Man sentenced to probation for sexual battery of teen in Lawrence

photo by: Kansas Bureau of Investigation

Randy L. Flaherty, pictured Sept. 15, 2020

A Lawrence man was sentenced Monday to three years of probation for a sex crime against a teenage girl.

Lawrence police arrested Randy Lee Flaherty, 36, in May, and he was charged in Douglas County District Court with attempted rape. He pleaded guilty to a lesser charge of aggravated sexual battery on Sept. 9.

During the plea hearing, Flaherty told the judge he had gotten in bed with the teen victim and groped her. Senior Assistant District Attorney Cathy Eaton added that he had attempted to undress the girl.

Under Kansas law, based on Flaherty’s minimal criminal history, his midlevel felony was subject to a sentence of prison or probation at Judge Stacey Donovan’s discretion.

At the sentencing hearing Monday, Flaherty’s attorney, Hatem Chahine, said Flaherty had completed mental health and substance use evaluations, and he’d done everything that was asked of him. Chahine said Flaherty was hoping for probation because he wanted to be a member of society and work to pay all his court costs.

Eaton said that during the hearing, Donovan had heard a lot about what the defendant wanted and needed, but not what the survivor wanted and needed. She said Flaherty had already received the benefit of a downward plea, which would shorten his sentence substantially. Eaton said the violation of the girl’s trust would affect the rest of her life, and she asked the judge to consider the level of safety it might give the girl to know that he’s in custody and “cannot hurt her anymore.”

The girl’s mother told Donovan that the incident had turned their lives upside down. She said the girl was in a constant state of worrying and anxiety. She can’t sleep at night, and she’s struggling with post-traumatic stress disorder. She said the plea Flaherty was offered was nothing compared with the life sentence her daughter was forced into.

Flaherty, visibly emotional during the hearing, said he was sorry that he did this. He said he’d lost everything because of this, including his family and his home, and that it was his fault and he was the only one to blame. He said the girl did nothing wrong and it was not her fault.

Donovan thanked the girl for attending the hearing, which was held via videoconference, and said it took incredible strength to participate in the court process.

“I sincerely hope this becomes a distant memory for you,” she told the girl.

Ultimately, Donovan granted Flaherty three years of probation because she said she believed it would serve community safety interests by promoting offender reformation. She told Flaherty that he was being given an opportunity, and she hoped he would prove that he was deserving of it.

Flaherty must pay attorney fees and court costs of about $1,800, and he must register as a sex offender for 25 years. Should his probation be revoked, Flaherty faces an underlying prison sentence of 34 months.

The Douglas County Sheriff’s Office previously denied the Journal-World’s request for Flaherty’s booking photo because it is not required to be released under the Kansas Open Records Act. The newspaper did not immediately receive a response to a second request submitted after he was sentenced Monday.

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