State v. Hays

Charles Alan Hays appeals his sentence of 28 months for two counts of statutory rape and one count of indecent liberties. He maintains that the trial court erred in sentencing him to a prison term rather than treatment under the special sexual offender sentencing alternative under RCW 9.94A.120(7)(a). We affirm.

Facts

Hays sexually molested an 11-year-old girl over a 2-year period. He admitted sexually assaulting her almost every day during certain periods, and estimated that he abused her 75 separate times.

The State charged Hays with two counts of statutory rape and one count of indecent…