Expert: Jason Grabill - 7/13/2010

Question
This is an update for my original question posed 5/20/2010(copy pasted below).  We have a court date set for 7/16.  The DA has made a plea bargain NOT to charge the Marine who raped my daughter with a Felony C Sexual Abuse in the 2nd degree (4xs)but instead a Misdemeanor A  if he pleas guilty.  Also required is 5 years probation, requirment to register as a sex offender, including evaluation and treatment, no loitering at places frequented by underage females.  There is an odd twist in tht the DA will only arraign him on the misdeameanor charges and not the felony charges as long as he pleads guilty.  will the sex offender registration requirement be enough alone to end his military career?
Portion of Plea offer:
3. State doesn't charge: Sexual Abuse 2° (x4)
4. State believes defendant's criminal history is: I 5. DNA Draw: Required
**As part of this agreement, defendant shall accurately and truthfully disclose any prior criminal history in the plea petition,
and provide a legally sufficient factual basis in plea petition-paragraph 14 (writing crime title only is insufficient)**
6. Victim Notification: Victim wants to attend sentencing
7. Sentencing Stipulated per ORS 135.432 *No Position is not concurrence with defendant's position.
A. GUIDELINES-NO DEPARTURE H. RESTITUTION J&S W/ CO-DEFS STIP TO ANY REQUESTED
B. PROBATION OR PPS 5 YRS FORMAL I. ATTORNEY FEES Yes
C. FINE J. WITNESS FEES
D. UNITARY ASSESSMENTS YES K. SENTENCE ENHANCEMENTS
E. JAIL/STATE CORRECTIONS L. NO CONTACT VICTIM AND MINOR FEMALES
TO FORFEIT SEIZED:
9. Other:
Deft agrees to plead guilty at initial arraignment to Contributing to Sexual Delinquency of a Minor and be
placed on 5 yrs formal probation; Sex Offender package against minor females; no contact victim and her
family; no contact minor females without prior written permission of PO; DNA/HIV draws as required; sex
offender registration; upon completion of special conditions of probation, defendant may request permission to
convert probation to bench probation;


Expert: Jason Grabill - 5/20/2010

Question
My Marine son met a fellow Marine while the two were in boot camp. They are both in the Reserves and attend monthly drills- both are 23. My son asked if this man could stay at our home for the weekends since his home is 10 miles away. We agreed. The man was engaged and living with his fiance. Beginning last August, this man began having sex with our 17 year old daughter. He threatened her if she told anyone. We discovered the issue in February and filed a police report. We were just notified yesterday by the DA that the charges were Felony 3 but that he and his attorney, working with the DA, have agreed to a Misdemeanor 1, 5-10 yrs probation, community service and a requirement that he register as a sex offender and avoid locations where youth congregate. The Marines have told us that when a plea bargain is made they will review the original charge and the negotiated charges to determine if the punishment fits the crime. They told us they can make an adjustment from penalizing pay to dishonorable discharge depending on the severity of the crime. Is it likely that these charges are severe enough that the young man will be dishonorable discharged from the Marines?

Answer
Ma'am:

 I would say, "Yes", generally.  One thing I WOULD do, is make sure his command gets this information.   Double jeapordy isn't an issue for the military, they can certainly charge him, or just discharge him 'for the good of the service', which they might very well do in this case.   

 I believe, though, this will effectively END his military career.

Jason

PS:  Thank you for keeping me updated....please continue to do so.  I wish only the best for you and your family during this time.