Has Vermont become a safe haven for child molesters?

Question

An admitted child molester is walking free in Bennington, Vermont and I’m mad as hell!

Andrew C. James, 37, of Manchester, was sentenced to serve 30 months to five years on Monday but all of the jail time was suspended by Bennington County District Court Judge David Howard. He will attend sex offender treatment instead. He was also ordered to pay a fine of $22.

By law, he could have received up to life in prison, a fine of up to $50,000 or both.

Instead, the prosecutor offered a plea agreement because he was concerned about the 4-year-old victim’s ability to testify.

James has been convicted twice for misdemeanor domestic assault in Vermont. He was sentenced to six to 12 months for both charges, with the jail time suspended. Instead he was placed on probation.

He was later arrested by the Chester Police Department in September 2003 and charged with aggravated domestic assault in the first degree, a felony, for attacking his wife with a screwdriver in front his two children. The charge was reduced to aggravated domestic assault in the second degree, also a felony, in January 2004. He was convicted of the latter charge and sentenced to two-to-four years in prison. All but 30 days of the sentence was suspended.

Now, I understand the logic behind a prosecutor’s unwillingness to go to trial with only the testimony of a 4 year old – I don’t necessarily agree with it that logic, but I do have the capacity to understand -- What I fail to understand is why this man wasn’t thrown into jail the very second he was arrested for molesting this child? As far as I'm concerned, this man is an habitual offender and should have been placed in prison to serve out the balance of his previous sentences the moment he was arrested for sexually molesting a 4 year old boy!

I’ll never understand how the court system and the victims rights' advocates can possibly expect to help end the cycle of abuse when we routinely and publicly diminish the impact of molestation on a child by letting the offender go free. Why in the world would a child seek out a responsible adult and entrust them with their deepest, most painful and shameful secrets, IF THE COURTS ARE JUST GOING TO LET THE PERVERTS WALK?! This child will soon learn, and never forget that his innocence was sold for $22 and a finger wagging (sorry, this sentence can't even be considered a "slap on the wrist").

So my question is this: are you as horrified as I am?

Answer 1

First, I live in VT and trust me we are also horrified. To my knowledge the case that brought the attention to all this last summer where Judge Cashman made national news - he admitted that he hated the sentence that he gave, but VT law does not allow molesters to receive treatment while in jail. So turning the guy lose was the best way to make treatment mandatory. Was it right? No. My understanding is that the law was being changed.

Our problem isn't Dean, though he never helped. The problem is that so much focus is being placed on excessive taxes, increased drug crimes, and the likes are taking the focus off of where it should be. We also are out of prison room and send many of our offenders out of state.

We need to stop sending some people to jail for stupid things like getting caught with marijuana. Save that jail space for the others.

As for molesters, I still say a more suitable punishment once caught - castrate them and dose them up on sex drive inhibitors.

Answer 2

Ya know I follow Bill O'Reilly who takes this issue very seriously, and I just can't believe the people in Vermont! Are they in complete denial or what? This is just telling ALL child molesters to move to VT and molest all the kids you want cuz the law here says it's ok. That is what will end up happening. Then the tourism will slow, and no one will want to live there because the state is plagued with molesters, and the judges are way too conservative and they actually think there is such a thing as rehab for these freaks. I feel for you and suggest Vermonteers take a stand and start making some noise and get people to sign petitions, and get these crappy judges out of office. Good Luck!

Answer 3

Howard Dean

Answer 4

The state government should vote to change the state's name to Pervert Paradise; motto: Come skrew our children with impunity. I wonder when Nambla will move their headquarters to Vermont?

Answer 5

the prosecuter should be dis barred