Rape video of mute 6 year old: What is proper punishment for perpetrator?

Federal Judge Landya B. McCafferty brought six formal charges of child sexual exploitation against John Allen Wright (45) in Concord, Maine yesterday.  He was also transferred from state to federal jurisdiction.  Wright is accused of sexually exploiting three boys over a 10-month period, and video taping the incidents.

As a school bus driver, Wright transported handicapped children to their schools.  He has worked both in Maine and New Hampshire for various companies.  During the summer of 2011, New Hampshire police and FBI began investigating reports that Wright possessed child porn, and found over 10,000 images on his computer.  Some of the events were allegedly filmed by Wright as he molested some children on his bus.  School officials were contacted to verify identities of the children.  One six-year-old boy from Kittery, Maine was filmed twice during assaults.  The boy has special needs and cannot verbally communicate, but law enforcement officals found ways to understand his experience.

Official federal charges against John Allen Wright regarding:

• Child A:  two counts of sexual assault in New Hampshire between Nov 2, 2010, and April 30, 2011.  
  Federal minimum penalty:  15 years per count
• Child B:  one count of sexual assault in New Hampshire between Nov 2, 2010, and April 30, 2011
  Federal minimum penalty:  15 years per count
• Child C: two counts of sexual assault in New Hampshire  and Maine between July 1, 2011 and July 31, 2011
  Federal minimum penalty:  15 years per count
• One count of possession of child pornography transported in interstate or foreign commerce by any means, including by computer.
  Federal minimum penalty:  5 years per count   Maximum:  20 years

Video tapes were made of the rapes in four of the five incidences from a camera attached to Wright's glasses.  All of the victims are disabled males, presumably pre-adolescents.  If the defendant is convicted of all charges and given the maximum penalty, he will serve 160 years in federal prison.

Even though John Allen Wright will not be tried under state laws, the comparison of the penalties at the state and federal levels shows a wide range of outcomes for the same crime based on the jurisdiction.

Comparable charges under Maine jurisdiction

• Child sexual assault with child under 12 (Gross sexual assault):  Class A felony--up to 40 years and $50,000 fine per count
• Possession of child pornography depicting child under 12:  Class C felony--up to 5 years and $5000 fine
• Maximum could be 205 years and $255,000 fines

Comparable charges under New Hampshire jurisdiction

• Child sexual assault with child under 13 (Aggravated felonious sexual assault): 10-20 years per count in state prison
       Civil commitment to a mental health facility, even after completing a prison sentence
       Lifetime registration as a sexual offender on a readily-available database viewed by the public
• Possession of child pornography depicting child under 12:  Class A felony--10-20 years in prison
• Maximum could be 120 years in prison and additional time in a mental health facility

Wright has pled innocent of the charges.  The trial is set to begin December 14, 2011.

With the average cost of annual incarceration ranging from $30-50,000 per inmate, taxpayers could be minimally responsible for $1.2 million in prison costs if a felon serves 40 years.  Costs are rising about 10% per year, so the final amount could be closer to $1.8 million.  What are your thoughts about the proper punishment for someone who sexually abuses disabled children?

Recommended by the author:

• Maine school bus driver indicted: 10K porn pics, video rape of disabled children.
• $1 million bond set for Ohio mom charged with raping, video taping 10-month son
• Law enforcement gone bad: Police officer has sex on hood of car; now terminated
• Three month old is dead: Dad accused of sexual assault and murder
• Mich. child sex trafficking: "Gruesome" is first case heard under stronger laws

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