A youth who was charged in the rape of a jogger in North Chattanooga on Oct. 1, 2014, has been sentenced to eight years in state prison.
Dionate Smartt was 17 at the time of the incident.
The first jury in the case could not reach a verdict. A second jury in April ruled him guilty of aggravated sexual battery, which carries 8-12 years.
Prosecutor Jason Demastus said the sentence must be served at 100 percent, though he could get 15 percent off for good behavior.
Erinn O'Leary of the public defender's office has asked for a sentence of seven years and two months, saying Smartt has a learning disability.
She also asked that he be given prison credit for the three years he was under a GPS monitoring program. Judge Don Poole said he did not believe that would apply, but he said he would look into the issue.
Prosecutor Demastus said the victim in the case was 69 at the time and is still experiencing nightmares from it.
Ms. O'Leary said the second jury apparently believed that the incident started out as consensual, then something happened to change it to an attack.
She said, "We would likely not be here today had he (victim) thought he might have broken a rib and gone to the hospital."
She also said he had been bullied at school and learned to be ready to fight as a defense.
Smartt's grandmother said he "does not understand right from wrong." She asked the judge to show mercy on him "for his bad mistake."
A brother of the defendant called him kind-hearted and a caring, loving person.
Smartt said he was "deeply sorry" for the incident.