District Judge G. Todd Baugh sentenced former Billings Senior High School teacher Stacey Rambold to 15 years, but then suspended all but 31 days and gave him credit for one day already served.
But at the time of the sentencing in August, the judge said the young rape victim was "as much in control of the situation" as her rapist, adding that she not only had equal control of the rape, but was also a troubled youth "older than her chronological age."
Baugh backpedaled Aug. 28, with the statement, "I'm saying I'm sorry and it's not who I am. I deserve to be chastised. I apologize for that." He added that he was "fumbling around" in court and "made some really stupid remarks."
Still, the judge stood by his sentencing for the 2007 attack on the 14-year-old.
This morning's Missoulian reports that the state of Montana now argues the minimum sentence for Rambold, 54, would have been two years in prison, and that a sentence of 20 years behind bars—with 10 years suspended—would be appropriate.
The victim killed herself weeks before her 17th birthday, in 2010.