Charles City, Iowa – Floyd County attorney Rachel Ginby filed a motion to correct an illegal sentence in regard to the case of Benjamin James Thompson. A hearing on the matter will be held regarding the matter at 1:30 p.m. on October 10th.
Thompson pleaded guilty to third-degree sexual abuse in January and was sentenced for the class C felony in April. He received a suspended 10-year sentence and was placed on probation for five years.
Ginby filed the motion stating that Iowa law does not allow a suspended sentence in the case because it was a forcible felony committed against someone under the age of 18 by a person who is a mandatory reporter.
At the time of the felony, Thompson was a licensed teacher.