TOWSON, Md. (AP) — A Baltimore County police officer who was convicted of rape has been sentenced to four years in prison but can stay on home detention pending an appeal, a judge ruled.
Anthony Westerman was sentenced Friday, the office of the Baltimore County state’s attorney said Monday in a news release. The 27-year-old was convicted in August of second-degree rape in relation to a 2017 incident, as well as second-degree assault for a 2019 incident.
Prosecutors said Circuit Court Judge Keith Truffer determined in his sentencing that the rape victim did not show signs of “psychological injury” even though she said she went to therapy, according to The Baltimore Sun.
“I’m disappointed in the outcome,” State’s Attorney Scott Shellenberger told the newspaper. “I do not believe when you’re convicted of second-degree rape that home detention is appropriate, and I certainly don’t believe only four years on this kind of crime is appropriate.”
Shellenberger said it is unlikely Westerman will go to prison because the time he spends on house arrest will count toward his time served and the appeals process will be lengthy.
The officer — who was off duty when the incidents occurred — was suspended from the county police department without pay when he was arrested in December 2019.
Prosecutors said Westerman raped a 22-year-old woman while she was unconscious, while defense attorney Brian Thompson said evidence shows that what happened was consensual.
Thompson said prosecutors did not enter evidence about the victim’s trauma. He also said the officer should not have been convicted and that the verdict was “clearly against the weight of the evidence.”
The rape charges were tried before the judge alongside the assault case. Charging documents show that another 22-year-old woman told police Westerman grabbed her and tried to kiss her multiple times. He was acquitted in relation to a third incident.