My brother was sentenced to 88 years plus life for child molestation, first offence. Is this cruel and unusual punishment?

Asked over 5 years ago - Laramie, WY

My niece wets the bed. She is now 13 years old and, from what I understand, is still wetting the bed. She has always worn diapers. My brother would periodically change them and apply an ointment prescribed by the doctor for diaper rash. My sister in law refused to change the diapers or put on the cream. .My sister in law was having an affair and wanted to get out of the marriage. So, she accused my brother of trying to make his 9 year old daughter perform oral sex. She called the police and had him arrested. The state charged him with child molestation took him to court. He was offered a plea bargain from the district attorney that would get him 2 years probation plus time served if he pled guilty. But the judge sentenced him to 88 years plus life. I believe that this is cruel and unusual punishment. After reviewing other such cases, no one has ever received such a sentence. Is this cruel and unusual punishment and is there someone or an attorney that can help my brother? Thank You

Attorney answers (1)

  1. Craig A. Epifanio

    Contributor Level 18

    Answered . There's probably now proper answer to this question because even judges have a different interpretation of what is cruel and unusual punishment. State laws may even provide more protection than the US Supreme Court. It sounds like you should talk to a local attorney and see if this is a good issue for an appeal.

    Craig Epifanio

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