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The 72-year-old owner of a day care center in Missoula, Montana, told police he sexually abused a 1-year-old girl he was looking after because she was 'promiscuous.'
After he pleaded guilty to sexually assaulting the girl for a year and a half, Albert Gaub was sentenced to 15 years in prison and classified as a moderate risk to abuse children again.
But Gaub's lawyer appealed the classification and said his client is a low-risk sex offender. He argued the state's designation was a 'substantial injustice' to Gaub.
'Low risk': Albert Gaub appealed a state ruling that classified him as having a 'moderate risk' of abusing children again
The Montana Supreme Court disagreed and unanimously struck down the legal challenge last week.
When he was arrested in 2010, Gaub - who owned Cuddles and More day care - told police his victim was '4 going on 40,' the Attorney General's Office said.
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'Gaub claimed that she knew what she was doing and what was going on, suggesting that if the little girl had not been so promiscuous he would not have abused her,' the Attorney General's Office wrote in its response to Gaub's legal appeal.
He described the victim was 'very smart, an honest child.'
Gaub also said: 'I only touched the young girl in a wrong way and did not physically, hurt, abuse or harm her at all.'
The attorney general argued Gaub never admitted doing anything wrong, despite pleading guilty.
Police arrested Gaub after the little girl, who was 4 at the time, told her parents that he had abused her several times, starting when she was 1-year-old.
Gaub assaulted the girl in the bathroom and the office of the daycare he ran out of his house with his wife, KTVQ in Missoula reported.
The wife, who has since divorced Gaub, told detectives she had no clue that her husband had been assaulting a child at their home.
The arrest resulted in the National Association of Child Care Resources and Referral Agencies releasing a damning report about Montana's child care regulations for failing to prevent the abuse.
Read more: http://www.dailymail.co.uk/news/arti...#ixzz1dsfjUW8q
After he pleaded guilty to sexually assaulting the girl for a year and a half, Albert Gaub was sentenced to 15 years in prison and classified as a moderate risk to abuse children again.
But Gaub's lawyer appealed the classification and said his client is a low-risk sex offender. He argued the state's designation was a 'substantial injustice' to Gaub.
'Low risk': Albert Gaub appealed a state ruling that classified him as having a 'moderate risk' of abusing children again
The Montana Supreme Court disagreed and unanimously struck down the legal challenge last week.
When he was arrested in 2010, Gaub - who owned Cuddles and More day care - told police his victim was '4 going on 40,' the Attorney General's Office said.
More...
'I enjoy being around children... but sometimes they need to be disciplined': Chilling old interview with Sandusky as he talks about his love of little kids
Mother banned from the internet after pleading guilty to 'sexting' 16-year-old son's classmate naked pictures of herself
Shopped by his mom and dad: Boy, 13, faces trial for 'raping girl aged FIVE in McDonald's play area' after parents recognise him on police film
'Gaub claimed that she knew what she was doing and what was going on, suggesting that if the little girl had not been so promiscuous he would not have abused her,' the Attorney General's Office wrote in its response to Gaub's legal appeal.
He described the victim was 'very smart, an honest child.'
Gaub also said: 'I only touched the young girl in a wrong way and did not physically, hurt, abuse or harm her at all.'
The attorney general argued Gaub never admitted doing anything wrong, despite pleading guilty.
Police arrested Gaub after the little girl, who was 4 at the time, told her parents that he had abused her several times, starting when she was 1-year-old.
Gaub assaulted the girl in the bathroom and the office of the daycare he ran out of his house with his wife, KTVQ in Missoula reported.
The wife, who has since divorced Gaub, told detectives she had no clue that her husband had been assaulting a child at their home.
The arrest resulted in the National Association of Child Care Resources and Referral Agencies releasing a damning report about Montana's child care regulations for failing to prevent the abuse.
Read more: http://www.dailymail.co.uk/news/arti...#ixzz1dsfjUW8q
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