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Judge sentences man to 10 years for rape
The rapist refused to cooperate with a pre-sentence investigation.
YOUNGSTOWN — A Hubbard Road man is sentenced to 10 years in prison on four counts of rape and fined $5,000.
Carl Chaney, 51, drew the four concurrent 10-year sentences Thursday from Judge Timothy E. Franken of Mahoning County Common Pleas Court.
In May, a jury convicted Chaney of the charges, which said he assaulted a 44-year-old former girlfriend on June 23, 2007. Chaney maintained he was innocent because the sex was consensual.
The jury acquitted him of kidnapping, aggravated burglary and three other rape counts.
“He violated me in my own home .... I was a fun-loving person with a heart of gold, but now, I’m afraid of my own shadow,” the Youngstown woman wrote in a letter that was read into the court record by Ellen Taylor, victim advocate with the Rape Information and Counseling Service.
“I’m very afraid still for my life, and I’m afraid people will retaliate on behalf of him,” the victim wrote.
“I don’t want him to have the chance to hurt other women,” she added.
Dawn Cantalamessa, assistant county prosecutor, called for maximum consecutive prison terms totaling 40 years, but Judge Franken called that request “a bit excessive.”
Defense Atty. James Gentile said Chaney has no prior felony criminal record and that an appeal will be filed. Chaney made no statement at his sentencing hearing.
Judge Franken noted Chaney’s repeated refusal to cooperate with Adult Parole Authority representatives who tried to conduct a pre-sentence investigation.
“I don’t understand fighting the people that are trying to find something out to help the man,” the judge observed.
“I find that the victim has suffered serious physical and mental harm,” the judge said.
Chaney will get credit for 405 days he’s already been jailed. Cantalamessa said the long pendency of the case resulted from postponements requested by the defense and delays due to DNA testing.
After he leaves prison, Chaney will be on parole for five years and, as a sex offender, he must register his residence and workplace quarterly with the sheriff for life.