Cheryl Senter/AP
Defense attorney J.W. Carney (left) entered the courtroom with former St. Paul's School student Owen Labrie for closing remarks in Labrie's rape trial.
The lawyer for former St. Paul’s School student Owen Labrie, who was convicted of sexually assaulting a fellow student, is recommending that Labrie receive probation at his sentencing hearing Thursday, saying “his punishment to date has been enormous.”
In a sentencing motion filed Wednesday, J.W. Carney Jr. said Labrie, 20, had “lost his dream” of attending Harvard University, and that his name would be “forever associated” with the case. He will also have to register as a sex offender.
“He is certain to have a romantic relationship that suggests the possibility of marriage, and the day will come when he has to inform her that he is a registered sex offender,” Carney wrote. “Owen may have children who wonder why their father, who was such an accomplished soccer player, doesn’t volunteer to coach their teams.”
Labrie can apply to be removed from the sex offender registry 15 years after his release. He is slated to be sentenced Thursday on misdemeanor sexual assault charges involving a minor and a felony conviction for using a computer to lure a minor. He faces up to 11 years behind bars.
Carney is urging the court to place Labrie on probation on the conditions he continue counseling and perform community service.
“The harsh truth is that Owen will be penalized every single day hereafter for what he did one night as an 18-year-old high school student,” Carney wrote. “This should be enough punishment for the misdemeanors that are at the core of this sentencing. Anything more would be cruel.”
Carney also asked the court to give strong consideration to Labrie’s lack of criminal record, his youth, and his academic achievements. The prosecution is also expected to file a sentencing recommendation.
In a split verdict, a jury in August acquitted Labrie of raping a 15-year-old girl in a secluded room on the elite private school’s campus in May 2014. The panel convicted Labrie of having sex with the freshman, who was below the age of consent. They also found him guilty of using a computer to entice a minor, a felony that carries a maximum sentence of seven years. Labrie’s lawyers appealed the conviction, saying the law was not intended to apply to teenagers making social plans, but it was upheld earlier this month.
Peter Schworm can be reached at schworm@globe.com. Follow him on Twitter @globepete.




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