Woman sentenced in court
NORWICH – A Norwich woman who pleaded guilty to raping her young son appeared in Chenango County Court on Friday for sentencing.
The woman, whose son was under the age of 13 at the time of the rape, was sentenced to six and a half years incarceration in state prison and 10 years post release supervision for rape in the second degree.
“I am speechless at the defendant's conduct,” said First Assistant District Attorney Stephen Dunshee of the Chenango County District Attorney's Office.
An order of protection was also issued for the victim for 15 years – the maximum amount of time allowed by law. If the defendant so desires, the court said she will be able to make an application to family court to petition for contact with her son, in which case both the District Attorney and a representative attorney for the victim will be present.
According to Dunshee, the victim has no wish for contact with his mother ever and requested the maximum amount of protection by the law.
The defendant is also required to submit DNA, register as a sex offender, and pay all fines and surcharges.
Per her indictment, she acted in concert with another adult while engaging in a number of sexual activities with her son. She accused her husband of forcing her to engage in those sexual acts between May and August, 2012. In March, her husband was sentenced to rape in the first degree and is serving eight years incarceration and 20 years post release supervision.
The defendant's plea was technically given in the form of an Alford plea, which means she did not make an allocution to the court with regard to the crime – it's the equivalent of no contest. One of the benefits of this plea, which is only the third that Honorable Judge Biagio J. Distefano has accepted in his career, is that the victim did not have to testify as part of the prosecution.
In a discussion after the proceedings, Dunshee said that he believes the defendant submitted the Alford plea, but did not include specific dates of the rape because she wanted to lessen her liability.
In her statement before sentencing, she, with dry eyes and showing little emotion, said, “I am sorry. I had sex with my child. I am sorry and I am willing to take responsibility for my actions.”
The judge then outlined the full details of the order of protection which ranges from absolutely no contact or visitation to refraining from assault, intimidation or any other criminal offense against the victim. The order of protection will be in effect until February 1, 2039.
Distefano said that normally when prosecuting for felony charge(s), the defendant's background is taken into account. The defendant has a relatively clean record, but Distefano explained that the case is so outrageous that her lack of convictions was not taken into consideration. Speaking directly to her, Distefano explained that her excuses of her husband's threats and possibility of harming her and her son are not valid.
“You have an education, you have an understanding,” Distefano said to her when describing why she should have known there were avenues for assistance to protect her and her son. “He (the victim) should have been able to rely on you and your husband.”
Distefano said that the defendant's sexual violence against her son was terrible, heinous and inexcusable.
“You didn't just harm him now, you harmed him forever... you have done this,” he said to the defendant.
“This has nothing to do with humanity, nothing to do with what is right,” Distefano added when describing the defendant's crimes. “You should absolutely be punished for what you did.”
Note: Names of the defendant and her husband are not disclosed to protect the victim's privacy.
The woman, whose son was under the age of 13 at the time of the rape, was sentenced to six and a half years incarceration in state prison and 10 years post release supervision for rape in the second degree.
“I am speechless at the defendant's conduct,” said First Assistant District Attorney Stephen Dunshee of the Chenango County District Attorney's Office.
An order of protection was also issued for the victim for 15 years – the maximum amount of time allowed by law. If the defendant so desires, the court said she will be able to make an application to family court to petition for contact with her son, in which case both the District Attorney and a representative attorney for the victim will be present.
According to Dunshee, the victim has no wish for contact with his mother ever and requested the maximum amount of protection by the law.
The defendant is also required to submit DNA, register as a sex offender, and pay all fines and surcharges.
Per her indictment, she acted in concert with another adult while engaging in a number of sexual activities with her son. She accused her husband of forcing her to engage in those sexual acts between May and August, 2012. In March, her husband was sentenced to rape in the first degree and is serving eight years incarceration and 20 years post release supervision.
The defendant's plea was technically given in the form of an Alford plea, which means she did not make an allocution to the court with regard to the crime – it's the equivalent of no contest. One of the benefits of this plea, which is only the third that Honorable Judge Biagio J. Distefano has accepted in his career, is that the victim did not have to testify as part of the prosecution.
In a discussion after the proceedings, Dunshee said that he believes the defendant submitted the Alford plea, but did not include specific dates of the rape because she wanted to lessen her liability.
In her statement before sentencing, she, with dry eyes and showing little emotion, said, “I am sorry. I had sex with my child. I am sorry and I am willing to take responsibility for my actions.”
The judge then outlined the full details of the order of protection which ranges from absolutely no contact or visitation to refraining from assault, intimidation or any other criminal offense against the victim. The order of protection will be in effect until February 1, 2039.
Distefano said that normally when prosecuting for felony charge(s), the defendant's background is taken into account. The defendant has a relatively clean record, but Distefano explained that the case is so outrageous that her lack of convictions was not taken into consideration. Speaking directly to her, Distefano explained that her excuses of her husband's threats and possibility of harming her and her son are not valid.
“You have an education, you have an understanding,” Distefano said to her when describing why she should have known there were avenues for assistance to protect her and her son. “He (the victim) should have been able to rely on you and your husband.”
Distefano said that the defendant's sexual violence against her son was terrible, heinous and inexcusable.
“You didn't just harm him now, you harmed him forever... you have done this,” he said to the defendant.
“This has nothing to do with humanity, nothing to do with what is right,” Distefano added when describing the defendant's crimes. “You should absolutely be punished for what you did.”
Note: Names of the defendant and her husband are not disclosed to protect the victim's privacy.
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