A 28-year-old Lawrence woman received on Friday a sentence of 165 months for sexually abusing a 4-year-old child.
Dawn C. Lyles had pleaded no contest to rape last month.
The prosecution argued that Jessica’s Law applied in the case, which would have taken Lyles off of the normal sentencing guidelines. She would have faced 25 years to life under that law’s sentencing guidelines.
However, Douglas County District Court Judge Robert Fairchild granted the defense’s request to downgrade her sentence based on several factors.
Fairchild said Lyles’ lack of any criminal history, her own trauma that she endured as a child, support from her family, her cooperation with the police investigation and the disproportionate sentence for the crime all weighed in his decision.
John Kerns, Lyles’ attorney, said that if Lyles had been convicted of second-degree murder and killed the victim instead of abusing him, she would have been subject to about half the sentence called for in Jessica’s Law based on her lack of criminal history.
Three family members spoke on Lyles’ behalf, saying that she had a history of alcohol abuse, and pointed out that she admitted being intoxicated when the incident occurred.
Lyles wiped away tears as family members told the court that they loved and supported her. While family members said they realized she had to be punished for her actions, they hoped she would have the ability to find help for her alcohol issues.
Lyles herself briefly addressed the judge, and apologized “to everyone.”
“I take full responsibility for my actions,” she said.
Fairchild ruled that Lyles will be subject to the lifetime post-release supervision called for in Jessica’s Law, which will be enforced by electronic monitoring. She will also have to register as a sex offender.
A previous version of this story incorrectly reported the plea that Lyles entered in the case.
Comments
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srj (anonymous) says…
I can't help but think a man would never had a "downgrade" in sentence. And using "alcohol abuse" as an excuse is almost offensive.
smitty (anonymous) replies…
agree
BallHawk (anonymous) replies…
You apparently don't remember the Division 5 case where several young men took turns raping a 13 year old and were sentenced to 6 months with 5 years probation. Of course they were resentenced because it was too great a downward departure considering the nature of the crime. With this in mind you can imagine the typically lighter sentence men get for raping adult women.
rbwaa (anonymous) replies…
that's not true - although the drug abuse excuse is used in it - look at this:
http://www2.ljworld.com/news/2010/may...
and let's wait and see what happens in this one:
http://www2.ljworld.com/news/2010/jun...
rbwaa (anonymous) replies…
for those not wanting to take the time to look up the articles - one man, using a meth abuse defense, was sentenced to 10 years for sexually abusing 3 girls over a 6 year period and the one awaiting sentencing committed multiple sex crimes against a 6 year old.
maxthecat619 (anonymous) replies…
Agree with you 100%...This double standard has got to stop, and voluntary intoxication has never been recognized as a mitigating factor.
lionheart72661 (anonymous) says…
"alcohol abuse"? so now that can be used as a defense in all alcohol cases "Uh, your Honor, I would like to present the state -vs- Lyles, in which alcohol abuse was used by the defense and accepted by the court, etc.."
artichokeheart (anonymous) says…
Alcohol be damned, I don't buy it. Intoxication is no excuse. I am always sicken by these crimes but when a woamn is a perpatror it is worse as far as I am concerned.
grammaddy (anonymous) replies…
Agreed! So much worse. Women are traditionally raised to be the caregivers, for a woman to do this is inexcusable. And to a 4-year-old child, it's disgusting.
bad_dog (anonymous) says…
Gee online editorial staff, I wonder what the LJW poster with the "losername" KSA_ 21_3503 thinks about this article? This username utilizes the Kansas statutory reference for "Indecent Liberties With a Child" for those who may be unaware. I hope he/she/it isn't too upset by this sentencing.
Really LJW, why do you permit this username? It is certainly an affront to any victims and seems to be seeking attention for one of the most heinous crimes imaginable. Why in the heck anyone would want this as their username is beyond me.
While I don't agree with the content of most of this user's posts, it is the username I'm objecting to here and not merely an attempt to censor. Other user accounts have been disappeardededed for much less. Do the right thing LJW staff!
PopcoRN (anonymous) says…
So experiencing trauma as a child then gives you permission to go ahead and perpetrate trauma onto another human being and ruin their lives, giving them permission in the future to traumatize yet another individual and continue the cycle???
What. The. ????
kernal (anonymous) replies…
Probably why she 's an alcoholic, but you're right - it's no excuse for raping a child.
beatrice (anonymous) replies…
Reality check: Being sentenced to 14 years in jail is far from the same as being given permission. While she could have been given a greater sentence, and I wouldn't have cared if she had been given 50 years, but you should realize that 14 years is no walk in the park.
notyourmom (anonymous) says…
"disproportionate sentence for the crime all weighed in his decision" It is grossly inappropriate for a County Judge to use this as a factor when dozens of cases in Kansas alone as well as countless cases across the nation are fighting their way through the Supreme Courts. MR. Robert Fairchild should be thrown off the bench.
none2 (anonymous) replies…
So you are saying Lyles should have also killed the child so that she would have been deserving of a less sentence?
I'm sorry, but anybody who murders a child deserves the most strictest punishment. To punish someone more for molestation than murder is the same as encouraging them to kill the victim after they got their jollies. It is bad enough that this child's innocence was robbed, to take their life is much worse.
mk9992 (anonymous) says…
most strictest?
lily (anonymous) says…
She deserves a bullet in the head. No less.