Judge: Man who admits molesting daughter can avoid jail

AP News
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Posted: Mar 04, 2016 6:24 PM

INDIANAPOLIS (AP) — An Indiana judge is allowing a man who admitted that he molested his daughter to avoid prison in return for long-term financial support of the now 7-year-old girl, who has cancer.

Marion Superior Court Magistrate Steven Rubick sentenced the man Tuesday after he pleaded guilty to felony child molesting, The Indianapolis Star reported (http://indy.st/1LF7zqQ ). Rubick also required the 41-year-old man to register as a sex offender, continue treatment at a counseling center and vacate the family's home so his estranged wife and children could move back in.

The ex-wife wrote a letter asking the court not to send him to prison because she said he could help financially support their children.

Deputy Prosecutor Courtney Curtis, who requested the man serve nine years in prison and three years on probation, said she "completely" disagreed with the sentence, but understood Rubick took into account the mother's wishes.

The man was charged last year after his wife notified the Indiana Department of Child Services of the abuse. The girl told her mother that she had touched her father's genitals, according to court records. The girl later told officials that her father also touched her genitals. The Associated Press is not identifying the man because it would also identify the victim.

The girl, now 7, said her father told her not to tell or he would go to jail, court records state. She eventually told her mother it happened every night when she slept with her father.

The crimes occurred after the girl was diagnosed with a brain tumor in 2013 and her parents took turns taking care of her at night, records state.

The man has been out of jail for the past year but has not paid anything to support his kids, Curtis said. The man also had been living in the family home, records state.

Campbell said the man lost his job after his arrest and was unable to find work until starting a new position two weeks ago. He fully intends to financially support the children in future, Campbell said.

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Information from: The Indianapolis Star, http://www.indystar.com