« Courts - "As Court Fees Rise, The Poor Are Paying The Price" | Main | Ind. Courts - "Goshen mayor Allan Kauffman suggests cutting city court" »

Tuesday, May 20, 2014

Ind. Decisions - "Wife who was raped says husband's sentence was unjust"

Updating this ILB post from May 18th, Kristine Guerra of the Indianapolis Star continues her reporting with this story, including video. Some quotes:

In 2011, Mandy Boardman told police her husband had been drugging and raping her while she was asleep.

Her story launched a three-year criminal case that ended Friday at Marion Superior Court. Boardman's now-former husband, David Wise, 52, was sentenced to eight years of home detention.

A jury had convicted him of rape and five felony counts of criminal deviate conduct. * * *

"During the reading of the sentence, the judge looked at me before he gave the final decision," Boardman said. "I was told that I needed to forgive my attacker and move on. I received zero justice on Friday."

Marion Superior Judge Kurt Eisgruber imposed a 20-year sentence, with 12 years suspended and eight years executed through home detention. He declined to comment on the case Monday because Wise plans to appeal.

Marion County Deputy Prosecutor Courtney Curtis said Monday that the state had asked Eisgruber for incarceration, saying the "only proper place to serve this crime is the prison."

"Anyone who has the gall or the selfishness to invade someone else's body does not deserve to sit at home on the couch or to be with any member of his family," Curtis said. "He deserves to be kept away from society, to repent and rehabilitate in the Department of Correction." * * *

As part of the sentence, Wise will be on a GPS monitoring device and will be allowed to go only to work and back home. He also will serve two years of probation.

That is not enough for Boardman, who was married to Wise for 12 years. She said she still fears for her safety and believes Wise will contact her and will continue to fight for visitation of their son and daughter. Boardman currently has custody of the children.

"He will continue to harass me and cause me as much pain in my life as he can," said Boardman, who has since remarried.

ILB: There are many more details in the story. There is no discussion, however, of whether Wise will now have to register as a sex offender, although the ILB has been told by an attorney who practices in this area that "by operation of law he is 'sexual violent predatory' and that designation has a residency restriction. He can petition after 10 years to have the svp designation removed."

Posted by Marcia Oddi on May 20, 2014 08:09 AM
Posted to Ind. Trial Ct. Decisions