Genoa 19-year-old gets probation in statutory rape case

By: The Citizen staff report

Tuesday, February 17, 2009 2:01 PM EST

AUBURN - A 19-year-old Genoa resident who admitted to the statutory rape of an underage girl over the course of six years was sentenced in Cayuga County Court Tuesday to time already served in jail with 10 years of probation.
Cayuga County District Attorney Jon Budelmann said Nathan Hale, of 1066 Maple Street, began to rape the 9-year-old girl when he was 13 years old.

Hale was eventually arrested by the Cayuga County Sheriff's Office and charged with second-degree rape on July 21 after an anonymous source contacted Child Protective Services through a child abuse hot line.

In addition to the six months already served in jail and probation, Jonis Strods, Hale's attorney, requested that Cayuga County Judge Mark Fandrich treat Hale as a youthful offender given his client's age, and to seal his record.

Budelmann said he opposed treating Hale as a youthful offender because Hale would not have to register as a sex offender. Budelmann also said Hale minimized his conduct in a pre-sentence report when he said the victim consented to the sex.

When he was given a chance to address the court, Hale asked for leniency and apologized for his actions.

"I would take it back if I could," Hale said. "I won't hurt anyone no more, I won't do nothing else."

Fandrich denied the youthful offender request citing the nature of the case and set a sex offender registration hearing for April 3.

"I have no doubt that you need help and it bothers me, and I understand why it was said, that you said this behavior was consented to by the victim," Fandrich said. "The victim is four years younger than you, and it is absolutely disgusting that this went on for six years."

The Citizens' Say

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There are 6 comment(s)

Farmer's Gal wrote on Feb 18, 2009 8:01 AM:

" The age difference between a 9 year old and a 13 year old is huge in developmental and social terms. One wants to know -- where were both sets of parents all this time? SIX years and it takes an anonymous tip to a hotline before anyone notices? "

sabrina5487 wrote on Feb 17, 2009 10:27 PM:

" He was 13 years old when this started happening, what did he know when he started? I'm not siding. I take the article was saying the girl has to be 15 now. It is a 15 yr old girl and a 19 yr old boy now. I think it should be written better. I doubt the girl was 3 years old when they started this whole thing. Wish they were clearer. started at 13 years old when girl was 9years old. "

FS II wrote on Feb 17, 2009 10:15 PM:

" I will never understand how the Judges in Cayuga County hand out justices. Murders, go to prison, then there let out because the DA provided false evidence, or no murders go to jail for killing anybody, or if you steal from your boss the City and keep it for a period of time and the City finds out that it is stolen, the crook is told bring it back and we will forgive you. The Legislators have been stealing from the taxpayers for years, paying milage to them to drive to a job that they asked the voters to give to them or how about the health insurance they get for life after 10 years as a legislator. Or how about the inside line on jobs that county Legislators get in the county while severing as a legislator. Bottom line there is no Justices in Cayuga County or the City of Auburn. Now a judge agrees a nine year old consented to sex, bet it wasn't his daughter. Cayuga County and the City of Auburn will never stop amazzing me. The dirt in Auburn and Cayuga County is so thick. "

Farmer's Gal wrote on Feb 17, 2009 5:27 PM:

" My God, that means this was my NEIGHBOR. Just moved in the other side of the main drag this past summer.

What a ridiculous question -- OF COURSE you still say it the other way around -- a 9-year-old is a child regardless of gender -- AS IF THAT HAS ANYTHING TO DO WITH THIS CASE! Do you think it would make it OK to do that to a 9-year-old girl child if someone thought it was OK to do it to a boy?!?!??? "

Northender wrote on Feb 17, 2009 4:40 PM:

" but IF it was the other way around would you still say that "

movedsouth wrote on Feb 17, 2009 3:40 PM:

" Time served for raping a 9 year old girl, that's terrible. Consented to the sex? NINE YEARS OLD!!!!!!!!! "

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