Hand Slap in Sex Abuse Case Being Appealed

(Hillsboro, Oregon) Last April, 25-year-old Veronica Lee Rodriguez was indicted on two counts of first-degree sexual abuse for having an inappropriate sexual relationship with a 12-year-old boy. While working at the Boys & Girls Club, Rodriguez engaged in touchy-feely, hoochy-coochy, and rubby-rubby behavior with the boy. Subsequently, Rodriguez was convicted by a Washington County jury of one count of first-degree sexual abuse.

According to the Oregon mandatory minimum sentencing law called Measure 11, a prison term of six years and three months is specified for first-degree sexual assault. However, contrary to Measure 11, Washington County Circuit Court Judge Nancy Campbell sentenced Rodriguez to 16 months.

Campbell said the Measure 11 sentence would be "shocking to any reasonable person," given the case's facts. She said it would violate the Oregon Constitution as "cruel and unusual punishment."

Rodriguez "has no prior criminal record, has lived an exemplary life, has achieved probably more than her parents hoped for and has made a very positive impact on the lives of many children," the judge said.

Judge Campbell thumbed her nose at Measure 11, which was specifically passed to protect children, and allowed Rodriguez to receive a hand slap. During the trial, Judge Campbell was reported to have echoed the sentiments of supporters of Rodriguez, showering praise of her achievements and pointing to her clean criminal record.

Not to be deterred, however, spokesman Kevin Nealy of Attorney General Hardy Meyers' office stated that a notice of appeal has been filed against Veronica Rodriguez. According to Nealy, only a handful of judges have challenged the requirements of Measure 11 and all have been overturned on appeal.

Companion post at Conservative Thinking.


[Update 12/26/07]

An Oregon Appeals Court has rejected Rodriguez's hand slap.

A 27-year-old Beaverton woman who spent just less than a year in prison for sexually abusing a 13-year-old boy at the Boys & Girls Club will have to serve another five years under an Oregon Court of Appeals decision released Wednesday.

A three-judge panel decided that Washington County Circuit Court Judge Nancy W. Campbell was wrong not to impose the full 75-month Measure 11 sentence on Veronica Lee Rodriguez, who was convicted of first-degree sexual abuse in 2005.

Heh.