David Wise was convicted of the rape of his wife, but the judge sentenced him to no prison time after a jury convicted Wise of six felony charges. Mandy Boardman found video evidence on David Wise's phone that her husband raped her, according to the Washington Post. Mandy believes she was raped repeatedly in her sleep for at least three years, and she is convinced her husband drugged her on a regular basis to facilitate the rapes.
Boardman said she had been feeling overly sleepy for years. She became suspicious after noticing eye-droppers in their bedroom and a strange powder in her drinks. She reported to the Indianapolis Metropolitan Police Department that she also noticed her husband sneaking around the house with a flashlight.
Police records stated that after she confronted her husband, he emailed her. "I was taking advantage of you in your sleep and you kept coming to me and telling me it was NOT ok," Wise wrote in an email to Boardman, according to the LA Times. "I needed to stop."
On Friday, the judge sentenced Wise. Prosecutors had asked for 40 years in prison for the repeated rape of his wife. The judge sentenced Wise to 20 years, but none of the time was to be served in prison. The judge suspended 12 years in prison, and then allowed the rapist to serve the remaining eight years in home confinement. He was convicted of one count of felony rape and five counts of criminal deviate conduct.
According to Boardman, when the judge was giving his opinion of the rape sentence, he turned to her and instructed her that she needed to forgive her husband for the rapes he committed against her. Boardman called these instructions unfathomable. "To have my rapist, my attacker, convicted on all six counts, only to be let go – only for him to walk out that door the same time I could -- was just unfathomable,"
Boardman told the LA Times over the phone. "I never thought that he would be at home, being able to have the same rights and privileges as I do." She continued, "He told me I needed to forgive my attacker and I needed to let my attacker walk. It was a punch to the gut from the justice system -- or from one judge." The judge's statements have been confirmed. Judge Eisgruber is running for reelection in November. He told The LA Times that he couldn't comment on the rape sentencing because Wise is appealing his conviction.
Wise hopes to have the video evidence of the rape excluded because it is a camcorder video of the videos on his phone. Mandy was unable to find the proper cords needed to download the original video footage off of his phone. In the courtroom, Wise did not confess to drugging his wife so he could rape her, but he did admit that the videos his wife recorded had been on his phone. The prosecutor told the jury that Wise said, "She was snippy and it made her nicer when he drugged her."
"Somebody who premeditates what he's doing to me, over and over again, for three-plus years, in my own home, in my own bed, by somebody I trusted fully, 100%, deserves to spend a great deal of their life in prison to pay for it," Mandy told The LA Times on the phone. "He never once apologized, never once expressed any type of remorse, and his explanation for admittedly drugging me was because I was snippy. Women, don't get snippy out there; you might get drugged and raped," David Wise's wife explained, shocked that her rapist would have to serve no prison time.