Man Accused of Rape Sentenced to Lesser Charge

A former USI student accused of raping another student almost two years ago has been sentenced on a lesser charge of sexual battery. 21 year old Donald Erath took a plea deal in the case. FOX 7s Jaimie Weiss spoke with the victim who says the battle for justice is teaching her why sexual assault victims stay quiet. Erath will serve two years home detention in Indianapolis for the 2005 incident on USIs campus. It is not the sentence his victim 22 year old Samantha Stratton wants, but if her two year struggle offers comfort to other women she says thats justice enough. She walked into the courtroom hoping for justice. "I hoped that whatever little time he had to serve would be in secure detention," but when 22 year old Samantha Stratton left she could only cling to the hope she was standing up for other rape victims who dont take their cases to court. "There are people who have to go through this in silence and its not fair and I really want to do it for them not me." Stratton says she was raped in an apartment on the USI campus in September 2005 by fellow student Donald Erath. Statton says she went to a party had some drinks and left not feeling well. She fell asleep at a friends apartment only to wake up with Erath on top of her. Today he was sentenced on a sexual battery charge and must serve two years home detention. Thats not the sentence Stratton expected when she reported the case. Not only did Erath admit to raping Stratton but after the incident she immediately went to the hospital where they found DNA proving the whole indcident. But prosecutors convinced Stratton rape convictions dont happen in Vanderburgh County. "If I knew that before hand Im not sure I could be here. I hope I could be here." She says she found her strength at a Take Back the Night march last April. Stratton says speaking out there for the first time and listening to others is the only reason shes here. "There were so many people there that were so much stronger than me and I wanted them to have a voice." Even though that voice didnt send the man Stratton says raped her to jail it will help her continue her fight. Erath will also have to register as a sex offender, pay a one thousand dollar fine take drug, alochol and sexual counseling and serve 80 hours community service. Stratton says shes going to pursue a career that helps other victims find justice and closure.