Victim’s family relieved after convicted rapist denied probation
COVINGTON, Ky. (WXIX) - The father of a sexual assault victim said his daughter can begin healing after her attacker was denied probation in Kenton County Court on Wednesday.
Because the Kentucky Department of Corrections allowed him to stay in a juvenile facility until he was 21, Joseph Eubank was allowed to apply for probation.
Eubank was convicted of rape and three counts of sexual abuse in April 2020. He was charged as an adult.
He filed for probation earlier this month. The denial was a relief to families affected by his crimes and the victims.
“It created a lot of anxiety,” said one victim’s father in a telephone interview. He declined to be identified. “It’s like a huge weight has been lifted off of our family, and I know, the other victims and their families as well.”
Eubank was able to file for probation because juvenile offenders in Kentucky can be re-sentenced when they turn 21. The news Eubank was applying for probation shocked victims and their families who didn’t know about the rule when he was originally convicted and sentenced.
“It was disturbing, it was frustrating it was infuriating at the same time,” the father said. “It was just one thing after another. You know, we hope now that there’s some semblance of closure.”
Around 100 people wrote letters to Kenton County Judge Kate Molloy asking Eubank to be denied probation. The effort by people community was appreciated.
“That definitely made us feel like people understood the magnitude of what happened here,” the father said. “There’s got to be accountability and there’s got to be a price to pay.”
Eubank’s attorney provided this statement to FOX19 NOW, “We are heartbroken by the ruling and strongly disagree with it. We are exploring an appeal.”
Kenton County Commonwealth Attorney Rob Sanders said Eubank would be eligible for parole in four and a half years because of the previous four years he served.
Sanders said he would oppose parole for Sanders in the future because he expected victims would object to the parole and they would still be living in the Tri-State.
“What’s important about this, the victims knew that he would be parole eligible after eight and a half years,” Sanders said. “They weren’t supposed to have to fight this year, after year, after year.”
Eubank will be transported to an adult facility on Saturday, which is his 21st birthday.
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