State v. Chaney

Facts

The Appellee, a member of the United States Armed Forces and another individual picked up the victim at a downtown location in Anchorage. After driving around with the victim in their car, they beat her and forcibly raped her four times. Money was also removed from the victim’s purse. After the incident was over, the Appellee and his companion threatened the victim in order to make sure she did not tell anyone what had occurred. The Appellee claimed it was not forcible rape and that he did not direct any violence toward the victim. The Appellee also stated that he found some money on the floor of the car and was going to return it to the victim at a later time. The Appellee was convicted of two counts of forcible rape and one count of robbery. The trial court imposed a concurrent one-year sentence and provided for parole in the discretion of the parole board even though the presentencing recommendations were much more severe. Alaskan law prohibits an increase in the sentence u pon appeal. However, the State of Alaska filed an appeal in order to express its disapproval with the judgment of the trial court. The state claims the sentences were too lenient in view of the severity of the crimes and in light of the need to deter others from such brutal behavior.