The Montana Supreme Court overturned a teacher's one-month sentence for raping a 14-year-old student in 2007, the Associated Press reported.
The Wednesday ruling will be followed by a re-sentencing hearing for Stacey Dean Rambold, whose original sentence of 31 days was denounced as too soft of a punishment. The former high school teacher, who has been out since last fall, could serve at least two years, Yellowstone County Attorney Scott Twito said according to the AP.
Rambold was convicted in August 2013 for the rape of Cherice Moralez. The teacher was first charged for the rape in 2008, but entered a deferred prosecution agreement where he had to complete a sex offender treatment program. Rambold was tried again when prosecutors found out he had been kicked out of the program, the AP reported.
At the trial he was sentenced to 15 years in prison, but Judge G. Todd Baugh gave the defendant a 31 days suspended sentence and a one-day credit for time served, the AP reported. The teacher was also supposed to register as a sex offender and be placed on probation until 2028.
At the time Baugh made comments suggesting that the victim had a hand in her rape because she could have controlled the situation. He said Moralez was "older than her chronological age," the AP reported. The judge later said he regrets his statements.
Moralez committed suicide in 2010 before the teacher was tried.
The Judicial Standards Commission brought a disciplinary complaint against Baugh, which is still pending. The Supreme Court will decide on the complaint in a case separate to Rambold's, the AP reported.
Prosecutors originally asked that Rambold serve 20 years with a 10 year suspended sentence, the AP reported. The court ordered that a new judge be issued for Rambold's re-sentencing.
