Judge sentences man to 60 days for sexual assault on young girl
Published: Thursday, January 5, 2006
By Adam Silverman
A Williston man who admitted repeatedly sexually assaulting a young girl for four years was sentenced Wednesday to spend 60 days in prison -- a punishment that angered the victim's family but was defended by the judge as the only way to provide counseling for the perpetrator.
Mark Hulett, 34, pleaded guilty in August to two counts of aggravated sexual assault and one charge of lewd and lascivious conduct with a child, all felonies. He faced up to life in prison on the charges.
The problem, agreed the judge and attorneys, was that the state Corrections Department decided it would not offer any sex-offender treatment for Hulett while he is in prison. The department determined that Hulett presents a low risk of committing a similar crime, and therefore he qualifies for counseling only after his release, lawyers said in court Wednesday.
Judge Edward Cashman's sentence, which he handed down after a two-hour hearing in Vermont District Court in Burlington, could incarcerate Hulett for the rest of his life if he fails to obtain counseling or otherwise follow instructions once he is freed in 60 days.
Judges lack authority under state law to order Corrections to provide treatment for incarcerated inmates, prosecutors said.
Hulett began sexually abusing the girl -- a friend's daughter -- when she was 6, and the conduct continued until the girl turned 10 in April, according to court papers and testimony Wednesday from the girl's relatives.
The Burlington Free Press does not name the victims of sexual assault and is not naming the girl's relatives to protect her identity.
Prosecutors wanted Hulett incarcerated for at least eight years, and in impassioned pleas the girl's family members asked for a stern sentence. Cashman, though, told the crowded courtroom that punishment was not his priority in sentencing Hulett, but rather finding treatment for the man to prevent future abuse.
"This is not a situation where I'm doing this for the family," he said. "My heart goes out to this family, and I would hate to be in the situation this family is. But there's other families out there, and there's other people who could be victimized, and I'm trying to take the long view."
Later, Cashman added that a lengthy prison term "will accomplish nothing but to harden this fellow."
The hearing was unusual at times as Cashman questioned witnesses, sparred verbally with Corrections officials, and at one point engaged in conversation with the victim's relatives as they sat in the gallery. The girl's aunt asked Cashman to impose a sentence of at least four years -- one for each year Hulett abused her niece.
"Mark should be taken off the street so it is not possible for her to cross his path," the woman said through sobs. "She will see Mark enough in her mind."
The Corrections Department's refusal to treat Hulett drew ire from prosecutors and the judge. Defense psychologist William Cunningham said Hulett showed little empathy for the harm he caused the girl and her family; regretted only "the loss of a friend;" and would require stringent supervision and dire consequences to comply with court orders, such as receiving counseling.
Prosecutor Nicole Andreson said punishment is a valid component of a sentence.
"This is not only about Mr. Hulett," Andreson said in arguing for an eight-year minimum. "To sentence him to any less demeans the level of trauma he has caused. To sentence him to any less will send a disturbing message of tolerance to the community."
Cashman disagreed, saying retribution "accomplishes nothing of value."
"We feed on anger," the judge said. "That's not my job. I've got to do something that solves problems. The one message I want to get through is, anger doesn't solve anything."
Hulett spoke briefly at the end of the hearing, crying as he apologized for his actions.
"I want to get treatment. I need it," he said before officers led him from the courtroom to begin his prison term.
After the hearing, Andreson said the main question the hearing raised is why Hulett wasn't eligible for sex-offender treatment as an inmate.
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