This Is Rape Culture

[Content Note: Sexual violence; spousal assault.]

A man in Indianapolis who was convicted of raping his now ex-wife while she was sleeping, likely because he had been drugging her, has been sentenced to eight years of home detention and no jail time:

A jury found David Wise, 52, of Indianapolis, guilty on April 30 of six felonies - one count of rape and five counts of deviate conduct, according to Peg McLeish, a spokeswoman for the Marion County prosecutor's office.

Marion County Superior Court Judge Kurt Eisbruber imposed a two-year suspended sentence plus eight years of home detention for the rape count. Ten-year suspended sentences were imposed for each of the remaining counts.

"We had hoped for some prison time," McLeish said.

Each of the felonies of which Wise was convicted is punishable by six to 20 years in prison. There is no doubt about Wise's guilt, as he recorded himself sexually assaulting his sleeping/drugged ex-wife.

Prior to his sentencing, which allows Wise to continue to work, though he will be monitored by a GPS device, he served 24 days in jail. His ex-wife believes that the abuse was ongoing for three years.

Not only did Judge Eisbruber give a serial rapist a sentence that includes no jail time, he admonished the victim to forgive her rapist:

"I feel like I got sucker punched in the gut Friday when my rapist, my convicted rapist, was given a home detention sentence," said [the woman]. "I heard the judge tell me to forgive my rapist and then I listen to him say he can go home that day. Never in a million years would I have thought anyone would ever, especially a judge, I never thought anyone would ever tell me to forgive my rapist and I mean, in a million years, thought my rapist would be walking out the door with me."

Eisruber has not commented on the generous sentence he gave to Wise, though there are plenty of apologists offering up explanations on his behalf:

Jack Crawford, an Indianapolis defense attorney and former Lake County prosecutor, said he cannot comment specifically on the case, but generally, judges consider several factors in deciding on a sentence. A defendant's criminal history, employment status and likelihood of committing another crime are among those considerations.

"There's a multitude of factors in deciding what the fairest sentence is for all concerned," Crawford said, adding that Eisgruber has a reputation for being firm but fair in his sentencing.

Marc Mauer, executive director of The Sentencing Project, a Washington-based nonprofit that focuses on reforms of sentencing policy, said judges determine the risk to the public and to victims when they're deciding whether or not to incarcerate a defendant. Judges also consider whether a sentence could deter a person or others from committing a crime, he said.

"Rehabilitation is the other," Mauer said. "Would incarceration or living in the community make this person more or less likely to repeat this kind of behavior?"

But Eisbruber did not sentence Wise to therapeutic rehabilitation. Instead, he told his victim to forgive him and sent him home.

This is fucking rape culture.