AUBURN - A 22-year-old woman was denied leniency in Cayuga County Court Tuesday when she was sentenced to six months in the county jail and 10 years of probation for having sex with a 14-year-old boy.
Dennis Sedor, the attorney for Lisa Curcie, of 8 Paul St., lower apartment, Auburn, said that due to the small age difference between his client and the victim, his client's chronic depression and the fact that she takes care of two children, Curcie should receive a lenient sentence.
While six months in jail with 10 years of probation has been the traditional sentence for statutory rape, Sedor said he believed home-bound detention or straight probation would be appropriate.
"Certainly the youngster is a victim, but I think my client is too," Sedor said. "There are two victims in this case."
Cayuga County District Attorney Jon Budelmann said Curcie pursued a sexual relationship with the child after she was taken in by his family when she had no place to live. When the victim's father found out what was going on, Curcie was kicked out of the house.
When she pleaded guilty on Oct. 28, Curcie admitted that after she was kicked out, she continued to meet the boy behind Tops on West Genesee Street where they engaged in intercourse during the summer of 2007.
When given a chance to address the court, Curcie cried as she apologized for her actions.
"I just want to say that I am sorry for what I have done and that I have two children I have to take care of," Curcie said. "I promise it will never happen again."
Curcie currently has joint custody for her 5-year-old daughter with her ex-boyfriend, and is taking care of a 5-month-old boy. No paternity test has been conducted to determine who the boy's father is.
Fandrich said that while he was mindful of Curcie's parental obligations, he would not impose a lesser sentence.
"The crime here in respect to you having sexual relations when you were 21 and the victim was 14 or 15 (years old) cannot go unpunished," Fandrich said. "For some reason, and I don't know why, we've had a rash of these crimes come before the court."
While six months in jail with 10 years of probation has been the traditional sentence for statutory rape, Sedor said he believed home-bound detention or straight probation would be appropriate.
"Certainly the youngster is a victim, but I think my client is too," Sedor said. "There are two victims in this case."
Cayuga County District Attorney Jon Budelmann said Curcie pursued a sexual relationship with the child after she was taken in by his family when she had no place to live. When the victim's father found out what was going on, Curcie was kicked out of the house.
When she pleaded guilty on Oct. 28, Curcie admitted that after she was kicked out, she continued to meet the boy behind Tops on West Genesee Street where they engaged in intercourse during the summer of 2007.
When given a chance to address the court, Curcie cried as she apologized for her actions.
"I just want to say that I am sorry for what I have done and that I have two children I have to take care of," Curcie said. "I promise it will never happen again."
Curcie currently has joint custody for her 5-year-old daughter with her ex-boyfriend, and is taking care of a 5-month-old boy. No paternity test has been conducted to determine who the boy's father is.
Fandrich said that while he was mindful of Curcie's parental obligations, he would not impose a lesser sentence.
"The crime here in respect to you having sexual relations when you were 21 and the victim was 14 or 15 (years old) cannot go unpunished," Fandrich said. "For some reason, and I don't know why, we've had a rash of these crimes come before the court."
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puritanicalsocietysucks wrote on Dec 10, 2008 5:52 PM:
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scouty wrote on Dec 9, 2008 11:30 PM:
and you are an uninformed bystander "
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