After nearly four years, an Anchorage sexual assault case was supposed to come to an end Friday. Instead, David Standifer -- a homeless man who tried to discredit his rape victim by saying she suffered from regret, not rape, and that her alcoholic and possibly bipolar mind had betrayed her perceptions -- will wait another three months before receiving his sentence.
Standifer, 41, faces a 60-to-99-year sentence after a jury found him guilty in November of sexual assault, attempted sexual assault and assault.
Both parties argued adamantly for and against a continuation of the defendant's sentencing until July. Public defender James Ferguson said he needed more time to consult an expert who will evaluate his client's chances of rehabilitation and recidivism while a state prosecutor and victims' rights attorney argued that prolonging the case further would harm the "mental security"? of Standifer's victim. The latter attorneys also noted that many sexual assault cases take years of hearings when, they argued, they shouldn't.
Superior Court Judge Kevin Saxby opted to continue the trial due to the risk of an ineffective counsel appeal, arguing the possibility of having the case tossed is more of a determent to the victim than waiting three more months for a more concrete resolution. He also said he'd like to hear from the victim if she felt up to it.
A vicious attack and a small victory
Standifer's victim, identified in court documents by the initials N.G., did not appear for the sentencing. She hadn't been informed of the possibility of a continuation, said assistant district attorney Jenna Gruenstein.
Victims' rights attorney Shaun Sehl said N.G. chose not to attend, in part because it was too difficult to face the man who raped her.
A self-admitted alcoholic who first started drinking at the age of 11, N.G. told jurors earlier in the trial she'd first met Standifer late one April evening, just before his attack on her. She'd spent the day drinking but was starting to feel the effects of withdrawal -- the "shakes." Somewhere near the Red Apple Grocery store in Anchorage's Mountain View neighborhood, Standifer and N.G. crossed paths on Bragaw Street. She thought he might have alcohol with him, which piqued her interest.
The assailant did have alcohol, and the two walked to his camp off a bike trail behind an elementary school. According to Standifer, at some point the two of them "started messing around," but he claimed he'd called off the intimate interlude after losing interest. In a police interview, he made derogatory remarks about her personal hygiene, then explained, "I passed out and I didn't want to mess with her no more." As the interviews continued, Standifer became frustrated that he was being charged for what he viewed as nothing more than "feeling her up."
N.G. provided a different version of the violent events. The woman, also homeless, described for jurors how she fought against Standifer's unwanted, rough groping. He became angry and punched her in the face, breaking her nose. She also testified Standifer strangled her.
In additional to recalling the attack for all to hear, N.G. and those assigned to put her rapist behind bars fought to keep her medical records private. Standifer, through his attorney, raised doubts about whether N.G.'s recollection of events is reliable. Her alcoholism, withdrawals, and a possible bipolar mental health diagnosis call into question whether she is able to actually perceive events, he argued. But as the trial approached, the state successfully challenged the defense team's attempts to get her private health and medical records, setting a precedent advocates have called a small victory for victim's rights.
Continuance of sexual assault cases normal
However, the fight for conclusive justice was put on hold.
Ferguson stood before the court next to Standifer, who wore the yellow jumpsuit issued to Goose Creek Correctional Center inmates, arguing the case wasn't "run of the mill" given the evidence. "The sentencing statutes are complex, there are multiple counts ... It's rare that cases like these are concluded at the first sentencing date," he said.
Ferguson said he needed more time to consult an expert to evaluate Standifer. His client's chances of rehabilitation and recidivism could factor into the amount of time he'll spend in jail and on probation. The public defender added that if it weren't for two prior felony DUI convictions, Standifer would be facing half his given presumptive sentence.
The question before the court, Ferguson argued, is "should Mr. Standifer suffer because of my late request to continue?" According to testimony, the request was filed Thursday.
Gruenstein, the assistant district attorney, argued the case was complicated, but only to a certain extent. The least amount of time the defendant can get is 60 years, and bumping the case for months with little reason to do so "does harm to the victim," she said.
She said she was unsure if an expert would have any relevance to sentencing.
"Having it done, closed and over with is something that will give (the victim) a great deal of mental security," she said.
Sehl took the stand, too, arguing for the case to reach its end. She said she'd been to four sexual assault sentencing hearings in the last month, all of which were postponed for one reason or another. Continuances in those cases are becoming the norm, she said.
After noting she recognized defendants' rights, she said victims also have the right to a speedy trial.