Alabama District Attorney Seeks Prison Time for Rapist Sentenced to Probation

Courtesy of Athens Police Department

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An Alabama district attorney filed a motion today seeking prison time for Austin Smith Clem, who was convicted of repeatedly raping a teenager—twice when she was 14—but was given only probation and a stint in community corrections as punishment.

Brian Jones, the Limehouse County district attorney, told Mother Jones on Friday that his office was reviewing its options to “achieve a sentence that gives justice to our victim.” This afternoon, Jones emailed reporters a copy of a motion he filed to stay Clem’s sentence and incarcerate him.

Jones has also filed a petition for a writ of mandamus for the Alabama Criminal Court of Appeals. The petition argues that Clem’s current sentence is illegal, and it asks the appeals court to order the presiding judge in Clem’s case, Circuit Court Judge James Woodroof, to “vacate his sentencing order…and re-sentence the defendant according to the provisions of Alabama law.”

In September, a jury convicted Clem of two counts of second-degree rape and one count of first-degree rape. Woodroof sentenced Clem to 10 years in prison for each of the second-degree rape charges and 20 years for first-degree rape. But Woodroof “split” the sentence so that Clem would serve two years in Limestone County community corrections program, a program aimed at nonviolent criminals, and three years of probation.

Jones’ petition asks the appeals court to consider whether Woodroof, in doing so, violated the Alabama split-sentence statute and the Alabama Community Punishment and Corrections Act. The petition argues that Alabama law prohibits a sentence for a felony—such as forcible rape—from being served in a community corrections program. “Rape by force or compulsion must be treated by the criminal justice system as a violent offense,” the petition states. “To suggest otherwise runs afoul of thousands of years of both sound jurisprudence and experience.”

On Friday, in response to his punishment, Clem’s victim said she was “livid.”

In an interview with Mother Jones, Clem’s defense attorney, Dan Totten, defended the sentence, saying, “[Clem’s] lifestyle for the next six years is going to be very controlled…If he goes to a party and they’re serving beer, he can’t say, ‘Can I have one?’ If he wanted to go across the Tennessee line, which as the crow flies is eight or nine miles from his house, and buy a lottery ticket, he can’t do that.” Totten noted to Mother Jones that he has been friends with Woodroof since childhood. He did not call any witnesses in defense at Clem’s trial.

 

 

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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