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Austin S. Clem

Austin S. Clem

I know I’m going to get some criticism for even bringing this up, but I’ve been struggling with myself over this one case and how it was handled.

Last week, a circuit court judge in Alabama handed down a completely suspended sentence – no prison time – to a 25-year-old defendant who had been convicted on three charges of rape – one Class A and two Class B – all of them against a teenaged girl, 14 and a neighbor when the first assault occurred.

Why am I struggling? Because it may be that this defendant, Austin S. Clem, a pipe-fitter and the father of three daughters, is redeemable, and that redemption could be lost if he has to spend considerable time in prison. On the other hand, the victim went through a horrible experience and is entitled to justice.

This is not like the case we wrote about recently in which a mature teacher in Montana was given only a month in jail for the rape of a teenaged student. In the Alabama case, the victim and defendant were only five years apart in age, and Mr. Clem has not gone on to be a serial predator. Though John Douglas and I have no great faith in rehabilitation for most types of violent and/or sexual offenders, in cases such as this, there is solid statistical and experiential evidence to suggest that Clem will not reoffend.

Unlike certain typologies of rapists about whom we have written, such as anger-excitation and sadistic rapists, Clem is considered nonviolent, though it must be said that nonviolent is a term of art when it comes to rape. Any sexual assault by definition involves some degree of force and coercion. The point is whether he is likely to do it again.

The program Clem must attend is designed for those defendants “likely to maintain a productive and law-abiding life as a result of accountability, guidance and direction to services they need.”

The defendant in this case, Courtney Andrews, now 20 years-old, has shown admirable courage and fortitude in coming forward and being willing to discuss her trauma publicly in a noble effort to increase awareness of sexual assault and how the judicial system handles it. And in reaction to the suspended sentence, she told The New York Times, “I’m so disappointed in the judge and the judicial system. This is my life that you’re talking about that’s been messed up immensely through this, and he just gets to go home.”

The jury foreman said that all of the jurors expected Clem to do prison time.

It must be added that Circuit Court Judge James W. Woodroof has structured the probation in such a way that if Clem gets into trouble again or violates any of the terms of his supervised freedom, he will end up in the slammer and could be facing the full 35-year sentence. So if he truly is redeemable and nonviolent, this is assurance that he will remain so. If not, he is automatically off the streets for a long time.

So in the end, how do I and people who think as I do resolve this?

Well, much as I’d like to see Mr. Clem go straight, I always consider the victim first. As John Douglas has often said, “Whoever hires me to look into a case, I am always working for the victim.”

And so if Ms. Andrews and her family and friends need Mr. Clem to do prison time to feel that justice has been served and the system has done what it can to restore her – and I consider this a perfectly understandable and reasonable expectation – then that is what should have happened.

So while I am sympathetic with Judge Woodroof for trying to keep someone a productive member of society, it is more important to serve the needs of the victim than the offender.

That’s what justice should be all about.

2 Responses to How Is Justice Best Served Here?

  1. I admittedly don’t have enough information on the crime scene particulars of this case to render an informed judgement, so I can only say that IF it was a statuatory rape case (involing consensual sex with a minor five years his junior) I could understand leniency. If he FORCED himself on her, (regardless of the degrees of violence involved, and his Typology as an offender.) he should do time. In such instances, “it is more important to serve the needs of the victim.” as you rightly said. There is also the psychological toll that it has taken on the victim to consider. While his actions may not have been violent per se, they have obviously had a considerable impact on the Victims State of Mind, and the way she now views men, relationships, and others in society will be grossly effected by his actions. It really is a slap in the face of Justice if a man who raped a woman on at least three occasions does no time for his crimes. Redemption is always questionable, and begins with a Repentant state of mind, and honest desire to reform…since I don’t know the man personally I cannot say whether or not he’s redeemable. I suppose it’s possible. Interesting article sir.

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