Rapist must serve above guidelines sentence - judge

A Lackawanna County (Pennsylvania) judge has denied a request by a rapist sentenced to between 43 and 86 years in prison to lighten his stiff sentence. Charles Lake, 39, raped an 18 year old Dunmore, PA woman then hid in the woods for 20 days, subsitsing on worms and creek water.

Under the plea agreement, prosecutors recommended a sentence of 25 to 50 years. Judge Michael Barrasse, presiding over the case, did not have to follow the suggestion. Mr. Lake admitted to raping the 18-year-old after tying her up and threatening her with a butcher knife. He also choked the victim, who managed to escape after telling her attacker she couldn’t breathe and needed her inhaler, according to court records.

After leaving the woman’s home, Mr. Lake hid in the woods for 20 days before surrendering to police. He told investigators he drank creek water and ate worms to survive while in hiding. The Times-Tribune does not identify victims of sexual assault.

At Mr. Lake’s sentencing, Judge Barrasse went outside the plea deal and state sentencing guidelines because of the brutality of the rape and the age of the victim. But in court paperwork asking the judge to reconsider the sentence, attorney Jamie Dench said he didn’t believe the judge weighed all the aspects of Mr. Lake’s situation, including the confession he gave investigators and his problems with alcohol abuse.

Deputy District Attorney Michelle Olshefski said she was glad Judge Barrasse didn’t change his mind. “We felt the sentence was more than appropriate,” the prosecutor said. “The judge stated in no uncertain terms the reasons for the sentence ... and that if he could, he would have raised it.”

Lake's attorney expects that the sentence will be appealed to a higher court.

“A judge has the right to sentence to whatever he or she feels is appropriate. So it’s hard to say whether an appellate judge would agree with the reasons he gave for the sentence.”