A Lewiston man was sentenced to three to 10 years in prison for rape Thursday in 2nd District Court in Lewiston.

Ricardo “Rick” Ramos, 31, will spend at least a year in prison as Judge Jay Gaskill, following the recommendation of the presentence report and psychosexual evaluation, retained jurisdiction in the case for 365 days, after which Ramos will either be placed on probation or ordered to serve the remainder of his sentence.

Gaskill also ordered Ramos to pay the victim $2,500 in a civil penalty, and $1,000.50 in other fines and fees.

Ramos pleaded guilty to rape on Aug. 11. He was charged with raping a woman who came to his residence to charge a cellphone so she could call her husband for a ride home in March, court records said.

The rape occurred between 2:20 a.m. and 8:30 a.m. March 5 at Ramos’ residence on the 3400 block of 11th Street B in Lewiston. The woman did not remember the entire night, but remembered waking up with Ramos on top of her, court records said.

A plea agreement was reached during mediation allowing Ramos’ attorney, Rick Cuddihy, to argue for a withheld judgment and probation in the case. The presentence report and psychosexual evaluation showed Ramos was on the high end of the moderate risk to reoffend.

Cuddihy asked Gaskill to consider Ramos had no prior criminal record while seeking a more lenient withheld judgment, probation and court-ordered sex offender and substance abuse treatment.

Cuddihy described the rape as a “nonconsensual sexual encounter,” while arguing the woman had methamphetamine in her system. Cuddihy also argued the woman had no injury to her, “no marks, no bruises, no scratches, nothing.”

Nez Perce County Deputy Prosecutor April Smith took issue with Cuddihy’s description of the rape.

“We are here today because the defendant has pled guilty to rape,” Smith said. “We are not here to talk about the victim; all I hear is victim blaming.”

Smith said Ramos refuses to take responsibility for his conduct. She noted the report said if he were to reoffend it would likely be a crime of opportunity with a vulnerable victim under the influence.

Smith said the rape has “impacted her ability to live a normal life.” The victim’s anxiety, depression and mental health issues were because of “a violent sexual encounter.”

“There absolutely are mental injuries for the rest of her life,” Smith said.

Wells may be contacted at mwells@lmtribune.com or (208) 848-2275.

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