Rapist's sentence rejected

Flathead District Judge Stewart Stadler ignored a lenient plea agreement Thursday for a Kalispell man who admitted sexually assaulting a girl for several years, telling Anthony Joseph Clouse “you can’t commit a more horrible offense.”

Stadler sentenced Clouse, 49, to 10 years in Montana State Prison for sexual assault.

Both the Flathead County Attorney’s Office and Clouse’s defense attorney had recommended a suspended sentence with no prison time.

Clouse was charged with sexual intercourse without consent and sexual assault on Jan. 12, 2009, after a woman reported that he had molested and assaulted her from the time she was 11 years old until she was about 16. The abuse began in 1995.

The sexual contact occurred at Clouse’s home as well as at various logging sites near Marion and other areas of Flathead County, according to court documents that also describe Clouse as a neighbor and friend of the victim’s family.

After listening to Clouse’s attorney Gary Doran and Deputy County Attorney Lori Adams recommend suspended sentences, Stadler said without pause that he would not accept the agreement.

He seized on the words of Doran, who said there was only one victim in the case and there would not be any others, a statement Doran made while arguing Clouse was not likely to reoffend and had not committed any similar crimes.

Stadler said the statement minimized the impact on the victim’s family as well as Clouse’s.

“I think there are tons of victims in this case,” Stadler said. “I think there’s one primary victim, but your actions have made victims of a lot of people.”

Noting that the maximum penalty for Clouse’s crimes was 100 years in prison, Stadler said he believed adequate punishment should be imposed.

Looking at Clouse, he said, “you took away a youth.”

“I don’t feel like anyone in that family would feel that justice is done if you get to walk out the door with them,” Stadler said.

The victim’s mother testified after being called to the witness stand by Adams. She said the court record would reflect the nature of Clouse’s crimes and their effects on her daughter. She chose to limit her comments.

“He alone will face a higher judge,” she said. “And he alone will pay for the baby he took from us. That is on him and no one else.”

The victim, now 27, spoke directly to Clouse when given an opportunity to speak. She said she approved of the suspended sentence recommended by Adams, but only because she wanted him to admit guilt.

“You stole my innocence, and that’s something that can’t be given back,” she said.

She said she hopes he lives with a guilty conscience.

“Your day will come when you’ll have to answer to (God) and that will be your true sentencing date,” she said.

She cried and embraced family members after Stadler announced the sentence and ordered that Clouse be taken into custody.

Following the hearing, she said she was somewhat shocked by the outcome.

“The whole entire family is just extremely pleased with the judge’s decision,” she said. “Nothing will take away what he’s done but we’re extremely pleased.”

Clouse had agreed to a plea agreement with the County Attorney’s Office in which prosecutors agreed to dismiss a charge of felony sexual intercourse without consent in exchange for his guilty plea to a felony charge of sexual assault. Both charges carried a maximum sentence of 100 year in prison.

Stadler delivered a 20-year sentence but suspended 10 years. In addition to time in prison, Clouse will also have to register as a sexual offender.

Given his chance to testify Thursday, he apologized to the victim’s family and his own. He asked the judge to allow the suspended sentence so he could continue being a financial provider for his wife, who was in attendance.

“I am trying to take responsibility,” he said. “I believe I am taking responsibility for my actions. I apologize to the whole [victim’s] family and I apologize to my family.”

Reporter Eric Schwartz may be reached at 758-4441 or by email at eschwartz@dailyinterlake.com.