Jason Bender has been sentenced to 30 years in prison, 13 of which are mandatory. He was also ruled as a Tier III sex offender. Above, Bender says final goodbyes to his parents, who were in court Wednesday to watch the sentencing hearing. In April, a jury convicted Bender of felonious assault, kidnapping, rape and having weapons under disability.
(Journal-Tribune photo by Mac Cordell)
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The man accused of kidnapping his girlfriend then raping and repeatedly torturing her has been sentenced to three decades in prison.
Jason Guy Bender, 41, of 13911 Watkins Road, was sentenced Wednesday to 30 years in prison. Additionally, he was ruled as a Tier III sex offender, meaning he will need to register with the sheriff every 90 days for the rest of his life.
In April, a jury convicted Bender of felonious assault, kidnapping, rape and having weapons under disability.
Between June 24 and June 29, Bender and the victim were sharing a home. On June 28, Bender and the victim began to argue. He refused to let her leave the home, eventually taking her to the basement, tying her up, suspending her from the rafters, beating her then raping her for hours.
“I am not going to rehash the counts or the evidence,” defense attorney Todd Long told visiting Judge Mark O’Connor. “I’d like to talk about things that aren’t part of the record.”
He said Bender has a lot of “positives.” Long said he met the defendant when he was representing him in 2013 on an aggravated assault charge, a charge he was convicted of.
Long said since that time, Bender has “complied with all of the rules of the court.” The attorney added that even while he has been incarcerated for this crime, Bender has been “productive” at the jail.
“From my personal observations, he is a loving and caring father,” Long said.
He said Bender has been a single father for 14 years and his son recently graduated high school with college aspirations.
He said both the boy and the father have had “many adversities in life.”
Long said Bender suffers from a variety of mental health and substance abuse issues, but with proper attention, they can likely be dealt with.
He asked the judge to merge several of the convictions into one crime and to order concurrent sentences.
While Long did not, County Prosecutor Dave Phillips did want to talk about Bender’s history as well as the crimes. Phillips went through Bender’s “long history of criminal convictions” which includes multiple convictions for a variety of assaults, disorderly conducts, menacing, intimidation, aggravated trespassing, unauthorized use of a motor vehicle, vandalism and drug offenses.
Additionally, Phillips said that during a presentence investigation, he received a score indicating that “he would most likely reoffend again.”
He detailed the crime, saying Bender used ratchet straps to tie the victim’s hands and legs together and hang her body from the rafters in the basement. He said Bender beat her with a variety of objects including a metal post and a whip. He also hit her in the head with a firearm. The prosecutor detailed how Bender beat the woman and repeatedly kicked her in the genitals. He said the woman was raped but she hoped that would calm him.
Eventually, the woman was able to free herself and escape while Bender bathed.
Phillips detailed trial testimony from medical personnel who examined the woman and noted about 60 different areas of bruising, pain and swelling from her head to her feet.
He said the woman was “clearly terrorized.”
“The victim is afraid and has declined to give us a victim impact statement,” Phillips said.
When told it was his turn to speak, Bender said he had nothing to say.
“You don’t have anything to say?” O’Connor asked.
“Nope,” Bender confirmed.
Long quickly stepped in to say that Bender’s silence was at his insistence. The attorney said his client is appealing the guilty verdict and wants to retain his rights.
O’Connor said the victim has suffered “serious physical and psychological harm” and Bender has shown, “no remorse.”
He said it is inappropriate to merge the cases because they were “a separate thought process and separate acts.”
The judge explained that Bender took the woman to the basement with the purpose of torturing her where her screams would not be heard.
He said that based on the crime, Bender’s history and his likelihood to reoffend, consecutive sentences are “necessary to protect the public.”
He ordered the 30-year sentence, 13 of which is mandatory, but confirmed Bender has the right to appeal. He said that if Bender cannot afford the appeals process, the state will pay for the attorney as well as the other necessary fees.
Long went ahead and asked the judge to begin the process of appointing a public defender and ordering the transcript for the hearing. He said he would no longer be representing Bender who is now indigent.