Scotia man gets 10 years in prison for raping children

Thursday, February 21, 2013
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— A Scotia man was sentenced Thursday to 10 years in prison for raping two children.

John Borst, 44, pleaded guilty last summer to one count each of first-degree rape and first-degree criminal sexual act, both high-level felonies. The plea covered acts with two children, ages 7 and 10 at the time, officials said. Borst was arrested in November 2011.

Thursday’s sentencing was preceded by a victim impact statement from the mother of the victims. The woman was emotional throughout, saying she feels bad for her children.

Prosecutor Christina Tremante-Pelham afterward called the children brave for coming forward. They continue to deal with what they had to endure, she said.

“They’re outgoing and smart kids,” she said. “They have a lot of family around them, but nonetheless, this whole situation has impacted them a great deal.”

Borst had been indicted on a top count of predatory sexual assault against a child, a charge that carried a maximum term of 25 years to life upon conviction. Prosecutors offered the 10-year term to spare the children from having to relive the crimes at a trial. As part of the deal, Borst also faced 10 to 20 years of post-release supervision.

But Borst’s sentencing was put on hold when he moved to take back his plea. That motion was denied earlier this month.

Acting Schenectady County Court Judge Richard Giardino put the post-release supervision term at 15 years and also ordered mental health treatment for Borst. Borst’s attorney, Michael Mansion, objected to the number, arguing the judge was punishing Borst for trying to take back his plea.

Giardino responded to Mansion’s suggestion by saying he never promised Borst 10 years of post-release supervision. That number was contingent on Borst taking responsibility for his actions. The effort to take back his plea canceled out that factor, but the extra supervision wasn’t a punishment for trying to take it back.

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