News 7 explores differences in punishment for local sex crime cases

4-15-2011 Virginia:

Are Virginia courts fair with how they sentence sex offenders? Two local cases involved the same crime, but ended with very different punishments

We've seen a number of cases recently involving teachers having in-appropriate sexual relationships with underage students.

In some instances the punishments have been very different for those committing the same crimes.

Diana Canter and Rick Witt are two ex-teachers convicted of having sex with underage students.

Look at how they were punished and you'll see a big difference. Witt was sentenced to four years in prison. Canter received no jail time.

"When you talk about child sexual abuse crimes, they're very fact specific and you have to evaluate each case individually," said Liberty University Law School professor and former prosecutor, Basyle Tchividijan.

He says sex crimes often come with different punishments because of how they're tried. Some are decided by a jury, others by a judge.

"When you have a judge making a sentencing decision, they're bound by what we call the sentencing guidelines," Tchividijan.

Those guidelines leave room for discretion, which lead to disparities in sentencing.

"Each case is different and one size does not fit all," said Defense Attorney Deborah Caldwell-Bono, who believes discretion is a good thing.

"If the crime deserves the punishment, the person usually gets it," said Caldwell-Bono. "Our system generally works."

She believes mandatory, stiffer punishments don't work.

"We don't need a machine sitting up there pushing a button saying 'oh you did that, off to the penitentiary and sex offender registry for life,'" said Caldwell-Bono. "You have to look at the people involved and what exactly was done."

Tchividjian believes in discretion, but says the courts need to get tougher on all sex crimes.

"I'm hopeful as a country, we can stand firm in making sure that these type of offenses are always considered the most serious," said Tchividijan.

Some have wondered if there's a double standard when it comes to punishing men vs. women for sex crimes. Tchividijan says he saw that as a prosecutor, especially in cases decided by a jury. He believes attitudes are now changing and that women are getting punishments roughly equal to that of men facing the same charges...Source.. Tim Saunders, Reporter/Lynchburg Bureau Chief