For the past year, he's been free on probation, cleaning up trash around the courthouse for community-service work, going to bars and occasionally staying at a homeless shelter.
But on Thursday, Michael J. Rayton, 29, stood before a judge faced with the possibility of going to prison for his role in the 2003 statutory rape of a 13-year-old girl. His probation officer said he's repeatedly violated probation during the past year by breaking curfew, missing appointments and drinking alcohol.
The victim's mother said Rayton has been allowed to go free for too long. She said it's another sign that the system has been too lenient on the men who had sex with her underage, intoxicated daughter.
"It's been a year that these violations have started and continued," she said. "I just think that's a really long time for a person convicted of a felony to continue to violate their probation and be allowed to be on the streets with no repercussions."
Lengthy violations
In a report filed Monday, Rayton's probation officer alleged that in the past year, Rayton violated probation in the following ways:
¢ Missing eight appointments with either his probation officer or a social worker.
Judge Paula Martin
- 6News video: Judge resentences two convicted rapists (12-06-05)
- Prison time ordered in resentencing for teen rape (10-7-05)
- Probation violations may land rapist in prison (09-02-05)
- Appeals court: 13-year-old's rapists must be resentenced (08-06-05)
- 6News video: Court says judge too lenient in rape case (08-05-05)
- Court of Appeals ruling
- Rapist receives jail term after parole violations (04-20-05)
- Girl's rapist back in court (04-08-05)
- More about Judge Martin
¢ Violating curfew more than 20 times, including being seen earlier this month at the Douglas County Fair with young females.
¢ Drinking alcohol and getting kicked out of a downtown bar.
¢ Failing to write a letter of apology to the victim.
¢ Refusing to stop visiting a local social services agency where a relative of the victim works.
¢ Leaving the county or remaining outside of the county without permission.
Many chances
Ron Stegall, the county's chief executive probation officer, said his officers' philosophy was to give people as many chances as possible. They seek to revoke probation only if there is a clear public safety danger or if it's clear the person has stopped making an effort to succeed on probation.
"Our philosophy is not, 'You break one condition of probation, we're going to put out an affidavit and try to get you to prison,'" he said.
According to court testimony, Rayton has a brain disorder and I.Q. between 61 and 75, something Stegall said his office took into account. Only in recent weeks, after Rayton continued to violate direct orders from his probation officer, did it become clear that Rayton wouldn't be able to make it through probation, Stegall said.
Rayton is scheduled to appear in court Thursday for a hearing on the allegations and was being held in the Douglas County Jail on Thursday with bond set at $15,000.
Judge Paula Martin has options, including sending him to prison, putting him back on probation or sending him to 'shock time' in jail.
Ongoing controversy
Rayton's arrest is the latest episode in a controversy that began in June 2003 when he, two other men and a juvenile had sex with the girl at a central Lawrence apartment as the juvenile suspect's mother slept in a nearby room.
Before the sex happened, the girl had been vomiting and had to be carried up a flight of stairs.
Under Kansas law, sex with a child younger than 14 is considered rape, even if there is no physical force, and carries a minimum penalty of about 13 years. Two of the men, Brian K. Ussery, of Tonganoxie, and William N. Haney, of Lawrence, were convicted of rape.
Rayton entered a plea to aggravated indecent liberties with a child, which normally carries a sentence of about five years in prison.
But based in part on a finding that the girl was an "active participant" and wasn't harmed as much as some rape victims, Judge Martin lightened sentences from prison to probation time for the three men, with the possibility of serving 30 months in prison if they violated probation.
The sentences led to an unsuccessful effort to vote Martin off the bench in the November election.
In April, Haney was sent to prison for violating his probation after racking up a list of violations similar in length to Rayton's. And last month, the Kansas Court of Appeals overturned Martin's sentences for Haney and Ussery, finding they were too lenient and an abuse of discretion.
The two men are expected to be resentenced in coming weeks.
Probation officer Stegall said Ussery was doing well on probation.
Comments
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craigers (anonymous) says…
I hope that Paula Martin does the right thing this time around. minimum 30 months in prison would be the right thing. Put the rapists in jail.
Dani (anonymous) says…
Ok, it seems to me that this guy had violated every part of probation on multiple occasions and it was known to his probation officer. Yes this guy needs to go to prison and his probation officer should be removed from duty.
christie (anonymous) says…
Why does this not surprise me. The guy should be doing hard time already for what he did. The guy catches the biggest break of his life, and what does he do?... he thumbs his nose at society in general. And he's violated probation how many times???? And they're just now getting around to this????
I think Paula Martin and the probation staff should all share the same jail cell.
Confrontation (anonymous) says…
I agree with Dani. The probation officer would revoke the probation "only if there is a clear public safety danger or if it's clear the person has stopped making an effort to succeed on probation." Okay, this should have been obvious a long time ago. He should have been locked up a long time ago. Why didn't they arrest him right after they saw him hanging around with young girls at the Fair? This just shows how society in general views the safety of women and children.
neopolss (anonymous) says…
IQ between 61 & 75? Man, usually an IQ around 60 is full blown retarded.
Carmenilla (anonymous) says…
Who cares what his IQ is! He should be treated like an animal. Heck, in Texas they execute people like him despite their low IQs. We don't need to give special rights to retarded scum.....They should know better!
*fit of sarcastic rage ends*
missmagoo (anonymous) says…
well if this doesnt prove this case should put the rapist in prison then i dont know what will..what a loser..and shame on you judge.
OldEnuf2BYurDad (anonymous) says…
I've written some slightly moderate posts regarding sexual crimes like this, but I won't be moderate on this one.
First of all, I am appalled that he was allowed to amass so many violations. Why? That's what I want to know: why. 8 missed meetings. no letter of apology!
That leads me to #2: These violations clearly indicated that this perp does not give a crap. If he felt he had done something wrong, you wouldn't have to tell him to write an apology. Missing appointments with counselors and officers indicates that he's not motivated to change. This boy (I won't call him a MAN) could not articulated to someone what he did wrong if his life depended on it.
Yes, I agree. It is time for her Hon. Paula Martin to bring down the hammer on this boy. As far as his IQ goes, I understand that a low IQ makes someone "stupid" (for a lack of a better word), but stupid does not mean "no sense of right or wrong".
angelofmine (anonymous) says…
You know. Probation violations going essentially unnoticed is nothing new. And what can the public do about it? Not a whole heck of a lot. Its particularly scary when you're dealing with violent offenders on probation for rape and assault.
I know someone on probation in Leavenworth County for nearly strangling his fiancee to death in front of her child. The man has had his home raided by the drug task force, who found firearms, drugs, para., and counterfeit money. In June a urinealysis that he gave his probation officer tested positive for the byproducts of methamphetamine and marijuana, as well as bench warrants.
Somehow, he still walks free and his probation officer still has a job. By the way....he frequents Lawrence bars. Most likely looking for new victims!
serenitynow (anonymous) says…
I have seen this clown around Mass St drunk and loud and obnoxious and hollerin at girls including my friend if I had known he was a punk child molester wheww
I hope the courts do their job since the probation dept in this town cannot do theirs lock this freak up and let the inmates teach him what should happen to a guy like him lock him up judge get a spine