5-year-old rape victim continues to wait for rapist to be sentenced

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TOPEKA (KSNT)- In the fight for justice a Topeka family’s battle has drug on for five years.

“Kind of makes you wonder how the justice system really works, whether they are for you or against you,” Brian McCracken, The words of a father who has been waiting to see, Al’ Ryon J. Perkins be sentenced to prison for raping his 5-year-old daughter, Abigail McCracken.

“It’s hard to sit in my seat and actually not get rough with him,even though we were in a courthouse he was in that close of distance,” McCracken said.

No cameras were allowed in Tuesday’s courtroom where once again Perkins was delaying his sentencing. This time by filing a motion to withdraw a plea deal he agreed to on September, 10th of 2014.

In the deal Perkins pleaded guilty to rape of a child younger than 14, aggravated kidnapping, aggravated indecent liberties with a child younger than 14, two counts of aggravated burglary, and one count of misdemeanor theft. A deal, Perkins claims he was pressured into agreeing to by his former attorney, Johnathan Phelps.

So Perkins was granted another attorney, making it his fourth attorney in the last five years, “It’s not fair to a 5-year-old which is now 9,” McCracken said.

But finally some hope, the judge denied Perkins motion to withdraw his plea and set a new sentencing date of May 7th.

Despite the new sentencing date, Abigail’s parents say because this had drug on for so long they feel the justice system has failed, “There’s no speedy trial, there’s nothing for the victim, it all for the criminal,” Shannon Dukes, Abigail’s mom said.

At the end of the day, Abigail’s family continues to live in the crime scene where it all took place. The family did send a request to move out of the home where Abigail was kidnapped in the middle of the night on November 9th, 2010, and taken in to the backyard and raped by Perkins, but the Victim’s Compensation Board denied the family’s request.

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December 31 2021 11:59 pm