Hearing set for man after serving 20 year sentence for rape of child

A rapist is soon to go free after serving his 20-year sentence for the rape of a child, and will be in court next week for his sex offender registry hearing.

Ernest Gunter II, 38, will be in Ontario County Court next week as he nears his Jan. 28 release date. It’s a different world from 2002, when Gunter, then 20, was sentenced to 20 years in prison for the rape of a child from the time she was 3 until she was 7 years old. The rapes happened in multiple locations in Ontario and Steuben counties.

“As it sits now, he’s going to be deemed a level 2 sex offender,” said Ontario County First Assistant District Attorney Jason MacBride. “We’re going to ask the court to assess additional points that the board of examiners did not consider so then he would be deemed a level 3 sex offender.”

According to MacBride due to changes in legislation since 2002, if Gunter committed the same crime today, he would likely serve the resit of his life on parole. The sentence handed down by Judge James Harvey in 2002 was the maximum allowable by law.

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