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Thread: Judge under fire for rape sentence, implying victim was promiscuous

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    Judge under fire for rape sentence, implying victim was promiscuous

    (CNN) -- She could have sentenced him to 20 years in prison after he admitted to raping a 14-year-old girl in her high school.
    Instead, a Texas judge gave the defendant a 45-day sentence and probation after implying that the victim was promiscuous.

    Judge Jeanine Howard told The Dallas Morning News that she based the sentence, in part, on medical records indicating that the girl had had three sexual partners and had given birth.

    Critics fear the decision could discourage other victims from reporting rapes.

    She told the newspaper that the victim "wasn't the victim she claimed to be" and said the defendant, 20-year-old Sir Young, "is not your typical sex offender."

    "We're certainly concerned about the message that's being sent to victims of sexual assault," said Andrea Moseley, chief prosecutor for the Dallas County District Attorney's Office.


    But it wasn't just the sentence that drew criticism; it was the type of community service Young was also sentenced to.
    Young, who was a schoolmate of the victim's when the rape occurred in 2011, was ordered to serve 250 hours of community service at a rape crisis center. The center later said he was not welcome there.
    Judge under fire for rape sentence, implying victim was promiscuous - CNN.com


    A very bizarre story.
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    Re: Judge under fire for rape sentence, implying victim was promiscuous

    Stupid is as stupid does. Just because.

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    Re: Judge under fire for rape sentence, implying victim was promiscuous

    So I didnt see it but he's not being charged with statutory rape? I guess because he was also a minor at the time. Was he charged because the laws states he must be charged because he had sex with a 14 yr old (like lots of 16 yr olds might do, for ex) or did he rape her?

    If it was actually consensual sex (even if not legally consensual), then the fact that the girl was already sexually active may just have influenced the judge into choosing not to ruin the kid's life by sending him to a hard-core facility where he'd end up coming out a criminal. Just a possibility, I can only speculate.

    Edit: Not consensual:
    "Allen further claimed that the victim had agreed to have sex with Young, just not on campus, and "upon making this bad judgment, he admitted that he proceeded over her objections to stop, and he admitted that to the police.""
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    Re: Judge under fire for rape sentence, implying victim was promiscuous

    Quote Originally Posted by Lursa View Post
    So I didnt see it but he's not being charged with statutory rape? I guess because he was also a minor at the time. Was he charged because the laws states he must be charged because he had sex with a 14 yr old (like lots of 16 yr olds might do, for ex) or did he rape her?

    If it was actually consensual sex (even if not legally consensual), then the fact that the girl was already sexually active may just have influenced the judge into choosing not to ruin the kid's life by sending him to a hard-core facility where he'd end up coming out a criminal. Just a possibility, I can only speculate.

    According to the article she said no and he didn't stop...by his admission. But then the public service at a crisis center for women? THAT was really strange.
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    You have no empirical evidence backing up your false assertion. You are simply conjecturing based on a whim...
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    Or maybe "We now understand why women provoke men into hitting them".
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    Re: Judge under fire for rape sentence, implying victim was promiscuous

    Allen further claimed that the victim had agreed to have sex with Young, just not on campus, and "upon making this bad judgment, he admitted that he proceeded over her objections to stop, and he admitted that to the police."

    "We don't think that he qualifies as your typical sex offender. This is not somebody who has preyed on some young kids or unsuspecting people."
    He's not a typical sex offended because he didn't do it before?

    Umm - first time for everything. Does that make rape any less bad?

    And who gives a **** about her sexual history - like that denies her the right to say no.
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    Re: Judge under fire for rape sentence, implying victim was promiscuous

    "What we have here is an 18-year-old high school student who was very talented, very gifted," Allen said, adding that Young had scholarship offers from a "couple of universities."

    I wonder if he was an athlete, they tend to get away with a lot. I wonder if the victim was black or Hispanic. And how did the judge get the victims medical records?

    There was good news:
    "[The judge] removed herself from the case Friday and the case has been assigned to a different court. Prosecutors also filed a motion Friday asking that the new judge overseeing the case order 20-year-old Sir Young to follow the standard requirements for a sex offender – some of which are legally required."
    North Texas judge's sentence, comments in case of teen's rape spur outrage | khou.com Houston

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    Re: Judge under fire for rape sentence, implying victim was promiscuous

    I can see good cause for a lighter sentence, though maybe not that light. The age of the two individuals is a factor as both were teenagers and classmates at the time. Him confessing to the crime should also generally lead to a lighter sentence. You also have the statement that she had actually consented to having sex with him, just not in the school. This being a first-time offense always suggests a lighter sentence is appropriate. Essentially you have a teenager who, in the heat of the moment, made a bad decision that hurt another person and then confessed to his actions. While a harsher sentence might have been appropriate, given that it is quite possible a harsher sentence would have included various things that are basically life-destroying measures under our current system I can understand the reluctance. The rape crisis center part was ill-considered, though I do at least get what she was thinking in suggesting it. Were this young man sentenced to 20 years and treated as a child sex offender then that would have been worse, from my perspective, though obviously that is how some would prefer it be handled.
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    Re: Judge under fire for rape sentence, implying victim was promiscuous

    Yeah, there's been a lot of this kind of judicial nonsense regarding rape going around lately. Disheartening as hell.

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    Re: Judge under fire for rape sentence, implying victim was promiscuous

    I mean, we have judges for a reason. If we just want automatic sentencing, we can make robots for that.
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    Re: Judge under fire for rape sentence, implying victim was promiscuous

    Watching this on CNN right now and one of the commentators - Sunny Hostin, a former prosecutor of sexual offenders - felt the sentence was right. She cited the fact that the kid admitted his guilt the day of the incident and was apparently contrite. She also noted that registering as a sex offender for the rest of one's life is a pretty harsh punishment in and of itself.

    She also thought the community service at a rape crisis center was sensible and likened it to drunk drivers being forced to confront victims of drunk driving.

    I don't often agree with her and while I'm not sure about the last she seems on target otherwise.
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