Beau Gormley, a former Ozark restaurant owner, was sentenced to probation for raping a woman in 2016.
This is the second time that Gormley has been spared jail time for a sex crime.
In 2016, after pleading guilty in a statutory rape case, the 33-year-old was ordered to participate in a 120-day sex offender prison program. His victim was 16 years old when the crime occurred.
Gormley was then released on probation.
A month into his probation, Gormley raped a woman in Greene County in an incident that involved some consensual sexual contact.
He went to trial where Judge Calvin Holden found him guilty of second-degree rape.
During his sentencing hearing, Assistant Greene County Prosecutor Elizabeth Fax asked that Gormley receive the maximum 7 years in prison, citing Gormley's prior conviction and the commission of the second crime while he was on probation.
"This is not his first rodeo," Fax told Judge Holden.
Jason Coatney, Gormley's attorney, asked the court for probation, stating that when his client committed the second crime, he had not yet started his sex offender counseling.
Coatney maintained that his client had been active and engaged in the counseling and that he was taking responsibility for his actions.
Gormley's probation officer and the woman overseeing his treatment testified that Gormley had made progress and had fulfilled the requirements of their programs.
Holden sentenced Gormley to five years of probation, and told Gormley that he would get a lengthy prison sentence if he violated his probation.
According to police, in the statutory rape case, Gormley had sex with the 16-year-old in the kitchen his restaurant, 3rd Street Pasta and Grill in Ozark. He then forced the victim to change the age on her job application to try and make it seem like he believed she was older.
The restaurant has since been closed.
In the 2016 rape case, Gormley spent hours pressuring his victim to "come lay" with him, and eventually she agreed to get in bed with him and perform oral sex on him.
Once he was in bed with her, the woman stated that he got on top of her and forced himself on her. Gormley allegedly told police that the sex had been consensual.
Sources: Springfield News-Leader