A Flathead County District Court judge has sentenced Justina Fey Calftail, also known as Justin Lee Calftail, to 30 years in state custody after convictions on two felony sexual assault charges involving child victims, with the court specifically ordering the offender housed in a male facility despite identifying as female. The judgment was entered April 15 by Judge Dan Wilson, who is also a candidate for the Montana Supreme Court.
According to the sentencing order, Calftail was convicted of sexually assaulting two children — ages 5 and 12 — by groping their genitals while they were playing at a public park. Judge Wilson imposed two concurrent 30-year commitments.
The court’s order noted that Calftail identifies as female but stated the offender is “genetically and anatomically male.” Wilson further wrote that public safety concerns required the defendant not be housed or confined with any female person or any minor while under state custody or care.
That means the offender is to serve the sentence in a male correctional or treatment setting rather than in a women’s facility. The court directed state officials to determine the most appropriate placement, including a correctional facility, mental health facility, residential facility, or developmental disabilities facility.
Judge Wilson also cited aggravating factors including prior convictions for theft, felony drug possession, bail jumping, criminal trespass, and assault, along with violent behavior while in detention awaiting sentencing.
In addition to incarceration, the sentence requires intensive sex offender treatment, psychosexual evaluations, annual polygraph testing, GPS monitoring, and registration as a Tier 3 sex offender.
Wilson wrote that the sentence was intended to reflect the seriousness of the crimes, protect the public, and reduce the risk of future offenses through long-term supervision and treatment.
By: Montana Newsroom staff
