Readers are undoubtedly wondering about the stark difference in the length of sentences handed down (by the same judge) to convicted child-rapists Larry L. Grubb and Joseph W. Giuliano.

I’ll do what I can to explain and clear up any confusion. Here’s the rundown:

Larry Grubb was originally charged with 8 counts of first degree child rape, which was alleged to have occurred over a two year period. The first-degree nature of the charge is because the child was younger than 12 years old, as state law determines. He was found guilty by a trial jury of seven of the eight counts.

At his sentencing, state guidelines put his standard sentencing range at 240 to 318 months. There is a reason for this, which I can explain, but I encourage readers to look up the offense score sheets at the State Sentencing Guideline Commission’s Web site. The address is http://www.sgc.wa.gov/PUBS/Adult_Manual/Manual_2008_Section_3.pdf.

Basically, the prosecutor has to calculate an offender score to determine the sentencing range. Each sex offense conviction is multiplied by three to calculate the score. (Other felony convictions would count toward the score as well, but Grubb only has prior gross misdemeanor and misdemeanor convictions.) Since legally he’s considered to have six prior sex offense convictions (six of the seven first-degree child rape convictions), multiply that by three and you get an offender score of 18. Scores of 9 or higher automatically get sentenced in the 240-318 month range. Grubb was thus sentenced to 280 months in prison.

Giuliano is a slightly (but importantly) different case. He was charged with three counts of third degree child rape (the third degree is based on the girl’s age, because she was between 14 and 16 years old during the abuse). Like Grubb, and every person convicted of a felony, the prosecutor has to calculate his offender score.

Similar to Grubb, each sex offense conviction is multiplied by three. Since he has two prior sex offense convictions (two of the three third-degree child rape convictions), his offender score is six. Offenders with a score of six face a standard range of 46 to 60 months in prison. Thus, Giuliano was sentenced to four years (48 months) in prison.

Now, you may be wondering why Giuliano was charged with only three counts versus Grubb’s eight. As Mac Setter, the prosecutor in Giuliano’s case, explains it, it is standard practice to charge fewer crimes if the length of the abuse was shorter, as Giuliano’s was. Grubb abused his granddaughter for two years and gets eight charges. Giuliano abuses his victim for six months and gets three charges.

Thus, the difference in sentences really comes down to the number of charges filed (and the resulting number of convictions) and the age of the victims. Once convicted, however, sentencing is largely determined by guidelines set by a state commission.

Hope this helps.