WATERVILLE — A motion asking a judge to reconsider the sentence of a recently convicted child rapist was partially denied Monday.
In sentencing Phillip J. Arnold last month for sexually abusing a young girl, Douglas County prosecutors say Superior Court Judge Brian Huber neglected to hear the opinions of the victim’s close relatives.
Arnold, 39, turned himself into authorities in January and then later pleaded guilty to one count of first-degree child rape.
As part of a Special Sex Offender Sentencing Alternative, the Wenatchee man was sentenced to a year in jail, plus a lifetime of court-imposed community custody conditions. The sentencing alternative allows Arnold to receive treatment rather than the minimum 93-month sentence for first-degree child rape.
SOSSA guidelines require the court to consider the opinions of victims when sentencing a defendant. The victim in this case declined to submit an opinion with the court, according to Douglas County Superior Court documents.
Prosecutors filed a motion May 22 stating that Huber erred in not considering the opinions of the victim’s guardian, sister and aunt, all of whom objected to the SOSSA. Close relatives are also considered victims under SOSSA regulations.
On Monday, Huber ruled that the victim’s relatives should’ve been considered victims, as well, but that there were several other factors that led him to believe the SOSSA was appropriate, according to a decision filed in superior court.
Arnold will serve his sentence at Okanogan County Jail.