An expert on sexual violence law told The Enterprise “it's a dangerous myth” that avoiding a trial prevents added suffering for child rape victims. On the contrary, young victims of sexual assault are better served to take the stand in order to seek justice and maximum punishment for the perpetrator, said Wendy Murphy said an adjunct professor of sexual violence law at New England Law.

After Kyle Loughlin, a 23-year-old from Wrentham, pleaded guilty, Plymouth County District Attorney Timothy Cruz said that the resulting 7-1/2 year prison sentence was the best resolution of the case in the interest of the two young boys he sexually assaulted at a Bridgewater State University child care center.

BRIDGEWATER – After a former attendant at a Bridgewater State University day care center pleaded guilty in a child rape case, resulting in a 7 1/2-year prison sentence on Friday, the Plymouth County district attorney said the outcome was in the best interest of the two boys he sexually assaulted because it protects them from further victimization at a trial.

But an expert on sexual violence law told The Enterprise “it’s a dangerous myth” that avoiding a trial prevents added suffering for child rape victims. On the contrary, young victims of sexual assault are better served to take the stand in order to seek justice and maximum punishment for the perpetrator, said Wendy Murphy, an adjunct professor of sexual violence law at New England Law in Boston.

“The fact is studies show that children who take the stand fare much better in the long run, then to quote unquote protect them from the courtroom,” said Murphy, who is also a former assistant district attorney for Middlesex County. “We have to stop disrespecting children's right to testify. They have a right to be heard. And it's actually better for them.”

After former BSU student Kyle Loughlin was sentenced for raping children in 2015 at the on-campus child care center where he worked, Plymouth County District Attorney Timothy Cruz said that the guilty plea and resulting 7 1/2-year sentence was the best resolution of the case in interest of the victims. That way, they won’t have to be witnesses in court, Cruz said.

“Today’s resolution is in the best interest of these children and their families and prevents these youngsters from being further victimized at trial,” Cruz said on Friday.

Asked on Saturday about the 7 1/2-year sentence handed down for Loughlin, in addition to 10 years of supervised release and other conditions, Murphy said that the punishment did not fit the crime. Murphy called it a “volume discount” for Loughlin, who could have potentially faced life in prison, based on the maximum punishment allowed by law.

“The one-time rape of one child is a life felony,” Murphy said. “Instead of getting life for raping one child once, he got a mere 7 1/2 years for raping several children. It's fair to say the law is not working the way it was designed. The notion of a volume discount, when it comes to child sex abuse, is pretty disturbing because children are so defenseless.”

Murphy said that as a child victim grows up and comes to understand concepts like justice, they often look back and feel disrespected – and even responsible in some cases – if the perpetrator gets out of prison. It's even worse for the victim if the child rapist becomes a repeat offender, Murphy said.

“They feel unsettled,” Murphy said. “They feel like they weren’t strong enough. They question themselves. ‘Why didn't I speak?’ ‘Why wasn't I heard?’ When you deny them the right to testify, you are really taking away something important, not just in what justice means, but their well-being over their lifetime. Their suffering is diminished if they have a chance to be heard.”

Murphy said it's wrong to believe that defense attorneys would be cruel to child rape victims on the witness stand during cross-examination.

"Defense attorneys are particularly kind when they cross-examine children precisely because the jury would use it against their client," Murphy said. "They are not unmindful of the fact that jurors don't like it when they are rough on victims, especially children. And I would say this: Perpetrators are far more terrified of going to trial than the victims are afraid to testify."

Asked for a response to Murphy’s argument on Saturday, a spokesperson for the Plymouth County DA re-affirmed their stance.

“The victims in this case were young preschoolers at the time Mr. Loughlin violated their innocence,” said Beth Stone, in a statement emailed to The Enterprise. “We have been working with the families in every step of this case. They are attempting to move on with their lives and we are hopeful that as the more years go by, the more the nightmares of these traumatic events continue to fade."

The Plymouth County DA said that if they were to proceed with a trial, judicial guidelines call for a maximum of three to five years in a state prison for each of the charges against the former Bridgewater State University student, if he was found guilty at trial. Loughlin was charged with two counts of child rape and abuse, three counts of indecent assault and battery on a child under 14, and one count of larceny from a building.

Many Bridgewater residents, several current students and others who graduated from Bridgewater State University said they were disgusted with what they feel is a light sentence.

Casey Rekowski, who graduated from BSU with a bachelor’s in 2007, and then earned a master’s of arts in teaching history five years later, was befuddled by the sentence.

“That’s all?” Rekowski said. “I'm sickened this happened at my alma mater. ... I am infuriated that this man will eventually walk out of prison. Does this save the victims and their families from testifying in court? Absolutely. ... But 7 1/2 years in jail was the best they could do?”

Murphy, the law professor, said there’s “something gravely wrong with the guidelines” when applied to this case. But she said that doesn’t excuse prosecutors from accepting a guilty plea and what she described as a light sentence.

“The reason you want to punish child sex offenders more harshly than even sex offenders against adults is because children are so defenseless, and they are much more limited in being able to protect and defend themselves,” Murphy said. “Many times we don't find out about these crimes because children are often intimidated, or they don't understand or they are not believed.

“When you are able to find out this happened, and have multiple victims, a guy like this should get extra punishment, not a discount,” she added. “You want to send a very strong message to monsters who target defenseless children that, if you get caught, the consequences are going to be severe and extreme. You want to send the message to all the other sex offenders out there that they should never target a child, or they will never see the light of day again.”