Butte man receives 100-year sentence for child rape with 70 years suspended

A Butte district judge on Thursday sentenced a Butte man who admitted to raping a 12-year-old girl to the Montana State Prison for 100 years with 70 suspended.

Citing “absolutely un-excusable conduct,” Judge Brad Newman said William Thomas Spencer, 33, made a choice to take advantage of a child that warranted a significant sentence.

Spencer, who previously denied the charge of felony sexual intercourse without consent, pleaded guilty in early July 2015 as part of a plea deal with Butte-Silver Bow County prosecutors.

Authorities in Butte and Billings later learned that the girl had become pregnant after she woke up to Spencer “having sex with her,” court documents state. After the incident, she moved from the Mining City to another Montana city with her mother and Spencer, where she later delivered the baby.

The girl stated to investigators that she believed Spencer had mistaken her for her mother. In early August 2014, the girl’s grandmother reported to law enforcement in Butte that she suspected Spencer was the father of the girl's baby, according to court documents.

A genetic testing report requested by the grandmother using DNA from the girl’s baby and Spencer’s biological son “could not exclude” the baby and Spencer’s son from being of the same male lineage, according to court documents.

Chief Deputy County Attorney Samm Cox argued for a lengthy incarceration in light of the offense, the psychosexual offender evaluation, and the presentence investigation report.

Spencer’s defense attorney, Deirdre Caughlan, said her client was still struggling and that his use of the prescription medication Ambien significantly contributed to his conduct.

“He knows it happened; he knows he fathered a child,” she said.

Caughlan asked that her client’s limited criminal history and his remorse be taken into consideration in avoiding a long prison term.

Spencer stood before the court and apologized.

“I can’t take it back,” he said quietly as his eyes filled with tears.

Newman told Spencer that he would not be eligible for parole until he completed Phase 1 and 2 of sexual offender treatment at the state prison. A lengthy sentence, he said, was necessary to protect the victim and the public.

Spencer will be classified as a Tier 1 sex offender and be required to register as a sexual offender.

Newman said the victim lost her innocence because of Spencer’s actions.

“This child will never be a child again,” Newman said. “There aren’t going to be any more victims.”