A former Batavia resident, already serving up to seven years for second-degree rape and sexual abuse, will spend five more years in prison for raping another young victim, Judge Robert C. Noonan ruled today.
Philip Kroft, 23, admitted to rape, 2nd, in November as part of a plea deal that would cap his possible sentence at five years.
Noonan gave Kroft the five years, but denied a request by defense attorney Fred Rarick that Kroft's sentence be consecutive concurrent with the time he's already serving.
Rarick said that Kroft has completed his GED while in prison and also earned a welding certificate.
"Adding an additional five years I don’t think is necessary, may be considered harsh and excessive punishment," Rarick said. "He regrets what he’s done in the past and he’s looking forward to his future."
Kroft's 14-year-old victim gave birth to a child and Kroft would like to be involved in the child's life, according to his attorney.
At the time of the rape, Kroft was 21.
The crime occurred around the time of his previous arrest in 2008, which resulted in a conviction for rape, 2nd, sexual abuse, 1st, criminal possession of a weapon, 3rd, and conspiracy, 4th.
Kroft was eligible for parole on those convictions in 2015.
When asked for a statement, Kroft said he does know he made mistakes and he is trying to turn his life around. He said he has also enrolled for some college courses.
If the second rape had come to light during proceedings on the original charge, perhaps the crime would have been wrapped into the sentence with the first. That's what Rarick suggested to Noonan, who replied that the opposite could also be true.
"It would be an equally good argument that had both charges come before me, I would have given him four or five more years based on him victimizing yet another young girl," the judge said.
Kroft is serving his sentence in Elmira Correctional Facility.
Mr. Rarick, why don't you ask
Mr. Rarick, why don't you ask the innocent 14 year old girl if 5 years is "harsh and excessive punishment" for the individual who deprived not only her but other women of their right to feel safe, to be self confident and to have a positive self-esteem. It seems your brain has been diluted by practicing too much law rather than common sense and decency.
I think that he deserves the
I think that he deserves the 5 more years. How can he just get off of a punishment because he is already serving time for another crime? That is absurd. Of course, why wouldn't he get his GED and a welding course done? He's got nothing else to do in jail. That has nothing to do with him turning his life around. I can't really say this but if I was in jail I would be doing anything I could to occupy my time. He deserves to be punished for EVERY crime - not just get time served or have this one "wrapped" into the other ones. It isn't really time served either because it was another crime he committed. It's not like he's been sitting in jail because of this other one. Maybe he should be seeking therapy and rehabilitation and lots of it! A 21 should definitely know better that to interact with a 14 year old like that. This makes my stomach turn!
Well isn't this just special.
Well isn't this just special. He rapes a 14 year old girl who subsequently gives birth. Now he wants to be a part of the child's life.
What a terrible reminder to this young girl. Pedophiles do not respond well to treatment. Has this creep even had any?? An additional five years was not enough.
And what about the child? I don't think he or she should have to ever look at his mother's abuser.
Absolutely disgusting. I too
Absolutely disgusting. I too agree that these people cannot be rehabilitated! Also, it means NOTHING that this loser has obtained his GED; what, so that automatically cures his sick head?!!!!!!
The thing I worry about: Would he abuse his own child should he ever be able to see it? Yeah, visitations would probably be monitored, but for how long?
He has no rights. You go, Noonan!
Just a thought..
I just hope the victim's
I just hope the victim's family fights tooth and nail to keep him away from that child. He took what was not his and from his comments still thinks they are his??? They need to be far away from this pervert who apparently could only have little girls and will never stop. History has shown that to be true. And as far as his GED and welding, what else was he to do. It was free anyways right? I would have loved a free education, but I did it the old fashion way - on my own and paid off my student loans.
Several years ago, when I was
Several years ago, when I was first transferred out to work in Batavia, I had the great displeasure of interacting with Philip Kroft at my job. He was rude, obnoxious, and beligerent with piercings, tattoos and the rank of cigarettes about him. I thought, "I feel bad for this kid's mother, what must she think of him?", then I met his mother, and it all came crystal clear. Anyone could see his disrespect and hatred of women stems from his mother, who herself was rude, obnoxious, and beligerent. Apple didn't fall far from the tree.
I wonder if the scumbag has parental rights? If he does, that's just one more stupid, insane statute that needs to be examined. The way NYS just blankets every person and every scenario the same is nuts. I understand rules, but sometimes rules don't always make sense, nor are they always fair.
Well said, Bud. Rules are
Well said, Bud. Rules are rules but there are always mitigating circumstances that make the exact same offense less or more severe.