A Vancouver man was sentenced to 8½ years in prison Wednesday for raping two girls in separate cases stemming from 2013.
Zachary D. Lail, 21, previously pleaded guilty to one count of second-degree child rape in one case and third-degree child rape in the other.
In an agreement with the prosecution, one count each of promoting commercial sex abuse of a minor, sexual exploitation of a minor and second-degree rape, connected to the third-degree rape conviction, were dismissed. One count of second-degree child rape was dismissed in the other case.
Lail was accused of forcing a 14-year-old girl to prostitute herself by making her walk Portland’s busy 82nd Avenue and posting explicit photos of her on Craigslist to create a prostitution advertisement. He had allegedly picked up the 14-year-old, who was a runaway, and her friend in Vancouver and trafficked them to Portland, according to a probable cause affidavit. That case was filed in September 2013.
The second case, filed in November 2013, accused Lail of having sex with a 13-year-old girl. The girl told police the abuse happened in May 2013, court records said.
Lail admitted that he had sex with both of the girls but denied the prostitution allegations.
His defense attorney, Therese Lavallee, said Lail functions at a lower cognitive level than what would be expected of his age. She said his mental state is much closer to the victims’.
She read a statement on behalf of Lail, who apologized to the victims for his “poor decisions” and said he wants to seek treatment.
His mother also addressed the court and asked Judge Suzan Clark to consider his mental state when sentencing.
“My son is not the monster that these charges make him out to be,” she said. “I understand that the law is black and white, but I’m asking you to consider the gray.”
Clark said the court has little latitude for what it could do in these cases. She agreed to follow the attorneys’ recommendation and sentenced Lail to 102 months in prison. He was given credit for 647 days in custody.
Lail will have to register as a sex offender and is to have no contact with the victims.
