Judge outraged that child rapist will not have to register as sex offender - East Idaho News
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Judge outraged that child rapist will not have to register as sex offender

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ST. ANTHONY – A 16-year-old girl told investigators she cried silently as her face was forced into a couch and she was raped by a 46-year-old Ashton man at a friend’s home on New Year’s Day.

That man was Timothy Greene, and he was sentenced to serve 10 years in prison Friday on one felony charge of injury to a child. Six of those years are fixed with the other four being indeterminate.

Greene was originally charged with one felony count of rape, but Fremont County Prosecutor Karl Lewies agreed to drop the rape charge in exchange for a guilty plea to the injury to a child charge.

Ten years is the maximum penalty Greene could receive because Lewies agreed to reduce the charge.

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The sexual assault occurred in the early morning of Jan. 1. Greene’s girlfriend’s teenage daughter had friends at Greene’s home for a party.

The teens were drinking alcohol, according to court records, and Greene admitted he had also consumed alcoholic beverages when he sexually assaulted the girl.

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Judge Gregory Moeller sentenced Timothy Greene to 10 years in prison Friday morning. | Nate Eaton, EastIdahoNews.com

“Sometimes in life it’s necessary to look evil in the eye and call it by its correct name,” District Judge Gregory Moeller said before reading the victim’s disturbing account of what happened the night of the attack.

“I heard Tim walking down the hall. Tim hovered over me. I was asleep but conscious. He knelt over me, straggling my legs as I lay on my stomach face down on the leather couch. He pulled my pants down, just past my bottom. I could feel his fingers dancing around my private parts. I thought I was dreaming at first.”

The victim then described Greene having oral sex and intercourse with her.

“I jerked my head forward, away, but he grabbed the hair on the back of my head and placed my face into the leather, suffocating me.”

She then said Greene left the room twice to speak with his girlfriend but returned and continued to rape her.

“I was crying silently. I heard someone walking in the back of the house and I prayed to God someone would walk in and see what Tim was doing to me. I knew that was the only way anyone would believe me. The only way he would stop. I recall him being done with me, kissing me one last time, grabbing my bottom and under his breath in a groaning voice, I heard him say, ‘I’m so sorry. This is so wrong. This is so bad. I’m sorry.’”

“The world needs to know what he did.”

Moeller said he felt compelled to read the victim’s statement because, as part of the plea agreement, Greene will not have to register as a sex offender and “the world needs to know what he did.”

“I can’t possibly comprehend the pain of this young woman or understand the dreams and hopes of a 16-year-old girl,” Moeller said. “But I want her and the public to understand that I am certain those dreams don’t include being slobbered over and penetrated from behind by her friend’s 46-year-old father. This is reprehensible and deplorable behavior with no justification.”

During the hearing, Greene apologized for his behavior and said he couldn’t recall everything that occurred the night of the rape, because he was intoxicated.

“I am very deeply sorry. I did not mean for anything to happen. I meant no harm, and I just don’t understand exactly what happened,” Greene said. “I love and care for the victim. I’m a caring man, and I didn’t want this to happen. I have no sexual interest in her whatsoever – never have, never will.”

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Greene was led away in handcuffs following the sentencing hearing. | Stephan Rockefeller, EastIdahoNews.com

Greene said he allowed the teenagers to drink alcohol at his home because he assumed they would drink elsewhere on New Year’s Eve, and he wanted them to be safe.

Moeller responded that obviously the victim was not safe in his home.

Citing a pre-sentence report and psychosexual evaluation, Moeller said there’s a moderate risk Greene could commit a sex crime again. He said Greene failed three polygraph tests and fell asleep during one because he may have been on a drug he thought would help him pass the test.

Moeller said Greene also made offensive comments during his pre-sentence report – calling the victim “dirty, not cute and unattractive.”

“I feel my hands have been tied because these charges have been reduced in this case.”

Pre-sentence investigators concluded that Greene should have no unsupervised contact with any minors in the future.

“I feel my hands have been tied because these charges have been reduced in this case,” Moeller said. “I certainly think the charges in this case merit a longer prison sentence than 10 years and certainly require the defendant to register as a sex offender. I can’t do that in this case based on the charge that has been rendered.”

James Archibald, Greene’s attorney, asked Moeller to retain jurisdiction in the case and put his client on a rider. That would mean Greene would go to an Idaho Department of Corrections facility and receive intensive therapy and treatment. He would then be sent to prison or placed on probation.

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Fremont County prosecutor Karl Lewies recommend Greene serve ten years in prison. | Nate Eaton, EastIdahoNews.com

Lewies recommended Greene serve 10 years in prison – the maximum sentence allowed for the charge — with six years of those being fixed time.

“Imprisonment is going to provide an appropriate deterrent, not just for this defendant, but for others who may potentially prey upon young women,” Lewies said.

Moeller agreed with Lewies’ recommendation and also ordered Greene to undergo sex offender and substance abuse treatment while incarcerated.

Greene sobbed as he learned he must also pay a $25,000 fine and a civil penalty of $5,000 to the victim, the maximum amount allowed by law.

Once his sentence was handed down, Greene asked Moeller why it was so harsh.

“Adults are supposed to protect children – not exploit them,” Moeller replied. “You have exploited this girl, and that is wrong.”

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