant to serve 20 months in prison and then be on Community Custody for 36 months and participate in the treatment program during that time.

Judge Nielson carefully listened to the victim’s statements. The state presented evidence that the defendant had been involved in a similar incident some 15 years ago in Pend Oreille County that had been handled through district court. Travis Hurst of Community Corrections presented his evaluation and recommended a prison term followed by treatment in the community. The defendant spoke and expressed remorse for his actions. Then the lawyers presented their arguments. These hearing are emotional and difficult for victims and for the families on both sides, but they are important and serve to provide some opportunity for victims to be heard.

After hearing all the evidence and arguments, Judge Nielson sentenced Mr. Richards to the maximum sentence of 20 months in prison followed by 36 months of supervision and treatment upon his release. He is now required to register as a sex offender.