After being charged with two counts of rape for sexually assaulting two of his classmates while they were unconscious, 18-year-old David Becker was sentenced last week to just two years of probation without having to register as a sex offender by a judge in Massachusetts last week.
Becker's attorney, Thomas Rooke, said in court that the sentence — which completely lacks any jail or prison time — will allow Becker to go on to live a "productive life."
"He can now look forward to a productive life without being burdened with the stigma of having to register as a sex offender," Rooke said. "The goal of this sentence was not to impede this individual from graduating high school and to go onto the next step of his life, which is a college experience."
Palmer District Court Judge Thomas Estes ordered on Aug. 15 that Becker's case be continued without finding for two years (effectively a probation sentence), during which time he has to remain drug- and alcohol-free, submit to evaluation for sex offender treatment, and stay away from the two 18-year-old victims in the case, according to MassLive. This sentence also doesn't require Becker to register as a sex offender, and provided he doesn't violate any of the terms of his probation, a conviction won't show up on his criminal record.
This (very light) sentence allows Becker to stay in Ohio, where he posted on Facebook that he planned on going to school at the University of Dayton. But in an update given to MassLive, the University said Becker will indeed not be attending their school, after all. Rooke wouldn't comment on the school's statement.
Becker was charged with the two counts of rape (as well as a charge for indecent assault and battery on a person older than 14) after allegedly penetrating two unconscious victims with his finger at a house party April 2. According to court documents obtained by MassLive, he and the two victims were all students of East Longmeadow High School. Previous reports on Becker's trial have made an effort to mention the fact that, before allegedly sexually assaulting two unconscious classmates, he was quite the athlete, belonging to as many as three sports teams at his high school. Some headlines also refer to him as a "former East Longmeadow High School athlete" and "East Longmeadow High School student-athlete." So in case it isn't clear: David Becker, who was charged and not quite convicted of two counts of rape, is an athlete.
Throughout the trial, Becker's attorney, Rooke, has maintained that putting Becker in jail, forcing him to register as a sex offender, or referring to him as "David the Rapist" would cause unnecessary damage to Becker's life and character.
"Labeling him 'David the Rapist' is truly an unjust character assassination of what this individual has accomplished in the past," Rooke said to MassLive. "We all made mistakes when we were 17, 18, 19 years old, and we shouldn't be branded for life with a felony offense and branded a sex offender. Putting this kid in jail for two years would have destroyed this kid's life."
Of course a sound counter to Rooke's argument that if a person has committed a felony (or two) at age "17, 18, 19," and is found guilty of that felony (or two), they are likely deserving of being branded a sex offender. Another not unwise point to make would be that the victims of Becker's alleged sexual assaults did not have the right to a trial where a light sentence might be delivered in order to avoid having their lives be "destroyed." In reality, they had no rights at all at the time of the alleged crimes.