JUDGE SENTENCES CONVICTED CHILD MOLESTER TO 65 YEARS
The Lebanon Reporter
Facing a maximum of 170 years after being convicted in early May of three class A felony childmolesting counts, and one class B felony sexual misconduct with a minor, Kenneth Hobensack’ssentence was handed down last week by Boone County Superior Court I Judge Matthew Kincaid.
Hobensack will serve 65 years in prison. Fifty of those years will be on each count of childmolestation and they are set to run concurrently. Kincaid then added 15 years to run consecutivelyon the sexual misconduct with a minor count.
The sentence was five years short of the maximum allowed by law.
“The Court concludes that the aggravating factors…. Far outweigh the lone mitigatingfactor,” Kincaid said in court documents. “An aggravated sentence iswarranted.”
Kincaid cited several aggravating factors in his decision, some deemed as minimal and othersmaximum. Before handing down the sentence, along with the consideration of other factors regardingthe case, Kincaid heard from Boone County Sheriff’’s Office Det. Debbie Martin and awritten statement from the victim. Hobensack also made a statement.
Among those aggravating factors were Hobensack’s prior convictions. Two of threeconvictions included crimes against the victim, including a domestic battery charge (2010) andinvasion of privacy charge (2016). The victim’s age and the duration of abuse that lasted foryears also played a factor, as did Hobensack’s violation of a protective order. Courtdocuments said Hobensack also “threatened to harm the victim” if the victim told anyoneof the abuse.
Kincaid outlined that in Indiana law, consecutive sentences are “not presumed,” butmay be imposed if the aggravating circumstances warrant it. In this case, Kincaid said, becausethere was one victim and not multiple victims, the three counts of child molesting would runconcurrently.
However, because there was a significant lapse in time between the child molesting counts andthe sexual misconduct count, Kincaid reached the decision to run that charge consecutively.
“Mr. Hobensack had time to reflect upon his past evil and stop,” Kincaid wrote inthe judgment. “He did not stop. He did it again three years later.”
Hobensack’s offense level is as a credit restricted felon, meaning he will receive oneday's credit for every six days served. Barring any other credit-reducing activities like workprograms, activities and attending classes, Hobensack will most likely serve approximately the next55 years in prison.
If that holds true, the 38-year-old will not be released until he is 93 in 2072.
“This guilty verdict should send the message loud and clear that this type of sick andheinous crime simply will not be tolerated in this community, said Boone County Prosecutor ToddMeyer, after the trial in May. “Justice was done for the victim in this case, and I amhopeful that she can now put this behind her and continue the healing process.” (Indiana)
Message from Executive Director Laura A. Ahearn: Parents for Megan's Law and the Crime VictimsCenter provides prevention education, advocacy, counseling and other valuable support services tochild and adult victims of sexual assault and to all victims of violent crime. Please visit ourwebsite at www.parentsformeganslaw.org for news, information and resources in your community.