No Jail Time For Man Who Took Plea Deal In Rape CasePosted: Updated:
There will be no jail time for a 42 year old Sackets Harbor man, who took a plea deal after being accused of repeatedly raping a woman over several years and possessing a number of weapons.
Benjamin Rauch was sentenced Wednesday in Jefferson County Court to 5 years probation and a 1 year conditional discharge. He also was ordered to forfeit illegal weapons and to stay away from the woman.
Rauch originally faced 135 criminal counts, including 46 counts of first-degree rape.
He pleaded guilty in August to second-degree menacing and third-degree criminal possession of a weapon.
Rauch had been accused of raping or sodomized a woman repeatedly between January 2012 and October 2015 and, at times, allegedly in front of a 5 year old child.
"I think there were questions about her (the accuser's) credibility that could go either way and there was a lack of corroborating evidence," said defense lawyer David Antonucci in August. "I think a lot of details in evidence developed after the indictment."
However, the prosecution said it had no problem with the woman's credibility.
Assistant District Attorney Harmony Healy said in August the DA's office had a lot of conversations with the alleged victim and said that she and prosecutors "are happy there was a felony conviction in the case."
Antonucci said the weapons counts stemmed from Rauch bringing weapons to Jefferson County when he was transferred to Fort Drum and not being aware of New York state laws.
A grand jury indicted Rauch in January on the following charges:
- 46 counts of first-degree rape
- 47 counts of first-degree criminal sexual act
- 31 counts of third-degree criminal possession of a weapon
- 9 counts of fourth-degree criminal possession of a weapon
- second-degree menacing
- endangering the welfare of a child
According to the indictment, he raped or sodomized a woman repeatedly between January 2012 and October 2015.
In August 2015, he was alleged to have had sex with the woman in front of a child, who was approximately five years old at the time.
In October 2015, he allegedly displayed a shotgun to threaten the woman.
According to the indictment, Rauch possessed a number of weapons, including two semi-automatic rifles, a Kung Fu star, a stun gun, a metal knuckle, a switchblade and ammunition, which included a 30-round magazine.
State police arrested him on November 6, 2015 for first-degree rape and second-degree menacing.