The Bobcat Nation

Brown sentenced for rape


Former MSU basketball player gets 90 days in jail, probation



By TED SULLIVAN Chronicle Staff Writer




Former Montana State University basketball player Frank Charles Brown was sentenced Monday to 90 days in jail and six years probation on charges he raped a then 15-year-old girl last fall.
“Why did you do this?”Judge Mike Salvagni asked Brown in Gallatin County District Court.
“I have no idea why,”Brown responded.“It was out of my character.”
Brown,a former Bobcat starting point guard,was charged in November with raping the girl on two occasions.He was then suspended from the basketball team and left the university to join his family in Las Vegas.
“I am truly sorry for my actions,”Brown told the court Monday.“I have made an awful mistake....I pray to God for my forgiveness.”
Brown,wearing a dark suit, was handcuffed and escorted to Gallatin County’s jail despite a request to serve his time at a future date.
“You will not be given a privilege of making a reservation,” Salvagni told him.“While you’re sitting over there,I want you to reflect on how serious this is.”
Brown,21,was drinking liquor and watching a movie with the girl in November at his apartment.The girl doesn’t remember anything until waking up at her neighbor’s house the following day.
Prosecutors said Brown had sex without the girl’s knowledge while she was passed out. A 15-year-old can’t consent to sex with an adult, according to Montana law.
The girl experienced genital pain the following day and went to Bozeman Deaconess Hospital.Doctors found signs of penetration and sexual abuse. Brown later told police he had sex with the girl on two occasions and knew she was 15.
He later pleaded guilty to the charges in a plea agreement.
In court Monday,Brown’s family sat in the front two rows of the courtroom.The victim, her mother and father sat behind them.
“The biggest thing I’ve lost from this is my virginity,”the girl,now 16,told the court.“It was just ripped from my hands.”
She cried on the witness stand,told Brown how angry she was at him,saying he had shown no remorse and had no idea what she’s been through.
“I’ve lost almost all of my friends,”she said.“My family will never look at me the same because of something that you did.”
Her mother,a Bobcat fan and booster,told the court her daughter has been held accountable for drinking, sneaking out and being with older men.She then asked that Brown be held accountable for his actions.
“We are not trying to ruin a young man’s life,”she said.“We are not trying to seek revenge.”
Salvagni praised the victim for having the courage to confront her rapist,then scolded Brown for supplying a minor with alcohol and violating her.
He sentenced Brown to 90 days in jail despite a plea agreement recommending 30 days.
Salvagni said a psychosexual evaluation indicated Brown lied about knowing the girl’s age and that he hadn’t accepted responsibility for his actions.
“I was concerned,when I read this material,about your attitude,”Salvagni told Brown. “You need to be totally honest.”
In addition to jail and probation,Brown must undergo treatment and register as a sexual offender.He was credited for two days already served in jail.
Ted Sullivan is at tsullivan@dailychronicle.com

Just a bad situation, anyway you look at it.

Maybe it's just me, but that seems like a VERY light sentence.

El_Gato wrote:Maybe it's just me, but that seems like a VERY light sentence.

I have a friend who deals with this kind of stuff a lot. It was rather light, especially when you consider the content of testimony of the victim and family. 12 months in actual jail might be more in line in what he predicted. Brown should consider himself very lucky. I am not ready to lable Frank as a "bad guy" just really stupid. Lets hope all involved can put their lifes back together and put this behind them in a healthy way.

El_Gato wrote:Maybe it's just me, but that seems like a VERY light sentence.

I agree; it does seem very light. I hate to play mindreader, but based on the judge's comments at the sentencing, it seems likely that he would've imposed a *much* longer sentence if Brown had gone to trial and been convicted instead of pleading guilty.

For what it's worth, though, I would argue that the stigma of being a convicted sex offender is a harsher punishment than the actual jail time. For the rest of his life, every job application this kid fills out is going to have the fact that he's a registered sex offender stapled to it. I'm not saying I don't think he deserved more jail/prison time, because I do, but when considering whether or not he got off too easy, keep in mind that the jail sentence isn't the whole story.

--GL

This is a pretty standard sentence for the type of offense considering the lack of past criminal history.

El_Gato wrote:Maybe it's just me, but that seems like a VERY light sentence.

I heard the original was 30 days! This is very light!

I'm not saying it's light or harsh, but whne you consider his past criminal history, the circumstances of the offense, the SO evaluation and recommendation, etc. this is right on par for MT.
Good or bad I wont say.

30 days for rape. If he worked for enron, even if he was the mailclerk, there would be more of an uproar.
1) He knew her age
2) I dont think we need to go over her case
3) Alcohol was involved
4) he admitted to the sex

yes it was rape even if she was underages and concented. In montana law she could not legally concent to the sex


i say give him a one way trip to deer lodge

Too bad! This guy got off way to easy. I know of a person that had a similar sit. with a few under aged and got 15 years fixed. This guy got LUCKY! Us as parents need to keep an eye on our kids also. We have some accountibility keeping tract of our kids don"t we? Not justifying what he did because he was in the wrong 100%.

Does anyone know how Montana's sexual assault laws stack up to other states' laws?