18-Year-Old Charged With Rape Will Not Go to Jail

An 18-year-old accused of sexually assaulting two high school classmates is facing two years of probation despite the district attorney's office's recommendation of two years in jail.

David Becker, of East Longmeadow, Massachusetts, had been charged with two counts of rape and one count of indecent assault and battery, according to court documents, after an April 2 incident in which he was accused of digitally penetrating two girls who were sleeping in a bed after a house party. Becker and the alleged victims, who are not being identified, were all seniors.

On Aug. 15, Becker's case was ordered continued without a finding for two years by Palmer District Court Judge Thomas Estes.

As a part of his probation, Becker must remain drug- and alcohol-free and not contact the victims, the court documents state. He also has to undergo an evaluation for sex offender treatment, according to the Hampden District Attorney's Office.

A continuance without a finding is when the court agrees to continue a case without a guilty finding for a certain period of time, as long as the defendant adheres to the terms of his or her probation. If the probation is successfully completed, the case is dismissed. In this case, if Becker completes his probation, he will not have to register as a sex offender, according to the district attorney's office.

According to police reports, Becker told investigators that when one of the girls "didn't protest" he assumed it was "okay." Becker denied to police having any physical contact with the other alleged victim.

A clerk for Estes' office told ABC News he could not comment on his decision to continue the case without a finding.

The Hampden District Attorney's Office had recommended two years of jail time for Becker, a recommendation it considered "appropriate and fair based on the facts and circumstances of the case," according to a district attorney's office spokesman.

Scott Berkowitz, President of RAINN (Rape, Abuse & Incest National Network), was disappointed in the judge's decision.

"It's really discouraging when everyone in the process does their job and ... then you see a sentence like this," Berkowitz told ABC News today.

He said the judge's decision in this case is likely "discouraging for the victims" and also likely "deters other people from reporting their crimes" and "putting themselves through this entire criminal justice process," because they will wonder, "is it worth it?"

Berkowitz said sexual assault should be taken seriously, even with an 18-year-old.

"I don't think it would ever occur to a judge or lawyer that after someone [was] convicted of a murder, that they [would] just get probation because they deserve a second chance," Berkowitz said. "There would be a universal understanding that there are consequences for committing a crime that bad."

Becker's defense attorney, Thomas Rooke, did not immediately respond to ABC News' request for comment, but he told The Republican that his client "can now look forward to a productive life without being burdened with the stigma of having to register as a sex offender."