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Ratcliff had been charged in late October 2007 with criminal solicitation of a minor, aggravated sexual assault, hindering apprehension or prosecution, improper sexual activity with a person in custody, and official oppression/sexual harassment.
For Ratcliff’s part in the plea agreement, he admitted he lied to a grand jury when he said he didn’t have sex with the accuser in the case. He also admitted he used “oppression,” or the power of his office, to make advances on the accuser.
To summarize, Ratcliff admitted to “aggravated perjury,” or lying to a grand jury, to get the plea agreement.
The plea deal means Ratcliff will receive deferred adjudication over 10 years. If he violates probation, a judge could sentence him to 10 years in prison and levy a maximum fine of $10,000.
If he completes his probation, his court records will continue to show the original charges, but they will not show a conviction.
And Ratcliff, the former Victoria County sheriff, agreed to not enter chat rooms or watch pornography to receive the deferred adjudication.
The former sheriff’s clean record probably had much to do with the outcome. Also, no physical evidence exists to support the charges, according to special prosecutor Terry McDonald, who was the lead attorney in the prosecution of the case. The offense occurred a little more than 10 years ago when the accuser in the case was a teenager. These factors probably helped to convince the prosecution in the case to deal with Ratcliff’s defense for a plea bargain.
But many in Victoria have voiced concerns that a sex predator, especially one who was in the public’s trust, should receive a better dose of justice — at least, Ratcliff should be required at sentencing to spell out what happened and whether anyone else participated or was victimized.
Many questions remain unanswered: Will we know the details of the case, or will we have to wait 10 years to find out? Will we know if there are any other victims of this sex predator? Do elected officials receive special treatment? Was anyone else involved in this wrongdoing?
The plea agreement is still up in the air. It has come under advisement of the judge. Visiting Judge Mark Luitjen of San Antonio, who listened to the plea, will review the case for a little more than a month. Then, on Aug. 15, Luitjen will make a decision to stand by the plea agreement or reject it.
Many think the judge will stand by the agreement because both the prosecution and the defense attorneys in the case have made the plea agreement. And it’s not likely the judge will say no to both the prosecution and defense.
Still, the outcome of this case seems devoid of justice.
And it does little to restore the public trust in Victoria’s justice system.