Teen Sexual Abuse Victims Called ‘Aggressor’ By Judge, Culprit Given Reduced Sentence

A judge in Kansas recently handed a 67-year-old man, convicted of sexual abuse, a reduced prison sentence after calling the victims in the case the real “aggressor.” The victims were 13-year-old and 14-year-old girls.

Raymond Soden, who was convicted of soliciting a 13-year-old girl on Facebook in January 2018, was given a jail term of five years and 10 months by Leavenworth County District Judge Michael Gibbens, instead of more than 13 years, as the prosecutors had asked for. Soden had a criminal history, which included a conviction for battery and one for sexual battery.

"I do find that the victims in this case, in particular, were more an aggressor than a participant in the criminal conduct," Gibbens said, according to a transcript of the hearing released by the court, Kansas City Star reported. "They were certainly selling things monetarily that it's against the law for even an adult to sell."

Kansas state law dictates that judges must provide “substantial and compelling reasons” behind their judgments when they do not align with sentencing guidelines.

In this case, Gibbens said the evidence that the victims went voluntarily to Soden’s home and taken money in exchange for sexual favors were contributing factors behind his decision. He also rebuked the fact that the victims did not show up at the court when Soden was being sentenced.

Apart from partially blaming the victims for Soden’s actions, the judge also questioned how much the teenagers had really been harmed due to the crime. In doing so, Gibbens took a jab at the 13-year-old’s pre-recorded testimony where she said she felt “uncomfortable” during an incident of physical contact with the culprit.

“And so she’s uncomfortable for something she voluntarily went to, voluntarily took her top off of, and was paid for?” Judge Gibbens asked the prosecutor, to which the latter replied, “Yes, judge. She was also a 13-year-old who under our laws can.”

Gibbens said he understood the prosecutor’s argument, adding, “I wonder what kind of trauma there really was to this victim under those peculiar circumstances.”

Before the judge handed out the reduced sentence, Soden’s lawyer, Clinton Lee, pointed out that one of the victims tried to rob his client during the sexual encounter and the 14-year-old was the one who set up the meeting. Lee also argued the prison time demanded by the prosecutors would be a death sentence for Soden.

Leavenworth County Attorney Todd Thompson, one of the prosecutors in the case, said they were considering filing for an appeal in the case. “We have looked into filing an appeal, but we have not made a decision,” Thompson said. “We always try to zealously advocate for the victims and community safety in every case we pursue.”

Michelle Herman, president and CEO of Sunflower House, a child advocacy center based in Shawnee, Kansas, did not agree with the judge’s reasoning. “These girls are minors, and are the victims, not the aggressors,” Herman said. “Sexual assault is never the victim’s fault. It doesn’t matter what the girls did or didn’t do, he is still the adult and nobody deserves to be taken advantage of sexually.”