Editor’s Note: This story contains discussions of rape or sexual assault that may be disturbing. Reader discretion is advised. If you or someone you know has been sexually assaulted, you can find help and discreet resources on the National Sexual Assault Hotline website or by calling 1-800-656-4673.
(NewsNation)— An attorney for one of the survivors sexually assaulted by Jesse Mack Butler is trying to use an Oklahoma law to potentially unwind the controversial plea agreement that spared Butler prison time for raping two high schoolers.
Butler faced the prospect of several years behind bars after being convicted of sexually assaulting two teens, but a judge approved a more lenient “youthful offender” punishment of community service and counseling. The case has generated considerable attention — and condemnation from victims’ advocates.
Now comes an attempt by lawyer Rachel Bussett, who is representing one of Butler’s victims. She has filed a motion that cites “Marsy’s Law,” a statute designed to protect the rights of victims during criminal cases.
“Mary’s Law is a victim’s-rights bill that says victims are entitled to certain things along the process — notice being one of them, the opportunity to be heard, to participate, to review the evidence — and these things just weren’t given,” Bussett told “Banfield” on Friday.
“They weren’t given proper procedural notice, they didn’t know about the plea agreement until shortly before walking into the courtroom. They’ve never been able to see all of the materials. We just feel like they were violated from beginning to end.”
Bussett said she’ll have to show additional legal basis to support a change in Butler’s sentence but added that other filings are expected. She said there haven’t been many post-sentencing “Marsy’s Law” challenges.
As for her client, Bussett said the survivor is “doing as best she can.”
“She won’t ever have a normal teenage life again. Her childhood was stolen from her,” the attorney said.
Now 18, Butler, of Stillwater, Oklahoma, was arrested when he was considered a juvenile. Prosecutors have stood by how they handled the case.