Judge rules probation was legal in North Iowa sex abuse case involving teacher

CHARLES CITY | A judge has ruled it was legal to put a former band teacher on probation rather than sending him to prison for a Floyd County sexual abuse conviction involving an underage girl.

Benjamin J. Thompson, 33, was given a suspended 10-year prison sentence in April 2016 after pleading guilty to felony third-degree sexual abuse involving a 15-year-old girl from Charles City.

Floyd County Attorney Rachel Ginbey, who recommended during sentencing that Thompson be sent to prison, filed a motion in September to review the sentence given by District Court Judge Gregg Rosenbladt.

Ginbey claimed Thompson's prison sentence should not have been suspended because Iowa law states those who are mandatory reporters for child abuse - including teachers - must be sent to prison if they are convicted of sexual abuse of those under age 18.

At the time of the offense in June 2011, Thompson had a teacher's license, but it is unclear if he was a school employee, according to Rosenbladt's ruling on Ginbey's motion.

Thompson, who was the band director at Rudd-Rockford-Marble Rock from August 2006 to June 2008, left that job to accept a position as a high school band director in Houston, Texas.

He resigned from that position effective in May 2011. He began working as associate director of bands in the Pella Community School District in August 2011.

Authorities say Thompson, who had been in contact with a 15-year-old girl from Charles City on social media, drove there to meet her in June 2011. They say he drove her to remote areas in Floyd County to have sex with her.

Former Pella teacher gets suspended sentence in Floyd County sex abuse caseCHARLES CITY - A former Pella band teacher was given a suspended 10-year prison sentence Monday in a 2011 sexual abuse case involving a then-15-year-old girl from Charles City.

In his ruling Rosenbladt stated licensed school employees who deal with children are mandatory reporters and are therefore subject to mandatory prison time if they abuse a child under age 18.

However, the abuse in this case took place after Thompson left his teaching job in Houston but before he began working for the Pella school district, according to the ruling.

Rosenbladt said he couldn't find anything in Thompson's court file indicating he was under contract as a teacher at the time of the offense.

The pre-sentence investigation report recommended Thompson receive a suspended prison sentence and probation rather than prison time, according to Rosenbladt.

His ruling also noted the state didn't allege Thompson was a mandatory reporter until Ginbey filed her post-sentencing motion.

Not long after he was sentenced in Floyd County, Thompson pleaded guilty to two misdemeanor counts of assault with intent to commit sexual abuse in Marion County. Thompson received a four-year suspended prison sentence in that case.

The charges stemmed from alleged events that occurred in Pella during the summer of 2014 involving Thompson and a now-graduated high school student. He taught and tutored the alleged victim, who graduated in May 2014.

Thompson's Floyd County victim did not come forward until she was contacted as part of the investigation into the Marion County case.

Thompson's teaching license was permanently revoked in October 2016.