Dr. T is an alien
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Post by Dr. T is an alien on May 4, 2014 1:10:17 GMT -5
So the minimum sentence the law allows for someone convicted for rape is what exactly? I'm assuming the law text is slightly more specific than "whatever the judge feels like". After spending about a half an hour reading various Texas statutes online, this sentence actually violates Texas minimum sentencing requirements. He was 18 at the time of the rape (and since he admitted to it, I won't add in the term "alleged"). She was 14. Provided he did not cause serious physical harm or introduce a weapon into the situation his act constitutes a second degree felony sexual assault. Sentencing requirements in Texas is a term of no less than 2 year (and no more than 20). Had she been 1 year younger or if he had used a weapon or intentionally caused serious physical harm while he was violating her it would have been a first degree felony sexual assault punishable by a term of no fewer than 5 years (and no more than 99).
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Post by ThereIsNoAbsurdistOnlyZuul on May 4, 2014 2:21:21 GMT -5
The judge is a disgrace. It's not the the first time that a girl has been declared fair game for rape simply because the judge thought she was of questionable character. This 'logic' allows for the character of the victim to help change the nature of the crime. While it wont set precedence, it still is in the same line of thinking that "Murder is cool, if you like shoot up a bunch of drug dealers."
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Post by SsnakeBite, the No1 Frenchman on May 4, 2014 3:53:38 GMT -5
I hope the judge and the rapist's lawyer can look at themselves in the mirror knowing they just officially said that it's not that bad to rape a child (and don't give me that "ephebophilia" bullshit. 14 is a child) if they're being promiscuous AND creating a jurisprudence that now states that yes, rape is totally okay if you're doing it to someone who is "asking for it" (hint: the very definition of rape is that you can't ask for it), not to mention discouraging rape victims by showing once again that no, the justice system really doesn't care about them.
Oh who am I kidding? I hope they can't. What I really hope is that if there's any justice in this world this ruling will be overturned and these two people will never be allowed anywhere near a courtroom ever again except to answer for their actions and will be ostracised by the rest of the law community, as they deserve. And I hope it haunts them for the rest of their days and they realize what worthless pieces of shit they are.
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Post by "Gizzark" Mike Wronglevenay on May 4, 2014 6:19:43 GMT -5
'The judge only gave the murderer 30 days in prison and 100 hours community service, because the victim was stupid enough to walk home through a bad neighbourhood and be in favour of gun control, and as such not own a gun. I mean, shit, if you're stupid enough to live in Detroit, you're probably going to get robbed. Dumbass. This poor innocent guy just wanted your wallet.'
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jagilki
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Post by jagilki on May 4, 2014 7:39:14 GMT -5
I wonder, if I have this Judge can I go rob a 7-11 and get off with a light sentence? 7-11's get robbed all the time, so they deserve it.
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Post by tigermaskxxxvii on May 4, 2014 10:31:23 GMT -5
So what's your opinion on this sentence Kuni? www.youtube.com/watch?v=qileP4bAzekI wonder, if I have this Judge can I go rob a 7-11 and get off with a light sentence? 7-11's get robbed all the time, so they deserve it. Well they are flaunting their money by having a cash register at the front of their stores like that.
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Legion
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Post by Legion on May 4, 2014 11:01:40 GMT -5
Is this actually a rape case, or a rape by default case because of the age difference and adult/child thing?
IE, was she actually up for sex at the time, only for him to be caught and prosecuted because she was a child?
While it's still a ridiculously light sentence, I can see the judges point if this is a case of semantic rape rather than violent actual rape, considering the past of the girl involved.
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denna5
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Post by denna5 on May 4, 2014 11:07:11 GMT -5
Is this actually a rape case, or a rape by default case because of the age difference and adult/child thing? IE, was she actually up for sex at the time, only for him to be caught and prosecuted because she was a child? While it's still a ridiculously light sentence, I can see the judges point if this is a case of semantic rape rather than violent actual rape, considering the past of the girl involved. From some of what I have read, it is not considered rape because of her age. The defendant plead guilty to rape and there was testimony from the victim and I believe from him that she said no both before and during the act.
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Post by Red Impact on May 4, 2014 11:07:17 GMT -5
Is this actually a rape case, or a rape by default case because of the age difference and adult/child thing? IE, was she actually up for sex at the time, only for him to be caught and prosecuted because she was a child? While it's still a ridiculously light sentence, I can see the judges point if this is a case of semantic rape rather than violent actual rape, considering the past of the girl involved. Not that it really matters considering the age difference, but she said she didn't want to have sex with him.
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Post by king1836 on May 4, 2014 11:09:05 GMT -5
It's always a female judge that does these type of sentences, it is very odd. It is odd!
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Post by Andrew is Good on May 4, 2014 11:14:33 GMT -5
One issue here is not only is this an injustice, but rape is incredibly underreported. And I feel some people might look at this and feel it might happen to them, and therefore, not report it. But yeah, there's a whole lot to unwrap with this. Victim blaming, "slut shaming" (I don't even want to use that term as she didn't want to do anything to begin with, but I guess she would be a "slut" from the judge's perspective), rape culture, not giving a f*** about the girl and her body autonomy, all that fun stuff. In regards to shaming, basically one big thing that could help is attempting to drag this judge's name through the mud. But then again, it could be like that with a politician, and there could be a lot of people in the area that agree with the sentence. Places like Steubenville exist, so it's not so far off. I'm looking more into this though: crimeblog.dallasnews.com/2014/05/dallas-judge-recuses-herself-from-case-of-admitted-rapist-sentenced-to-probation.html/Basically, a new judge has been assigned to this and could change the terms of the probation. Yeah, this stuff angers me, like, I think I need to play Animal Crossing to get my mind off this, or take my frustration out at the gym.
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Post by Cyno on May 4, 2014 11:33:33 GMT -5
Is this actually a rape case, or a rape by default case because of the age difference and adult/child thing? IE, was she actually up for sex at the time, only for him to be caught and prosecuted because she was a child? While it's still a ridiculously light sentence, I can see the judges point if this is a case of semantic rape rather than violent actual rape, considering the past of the girl involved. The victim told him no and he forced himself upon her. That's rape regardless of the ages involved or the promiscuity of the victim. Also this judge disgusts me and I hope she's thrown out of her office. Worthless excuse of a human being.
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Legion
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Post by Legion on May 4, 2014 12:40:08 GMT -5
Is this actually a rape case, or a rape by default case because of the age difference and adult/child thing? IE, was she actually up for sex at the time, only for him to be caught and prosecuted because she was a child? While it's still a ridiculously light sentence, I can see the judges point if this is a case of semantic rape rather than violent actual rape, considering the past of the girl involved. From some of what I have read, it is not considered rape because of her age. The defendant plead guilty to rape and there was testimony from the victim and I believe from him that she said no both before and during the act. Ah, fair enough. Judge is in the wrong then. If he actually raped her, he needs to get treated the same as any other rapist, regardless of her history. I saw the Judge's POV if the girl was consenting and this was more a case of 'the law says' court case, because while her age would make it illegal, her past would indicate she had enough knowledge to make some sort of choice, and may even have not told him her actual age. No point ruining his life for that unless there was evidence he was actively seeking out children to sleep with etc. That wasn't the case, so yeah, bad call by the judge
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Dr. T is an alien
Patti Mayonnaise
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Post by Dr. T is an alien on May 4, 2014 23:00:49 GMT -5
If it makes any of your feel any better, the case that I pondered if this was one in the same as was different. In that case a 14 year old was raped by a teacher at her school and he was given 30 days (basically, time served) and put on probation. In that case the state's Supreme Court apparently tossed out the decision and suspended the judge pending a disbarment hearing. I don't know if Texas's bylaws allow for something similar, but they are a state whose tender sensitivities towards the accused suggests that their should be a way to toss out sentences deemed too light.
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Post by Zaq "That Guy" Buzzkill on May 4, 2014 23:26:55 GMT -5
It sickens me that so many innocent men can get a life sentence for being falsely accused of rape yet when it actually happens then the scumbag gets off light? What kind of warped logic is this?
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Dr. T is an alien
Patti Mayonnaise
Knows when to hold them, knows when to fold them
I've been found out!
Posts: 31,366
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Post by Dr. T is an alien on May 5, 2014 0:09:25 GMT -5
It sickens me that so many innocent men can get a life sentence for being falsely accused of rape yet when it actually happens then the scumbag gets off light? What kind of warped logic is this? You want something even more amazing? The guy that got this sentence was a black guy in Texas. From some accounts the guy does seem to acknowledge that he did wrong. Something else I would like to get confirmed is that some articles on it say that the community service he was given was to work at a rape crisis center (the center apparently refused to allow him access, however). While the whole damned thing is stupid that seems to be stupid at a whole new level.
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wisdomwizard
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Post by wisdomwizard on May 5, 2014 14:28:12 GMT -5
Sigh.....that's rape culture for you.
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Deleted
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Post by Deleted on May 5, 2014 14:43:02 GMT -5
It's shit like this that can stop genuine victims from coming forward. She could've had 500 hundred sexual partners and that doesn't meant that it's OK to f***ing rape her. God dammit.
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Post by HMARK Center on May 5, 2014 15:15:19 GMT -5
The terrifyingly mainstream nature of slut shaming is what really makes it such a huge problem. The very idea of a character judgment based on private sexual history by an individual is bad enough; the fact that it so frequently falls along gender lines then brings hypocrisy into the mix. The sooner this is hashed out, the better, because a headline saying "Rapist Gets Slap on the Wrist" is a horrifying message for people to be reading. It sickens me that so many innocent men can get a life sentence for being falsely accused of rape www.ndaa.org/pdf/the_voice_vol_3_no_1_2009.pdfGiven how few rape accusations are false to begin with, that's not a particularly high number. Yes, it's tragic if anybody is found guilty of a crime he/she didn't commit, but you're talking a very small number, here. Sorry to jump on that, that wording just makes me uncomfortable.
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Post by angryfan on May 5, 2014 15:46:49 GMT -5
So what's your opinion on this sentence Kuni? www.youtube.com/watch?v=qileP4bAzekI wonder, if I have this Judge can I go rob a 7-11 and get off with a light sentence? 7-11's get robbed all the time, so they deserve it. Well they are flaunting their money by having a cash register at the front of their stores like that. Let's not forget, the Slushie machine is a total whore, sitting there churning like that. Serious note, I've seen this before, and I was in the court room. I was with the Sheriff's office at the time, and was going to be giving testimony in an upcoming trial, and the case before us was a guy being sentenced for three rapes. The judge said, in open court, that the rapist had had a traumatic childhood and hard life, and so sentenced him to probation. For THREE violent felonies. I had to get up and go outside, because screaming, "Are you f***ing high you inept son of a bitch?" (my exact words when I got outside) would have landed me in jail and cost me my job.
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