Montana rape case: judge orders new hearing, prosecutors call original 30-day sentence ‘illegal’

The Montana rape case that ended with a former teacher getting a 30-day jail sentence is actually far from over. The case has earned national attention and the embattled judge in the case has ordered a new sentencing hearing. Meanwhile, prosecutors are also appealing the sentence, calling it “illegal.”

As we reported last week, Stacey Dean Rambold was convicted of raping Cherice Morales, who was 14 at the time of the rape in 2008. She later committed suicide before turning 17. Prosecutors had hoped for a 20-year sentence, but Judge G. Todd Baugh instead went with a 15-year sentence with the entire sentence suspended, except for 31 days. He then took off another day for time-served, which meant that Rambold would only spend 30 days in prison.

But it wasn’t just the sentence that caused a national firestorm. Baugh was criticized for saying that Charice was “as much in control of the situation” as her rapist and that she was “older than her chronological age.” He later apologized, but activists continued to call for his resignation.

Then, on Tuesday, he called for a hearing that will take place this afternoon, notes The Associated Press. He realized that Montana requires a minimum two-year sentence for Rumbold's crime. “In the Court's opinion, imposing a sentence which suspends more than the mandatory minimum would be an illegal sentence,” Baugh wrote.

The AP also reported that prosecutors have appealed the sentence. "We believe that the sentence Judge Baugh imposed on Stacey Rambold is illegal," Attorney General Tim Fox stated. “Using the means provided by state law, we are appealing his sentence and working diligently to ensure that justice is served.”

Auliea Hanlon, Charice’s mother,said that she was happy to see that prosecutors are appealing. “Mrs. Hanlon was horribly disappointed with the 30-day sentence and was, frankly, quite shocked,” her attorney, Shane Colton said. "She's pleased that the county attorney's office and attorney general's office understands that the most significant date to be considered in this sentencing is Cherice's birthday. She was 14."