BEND — A La Pine man got out of a life sentence for rape because of wording chosen by a trial court in the 1980s.

John Clark Craig, 62, appeared Thursday, Dec. 2, for re-sentencing in Deschutes County Circuit Court, having successfully appealed a life sentence handed down in 2019 after raping a woman while she was too intoxicated to consent.

Craig, who has prior convictions for sex crimes in 1981 and 1995, had received the sentence under Oregon’s “three strikes” law for sex crimes.

Now, he’ll now return to prison to finish a term of eight years, four months.

“Mr. Craig is getting off from a life sentence due to a technicality,” prosecutor Matthew Nelson told the judge. “His 1981 sex crime happened. His 1995 sex crime happened. And his 2018 rape happened. But for a technicality, he should be serving life in prison. Instead, he will serve 100 months.”

In March 1981, Craig was convicted in Washington County of attempted first-degree rape. He was given probation with a 10-year prison term hanging over his head if he violated his probation.

In April 1995, Craig was convicted in Washington County of first-degree sexual abuse and attempted first-degree rape. He again received only probation.

Then, a little over two years ago, Craig was again arrested for rape. On Dec. 2, prosecutor Nelson read for the court an overview of that case.

In October 2018, a woman went to the home Craig shared with his girlfriend. The three of them drank a large amount of beer and vodka, and the victim became extremely intoxicated. She was helped to the living room couch, placed on her side so she didn’t choke on vomit and covered with a sheet, Nelson said.

A sober roommate, smoking a cigarette on the porch, looked through a window and saw Craig raping the unconscious victim. Craig had removed her shirt and ripped a hole in her leggings.

Police were called and Craig was tracked down several days later. Officers say he tried to claim it was consensual sex but ultimately confessed the victim was not in a mental or physical condition to consent.

The state recommended a life sentence due to the fact Craig had two prior sex convictions. Judge Bethany Flint went along with the recommendation.

On appeal, Craig argued his 1981 sex crime should not have counted toward his eligibility for life without parole under Oregon’s three strikes law for sex crimes because in that case he served only probation, which was not considered a “sentence” in 1981. It was considered an alternative to a sentence.

In September, the Oregon Court of Appeals issued its ruling agreeing with Craig, holding that convictions for felony sex crimes must result in a sentence to count toward a defendant’s three-strikes status.

“We conclude that, in 1981, a judgment placing a defendant on probation after suspending execution of sentence did not impose a sentence on the defendant any more than a judgment placing the defendant on probation after suspending imposition of sentence,” wrote Senior Judge Rives Kistler in the court’s opinion.

At Craig’s latest sentencing Dec. 2, the state requested his new sentence align with Oregon’s Measure 11 mandatory minimum sentencing law. The judge agreed.

When given a customary chance to speak, Craig apologized to the court.

“My actions were inappropriate at the time. I hope that somewhere down the line I can be forgiven and learn from my mistakes. I wish the best for the victim and that she gets the counseling that she needs. And of course, I need to correct my life and my behaviors in the future.”

Judge Wells Ashby responded:

“Well, that was all true after your initial convictions and it didn’t take place, so the court doesn’t believe there’s much promise in that hope,” Ashby said. “The only reason the court is following this sentence is because it’s required to do so by the Court of Appeals.”