50-year-old man sentenced to 3 years in prison for raping girl
"The sentence is within the legal sentencing range for a statutory rape charge," she said.
The DA’s office did not say if there was a specific circumstance that led to the shorter sentence, but noted “All parties were amenable to this resolution.”
Neither the Georgia Public Defender Council nor Davis’ attorney Richard Silver, who works for the DeKalb public defender’s office, would comment on the specifics of the case. Silver, however, acknowledged that generally, mandatory minimum sentences do not have to be served entirely in prison, so Davis’ total 10-year sentence falls within the state’s recommendations.
Judge Scott did not respond to requests for comment.
The attack happened off Waldrop Road between 10 p.m. on Halloween night and the next morning at 4:30 a.m., The Atlanta Journal-Constitution reported in 2017. According to the initial warrants, the girl said she tried to fight off Davis, who she said she didn’t know, but he wouldn’t stop. She later asked two men for help and they flagged down an officer.
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Davis was initially charged with rape, kidnapping, simple battery and child molestation. But only a charge of statutory rape was presented to a grand jury for Davis’ indictment, according to court records.
In his prison sentence, Davis was credited with the time he has served in jail, meaning he may be released from prison next year.
As part of his sentence, Davis must also register as a sex offender and have no contact with the victim.
Brooks Hunnicutt, who works with the Atlanta-based Crime Victims Advocacy Council and runs support programs for sexual assault survivors, said she is not familiar with the details of the case, but said she was surprised by Davis’ sentence.
“I think three years is a bit light for me,” she said. “I would probably try to get the maximum sentence.”
An offense like this can affect the victim for the rest of their life, so “it’s really important for the abuse survivors to be able to have guidance and therapy to help them,” Hunnicutt said.
When Davis was arrested, he was out on a $5,000 bond for a misdemeanor charge in a family violence case. In July 2017, months before the rape on Halloween night, he was charged with battery and two courts of third-degree child cruelty.
The family violence case remains open, court records show.
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