"Based on the report and the standard of proof, we concede the commonwealth could prove clear and convincingly he is a sexually violent predator," Public Defender Robert Trambley said.
Because the clear and convincing burden of proof is being challenged across the state, Van Horn said Trambley would be free to pursue any complaints on the constitutionality of the law.
Wilmot said the commonwealth and the victim agreed to the sentence, which is in the lower third of sentencing guidelines.
Rape is a first-degree felony with a maximum sentence of 20 years in prison.
Trambley said Henry has admitted his guilt, which is "a positive step in his recovery."
Henry will serve at least 5 1/2 years in state prison.
Henry's sentence will run from June 6, 2000, when he was incarcerated at the Franklin County Prison.
Van Horn also sentenced Henry for violating his probation on three other charges.
She sentenced him to from 12 to 60 months in state prison for a 1996 theft charge to be served at the expiration of the rape sentence.
He was also sentenced to from six to 60 months for a conspiracy charge from 1995, That sentence will run concurrently with the theft sentence. An additional six to 60 months was tacked on the end for a 1995 theft charge, but he was given four months credit for time served.
Van Horn also ordered Henry to have no contact with the victim and to undergo mandatory DNA testing.
Court records show that Henry was convicted twice before of indecent assault in 1996 and 1997.
Both assaults occurred in the same mobile home park, according to court records.
The records show that Henry was charged on Oct. 21, 1996, with indecent assault involving a 17-year-old girl. On Oct. 5,1997, he was charged with indecent assault against a woman whose age was not disclosed in the affidavit.
Henry pleaded no contest to the first charge in January 1997, and was sentenced to six to 23 months in Franklin County Prison. He pleaded no contest to the second charge in May 1998, and was sentenced to nine to 23 months in jail, court records show.