ANDERSON — An Anderson man has been sentenced to serve 30 years in prison following his conviction on a rape charge.
Madison Circuit Court Division 3 Judge Andrew Hopper on Wednesday sentenced James Rudolph, 38, 1400 block of Walnut Street to a fully executed 30-year sentence on the Level 1 felony conviction of rape.
During the hearing, Rudolph testified he disagreed with the evidence presented at the trial and that the woman lied during the trial.
Rudolph asked Judge Hopper for mercy and requested the appointment of an attorney to file an appeal of his conviction.
The woman testified about the impact the August 2019 incident had on her and her children who witnessed the attack.
Deputy prosecutor Grey Chandler said the state requested a 35-year executed sentence because of several aggravating circumstances.
“We’re pleased with the 30-year sentence,” Chandler said. “It was an appropriate sentence.”
During the trial, the woman testified that Rudolph entered the living room that night carrying a handgun, which was unusual.
“If I can’t have you nobody can,” Rudolph said, according the probable cause affidavit.
According to the woman’s testimony, Rudolph asked if she wanted to die first or her children to die first.
The woman testified she started fighting with Rudolph in an attempt to get the gun.
She said Rudolph raped her while holding the gun in his right hand and holding his left hand on her throat.
She testified that after the incident Rudolph was on his knees with the gun pointed at his chest and told her to shoot him, saying, “I’d rather be dead than go to jail.”
Rudolph was the only witness for the defense and his testimony was in direct conflict with that of the woman he is convicted of raping.