Corbin Breitenbach was sentenced in 2013 for a sex crime against a 22-year-old woman.
He was released on parole at the end of April, after serving four years in prison of his 5 1/2-year sentence. Then, authorities say, six weeks after he was released from the Kansas Department of Corrections, Breitenbach attacked again.
This time, the victim was a 7-year-old girl.
Authorities say Breitenbach went into the child’s bedroom in an apartment complex in Wichita. He strangled the girl until she was unconscious and took her to an outdoor balcony, where he raped her, authorities say.
The incident happened around 3 a.m. on June 11, authorities say. The 23-year-old was arrested days later and was charged this week with capital attempted murder, aggravated criminal sodomy and aggravated burglary.
Sedgwick County District Attorney Mark Bennett said that although authorities believe Breitenbach raped the child, they did not charge him with rape because that offense is already incorporated in the capital attempted murder charge.
Under Kansas law, suspects can be charged with capital murder or capital attempted murder when they’re also accused of kidnapping somebody age 14 or under with the intention of committing a sex offense against the child. State law defines sex offense as rape, sexual exploitation of a child, selling sexual relations and other related offenses. In Breitenbach’s case, authorities say he tried to kill the young girl by strangling her; they also say that he kidnapped her by taking her to an outdoor balcony and raped her there.
If convicted, Breitenbach could face life in prison.
It’s unclear how investigators identified Breitenbach as the suspect in the girl’s rape. Bennett said he couldn’t discuss the evidence of the case. Local media reported that he did not know the girl, but that he has a girlfriend who lives in the same apartment complex.
Breitenbach is being held on a $1 million bond. His court-appointed attorney did not return a call seeking comment.
On June 21, 2012, almost exactly five years before the recent incident involving the young girl, authorities say Breitenbach raped a woman he knew through a mutual friend. Breitenbach, who was 18 at the time, approached the woman and choked her until she passed out. The woman’s fiance found her unconscious in bed following the assault, the Wichita Eagle reported.
Breitenbach was charged with rape, aggravated criminal sodomy and aggravated battery, court records show.
But after taking a plea deal, he was convicted of lesser charges, of three aggravated sexual battery counts. He was sentenced to 5 1/2 years in prison, the maximum punishment allowed for those charges for someone with no criminal history, prosecutors said. Breitenbach was also required to register as a sex offender.
Under Kansas law, inmates are eligible for release after serving 85 percent of their sentence. Breitenbach was paroled on April 28, roughly four years after he was sentenced. Records show he also received credit for the 10 months he spent in jail while the criminal case was pending.
While in prison, Breitenbach had more than 30 disciplinary reports that included disobeying orders, fighting, dangerous contraband and insubordination, prison records show. But apparently, nothing was severe enough to lengthen his sentence.
Bennett, the district attorney, said there’s nothing authorities could have done to prevent Breitenbach from committing another crime after his release. He had no parole violations and no active warrants, and was reporting to his parole officer as required, Bennett said.
“He reported to his parole officer four or five days before the crime,” Bennett said.
Recidivism, or a person’s relapse into criminal behavior, is difficult to measure — particularly among sex offenders, because few sex crimes are reported, according to the Office of Justice Programs.
A 2003 study, which examined recidivism patterns of 9,961 male sex offenders released from prisons in 15 states about a decade earlier, found that 3.5 percent of the people were convicted of another sex crime within three years of their release. About 24 percent were convicted of a crime of any kind.
Of those offenders, 3,115 were previously convicted of rape. The study found that 5 percent of them were arrested again for a new sex offense within three years, while nearly 19 percent were rearrested for a violent crime. Overall, nearly half returned behind bars.