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Criminal Justice and Sexual Assault (1 Viewer)

In my experience, there are many good reasons why these cases get pled out:

(1) The burden of proof is extremely high.  Proof beyond a reasonable doubt is a tough standard, especially when you typically only have one behind closed doors witness and little corroborating evidence.  Things get murkier when there are elements of consent in the statements of the Defendant ("she seemed into it too") as well as the behavior of the victim ("I started kissing him...").  

(2) The right to remain silent means the case will be about the victim, her credibility (she's repeated her account so many times there are bound to be inconsistencies), her behavior both before and after, and her culpability (i.e. how she dressed, was she flirty, did she drink too much etc.).  While the victim may be cross examined by a hostile defense attorney for hours, the Defendant doesn't have to present evidence and doesn't have to testify. 

(3) It's a public process.  Aside from having to testify AGAIN (she's already told the cops, the docs, the DA, the grand jury, the DA again in trial prep), she must now do it in front of the Defendant, his family, his lawyer(s), a judge, the media, various court staff and interested persons, and 12 strangers who get to pass judgment on what she says.  It's incredibly draining and highly intimidating.  

(4) The requirement of a unanimous verdict means that one vote to acquit can result in a mistrial, which means going through the process all over again just because one person wasn't convinced of guilt.  Who wants to go through this twice?   

(5) If the Defendant has no criminal record, it's going to be difficult to convince a judge to send the guy to prison unless some sort of added forcible element is involved (I understand that it's a crime of violence but without a weapon, evidence of drugging, injuries or the like, this will act as mitigation).  Here too, the victim's behavior will be reviewed to determine how "culpable" the Defendant was.  In the judge's head, the clean cut kid with the nice suit and slick lawyer is being compared to drug dealers, armed robbers, and wife beaters with many past crimes, and if the victim comes off as a promiscuous and/or troubled woman (as is often the case), that too will play in the Defendant's favor.   

Any one of the elements listed above can cause the victim/prosecutor to punt and seek a plea deal.  More often than not, it is the victim who caves because of the trauma of it all.  The criminal justice system is not designed to handle these types of cases in any sort of humane way.  All benefits go towards the Defendant and it is the victim who is effectively put on trial from beginning to end.  It takes a really special and courageous person to see it through.       
Now what about when they do that, there are convictions, and (like the Baylor doctor) it’s found that a physician raped a drugged patient after her nurse call button was disconnected? And the jury (because it’s Texas) gives him probation?

 
Everyone has a line.  I believe that at least one story I linked in the first two pages should cross just about everyone's lines.  And then, there aren’t a lot of intellectually consistent reactions outside of: accept that those cases don’t have a good explanation that includes “we really do care about and take care of these kinds of victims of sexual assault and/or deter these kinds of rapists” or just try to stop thinking about it.  

 
I'll stop cluttering up other threads with my belief that this country does not adequately prosecute or, frankly, care about sexual violence against women.  Other threads are replete with victim blame for not coming forward, and statements as to what women can do to be treated as survivors instead of liars.

https://www.wfaa.com/article/news/local/former-baylor-fraternity-president-jacob-anderson-accepts-plea-deal-after-rape-indictment/500-604555681

Former Baylor fraternity president Jacob Anderson accepts plea deal after rape indictment

Anderson was accused of drugging and repeatedly raping and choking a young woman until she passed out.  She immediately went for medical attention.  She immediately went to police.  She stayed active and involved in the prosecution for two years, extending the entire experience for her for two years.

After being indicted by a grand jury on four charges, the trial was postponed a week before it was to begin and never rescheduled.  A plea deal was just entered.

Much like the "USA Shootings" thread, I intend to put cases where accused rapists get a slap on the wrist and/or minor plea deal here.
I hope that as this becomes more public that assault victims will come forward right away.  That would help for starters.  A lot.  Respect for a drunk lady even though you are drunk would also help a lot but that comes with upbringing.  I guess I'm saying is that there is always going to be douchnozzel predators & the girl just has to tell someone & get the process started.  Preferably tell her best friend or mom because if she tells a dad like me I'm going away for a nickle to a dime in the state pen for killing the guy. 

 
I hope that as this becomes more public that assault victims will come forward right away.  That would help for starters.  A lot.  Respect for a drunk lady even though you are drunk would also help a lot but that comes with upbringing.  I guess I'm saying is that there is always going to be douchnozzel predators & the girl just has to tell someone & get the process started.  Preferably tell her best friend or mom because if she tells a dad like me I'm going away for a nickle to a dime in the state pen for killing the guy. 
This is one of the most cited reasons young women don’t tell their fathers/anyone.  They’re afraid he’ll end up in prison “because of her.”

 
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This is one of the most cited reasons young women don’t tell their fathers.  They’re afraid he’ll end up in prison “because of her.”
State prison is not so bad.  County prison is worse.  Federal prison is truly a country club.  IMHO

 
Yeah, I’m not arguing with you.  I’m explaining why women don’t come forward.  If they tell the police or other authority, dad’s going to find out. 
If I find out after the fact, I don't kill the guy that night.  I probably hire it out for a later date.

 
Everyone has a line.  I believe that at least one story I linked in the first two pages should cross just about everyone's lines.  
I agree 100%.  You and I disagree on certain aspects of how the law should work in this area, but we're in complete agreement on many of the stories that you've posted here.  I think we're mostly on the same team although I'm not sure that you'd see it that way.

 
I agree 100%.  You and I disagree on certain aspects of how the law should work in this area, but we're in complete agreement on many of the stories that you've posted here.  I think we're mostly on the same team although I'm not sure that you'd see it that way.
You consistently think I have a worse opinion of you than I do.  I’m sorry if I do that. 

 
Not for a daughter recovering from a rape who needs her dad. 
not having been in that situation with a daughter raped I guess I can't completely rule out or in, anything.  I do have a 1st cousin who was raped at a party in a bathroom when she was 15.  Got told the story 10 years later so I can see where you are coming from.  No she didn't report it.

 
You consistently think I have a worse opinion of you than I do.  I’m sorry if I do that. 
No, I get it.  I just think we both tend to focus more on our differences (this is the internet after all) and focus less on the stuff we agree on.  In my real bricks-and-mortar life, I see myself as an ally for women.  

 
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I believe you’re a better father than can be replaced by a chat screen.  

I know this is tongue in cheek and you aren’t a psychopath, but I’m serious about victims being afraid of it. 
I would kill him or have him killed.  5 to 10 years of prison is nothing in the grand scheme of things.  IMO.      & I don't get riled up about much anything except abuse of kids, including teenagers.

 
I would kill him or have him killed.  5 to 10 years of prison is nothing in the grand scheme of things.  IMO.      & I don't get riled up about much anything except abuse of kids, including teenagers.
I do, too.  But my understanding from victims is that for many of them if they believed the men in their lives would react by asking what they want and need instead of “I’ll kill him” it would be a safer space for them. 

 
These cases need to be highlighted and have outrage at the lack of justice.   The problem is the politicians 'care' about sexual assault only when there is political manuevering involved.  Feinstein only cares about bringing Kavanaugh down.  She doesn't care about these women. 

 
These cases need to be highlighted and have outrage at the lack of justice.   The problem is the politicians 'care' about sexual assault only when there is political manuevering involved.  Feinstein only cares about bringing Kavanaugh down.  She doesn't care about these women. 
It ain’t just Feinstein. 

There was an article recently discussing why white women don’t en masse vote against sexual violence or misogyny.  Basically “we’re still so much higher on the totem pole than so many other people, it could be worse.”

 
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This is (mostly) a good and interesting thread, despite the tough subject matter.  I don't want to comment much because I'm more interested in seeing the male perspective, and as one of the only women here I'm often concerned about being seen as "speaking for all women" in thread like this, which I undoubtedly don't.

I did have one question for @Henry Ford:  have you looked into whether the sentencing is different when the victim is a male?  I realize that might be impossible, but assuming that this is a pervasive issue, is it "we don't care about women" or "we don't care about sexual assault"?

I ask in part because I read this thread yesterday and then later in the evening was reading a story of a guy who had been convicted a number of times of sexual assault of boys, and when I read his criminal progression I assumed that he had had these "light sentences" imposed in the beginning.  But nope, first instance of raping a boy and he was given 20 years in prison (able to resume his activities when let out on parole early in his sentence).  I have no idea if that is indicative of disparate sentencing based on sex of victim, so was wondering...

Thanks for the thread.

 
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This is (mostly) a good and interesting thread, despite the tough subject matter.  I don't want to comment much because I'm more interested in seeing the male perspective, and as one of the only women here I'm often concerned about being seen as "speaking for all women" in thread like this, which I undoubtedly don't.

I did have one question for @Henry Ford:  have you looked into whether the sentencing is different when the victim is a male?  I realize that might be impossible, but assuming that this is a pervasive issue, is it "we don't care about women" or "we don't care about sexual assault"?

I ask in part because I read this thread yesterday and then later in the evening was reading a story of a guy who had been convicted a number of times of sexual assault of boys, and when I read his criminal progression I assumed that he had had these "light sentences" imposed in the beginning.  But nope, first instance of raping a boy and he was given 20 years in prison (able to resume his activities when let out on parole early in his sentence).  I have no idea if that is indicative of disparate sentencing based on sex of victim, so was wondering...

Thanks for the thread.
If the victim is male and the perpetrator is male the sentence is usually higher from what I see. When the perpetrator is a woman it’s highly unlikely she gets more than a light tap on the wrist. 

 
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Check what the incumbent has done. 
Maybe you can help me out.  I pulling Charlotte stories and am just seeing one probation officer that the judge gave 12 years to.  The other prominent story is a female who got probation after being charged with 11 counts of statutory rape with boys.  The rest of the stories on the front page are feeds to cases in other areas of the country.  Seems like men rapists are hit harder in this area than female rapists.  Should I vote to re-elect these judges or pick another name and hope for or someone better?

 
Sorry, did people’s birthdays or how long a year is change in your example? Within four years means within four years.
It's the hard stops on birthdays that cause issues. No problem with years or birthdays shifting. In NY, the issue is the shift from 2nd degree:
 

A person is guilty of rape in the second degree when:

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1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
to 3rd degree:
 

A person is guilty of rape in the third degree when:

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2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
So, Peggy Sue, 20 with a birthday in March meets Jim Bob, 16 with a birthday in April at a New Year's Party. Jim Bob can consent to making teh juice with Peggy Sue until her birthday in March rolls around. As soon as Peggy Sue turns 21, it's 3rd degree rape in NY (130.25). Then, when Jim Bob turns 17 in April, he can start back up with Peggy Sue, or dump her for Edith, 96. 17 and 13 is also OK, but if 17 becomes 18 before 13 becomes 14...it's second degree at that point.

At least NY tries to make some sense, although they have left in these holes where what was consent can go away for a short period of time. Mass just takes the principle that if you're 15 it's a crime. 16 and 1 day can consent, 15 and 364 days cannot. Both 15 year olds would be committing a crime.

And it's statutory because there wasn't an age of consent in English Common Law. Was codified in something like 1275 at 10 years old.

 
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It's the hard stops on birthdays that cause issues. No problem with years or birthdays shifting. In NY, the issue is the shift from 2nd degree:
 

to 3rd degree:
 

So, Peggy Sue, 20 with a birthday in March meets Jim Bob, 16 with a birthday in April at a New Year's Party. Jim Bob can consent to making teh juice with Peggy Sue until her birthday in March rolls around. As soon as Peggy Sue turns 21, it's 3rd degree rape in NY (130.25). Then, when Jim Bob turns 17 in April, he can start back up with Peggy Sue, or dump her for Edith, 96. 17 and 13 is also OK, but if 17 becomes 18 before 13 becomes 14...it's second degree at that point.

At least NY tries to make some sense, although they have left in these holes where what was consent can go away for a short period of time. Mass just takes the principle that if you're 15 it's a crime. 16 and 1 day can consent, 15 and 364 days cannot. Both 15 year olds would be committing a crime.

And it's statutory because there wasn't an age of consent in English Common Law. Was codified in something like 1275 at 10 years old.
Right.  But now it’s all codified. 

The state doesn’t have an interest in making sure people can skate right up to the line on exceptions. The exceptions are a wide enough buffer.

A 19 year old shouldn’t be having sex with a 15 year old anyway. 

 
Maybe you can help me out.  I pulling Charlotte stories and am just seeing one probation officer that the judge gave 12 years to.  The other prominent story is a female who got probation after being charged with 11 counts of statutory rape with boys.  The rest of the stories on the front page are feeds to cases in other areas of the country.  Seems like men rapists are hit harder in this area than female rapists.  Should I vote to re-elect these judges or pick another name and hope for or someone better?
I can’t answer that because I don’t have the information you do on names or cases.  I don’t know who else is running.  

And to be honest I really think voting for legislators is more important than judges on this. 

 
I can’t answer that because I don’t have the information you do on names or cases.  I don’t know who else is running.  

And to be honest I really think voting for legislators is more important than judges on this. 
That's where I would disagree but I'm open to you changing my mind.  I thought the judges handed out the sentences and approved the plea deals in most places.  I guess the legislators could legislated the judges out of the process somehow.  

 
That's where I would disagree but I'm open to you changing my mind.  I thought the judges handed out the sentences and approved the plea deals in most places.  I guess the legislators could legislated the judges out of the process somehow.  
If Paul Ryan held a press conference tomorrow to talk about how rape sentencing is the reason so many rapes happen, trot a dozen rape survivors who were victims of rapists previously on probation out in front of the cameras and announce that Congress is instituting a framework so that rape sentencing has to be equivalent to murder sentencing, there isn’t a judge on the planet who would sentence a rapist to probation that week.  In my opinion.  

 
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If Paul Ryan held a press conference tomorrow to talk about how rape sentencing is the reason so many rapes happen, trot a dozen rape survivors who were victims of rapists previously on probation out in front of the cameras and announce that Congress is instituting a framework so that rape sentencing has to be equivalent to murder sentencing, there isn’t a judge on the planet who would sentence a rapist to probation that week.  In my opinion.  




 
I'd guess you're right in nobody would get probation that week if Ryan were to that. 

I'm mostly interested in what we can do going forward. So I understand what you're saying, are you suggesting the law should change so that rape sentencing is equivalent to murder sentencing? I think that's a fair question to ask and discuss. But I'm not sure if that's what you're saying. 

 
I'd guess you're right in nobody would get probation that week if Ryan were to that. 

I'm mostly interested in what we can do going forward. So I understand what you're saying, are you suggesting the law should change so that rape sentencing is equivalent to murder sentencing? I think that's a fair question to ask and discuss. But I'm not sure if that's what you're saying. 
I’m saying societal attitudes need to change and people need to stop making excuses for rapists at the expense of rape survivors.  I don’t have a legal solution to this.  It’s a societal one. It’s not like Paul Ryan can set the framework for raped sentencing at the state level.  But the leaders on both sides of the aisle have to make sexual violence a social priority and signal to their bases that enough is enough - instead of hunkering down and waiting out #metoo and hoping nobody important gets caught up in it.

 
I’m saying societal attitudes need to change and people need to stop making excuses for rapists at the expense of rape survivors.  I don’t have a legal solution to this.  It’s a societal one. It’s not like Paul Ryan can set the framework for raped sentencing at the state level.  But the leaders on both sides of the aisle have to make sexual violence a social priority and signal to their bases that enough is enough - instead of hunkering down and waiting out #metoo and hoping nobody important gets caught up in it.
I agree with all of this. But I’m not a big fan of mandatory sentencing laws. 

 
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Legislatures need to put together a framework to punish retaliatory actions against reporters of sexual assault.  Because it gets more retaliation than any or virtually any other reported crime. That may mean a method for maintaining identity protections for victims who speak out to authoritiesand want protection, especially against public figures.  Not because of the nature of the crime but because of the nature of the reaction from society. 

 
I’m saying societal attitudes need to change and people need to stop making excuses for rapists at the expense of rape survivors.  I don’t have a legal solution to this.  It’s a societal one. It’s not like Paul Ryan can set the framework for raped sentencing at the state level.  But the leaders on both sides of the aisle have to make sexual violence a social priority and signal to their bases that enough is enough - instead of hunkering down and waiting out #metoo and hoping nobody important gets caught up in it.
I would hope there are solutions and things we can do. The "hope for societal changes" seems way too vague. I'd hope we can do things now.

Do you see practical changes we can do now to move this forward?

 
Legislatures need to put together a framework to punish retaliatory actions against reporters of sexual assault.  Because it gets more retaliation than any or virtually any other reported crime. That may mean a method for maintaining identity protections for victims who speak out to authoritiesand want protection, especially against public figures.  Not because of the nature of the crime but because of the nature of the reaction from society. 
That makes sense and seems like a practical thing we can do. 

 
I would hope there are solutions and things we can do. The "hope for societal changes" seems way too vague. I'd hope we can do things now.

Do you see practical changes we can do now to move this forward?
Yes.  Anyone who retaliates against a victim of sexual violence who comes forward, with graffiti or public shaming or physical violence, or the like, gets equivalent to 1/4 of the accused’s sentence for revictimizing her. 

 
For me, the way I usually try to look at things is :

1. What is/are the immediate problem(s)? (often it's way more than just one problem and often they're interwoven and dependent on the other. But identifying the problems is where I start)

2. What's causing the problem(s)?

3. What are things we can do to address the causes and hopefully address the problem?

If I'm hearing you right (and you've been quite clear I'm not so please correct me), it seems like the immediate problem is unjust sentences handed down in these cases. There are certainly more problems connected and underlying, but is that fair to say the cases are an immediate problem?

 
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For me, the way I usually try to look at things is :

1. What is/are the immeidate problem(s)? (often it's way more than than just one problem and often they're interwoven and dependent on the other. But identifying the problems is where I start)

2. What's causing the problem(s)?

3. What are things we can do to address the causes and hopefully address the problem?

If I'm hearing you right (and you've been quite clear I'm not so please correct me), it seems like the immediate problem is unjust sentences handed down in these cases. There are certainly more problems connected and underlying, but is that fair to say the cases are an immediate problem?
No, to me the immediate problem is that women who are victims of sexual violence are revictimized if they come forward to a point that the consequences of reporting outweigh the benefits. 

The cases are a part of that in my opinion.  But the immediate problem is both sides of that coin. 

 
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I’m not wedded to mandatory sentencing.  Let’s talk all solutions. Put one up. 
I don’t know. 

The reaction to Kavanaugh, especially among conservatives, really depressed me about this issue. You had an incredibly credible woman, and people were so eager to disbelieve her, so angered that Kavanaugh was being “smeared”- it has caused me to wonder whether we have really advanced as much as I thought we had. 

Even today, two weeks later, I am reading how angry and energized conservatives are over Kavanaugh, how they regard him as a “victim”. How can we possibly do right on this issue when so many people feel this way?

 
I don’t know. 

The reaction to Kavanaugh, especially among conservatives, really depressed me about this issue. You had an incredibly credible woman, and people were so eager to disbelieve her, so angered that Kavanaugh was being “smeared”- it has caused me to wonder whether we have really advanced as much as I thought we had. 

Even today, two weeks later, I am reading how angry and energized conservatives are over Kavanaugh, how they regard him as a “victim”. How can we possibly do right on this issue when so many people feel this way?
So you’re saying we need to change societal attitudes about sexual violence and that’s the only way we can really address this.  

I believe someone in this thread suggested that.  Somewhere. 

 
So you’re saying we need to change societal attitudes about sexual violence and that’s the only way we can really address this.  

I believe someone in this thread suggested that.  Somewhere. 
It’s an easy thing to say. But I don’t know how. 

That Jodie Foster movie, The Accused, is nearly 30 years old. 

 
No, to me the immediate problem is that women who are victims of sexual violence are revictimized if they come forward to a point that the consequences of reporting outweigh the benefits. 




 
Ok. I think then moving toward solutions, like discussing what you've already suggested there, is a way to move forward. 

Maybe it's just me wanting to "fix something", but addressing something specific like revictimizing is helpful if we recognize that as a specific problem. 

 
And @Joe Bryant, as to my disagreement yesterday about how supportive this thread is...

yes, the majority of responses are in support of survivors.  But that’s absolutely to be expected.  A couple of people came in the argue.  I guarantee you that many, many more said “I disagree with Henry Ford, but I’m not coming out in favor of rapists.”  There were, at the last time I looked at this on a computer yesterday when the adversarial discussion started, over 600 views and about 100 replies.  Most of the replies were me.  A good chunk of those views were probably not supportive people.  But having someone come in and very clearly make arguments that were made is very telling about how prevalent the belief still is that “it’s rape, but it’s not the kind that deserves prison time.”

 
It’s an easy thing to say. But I don’t know how. 

That Jodie Foster movie, The Accused, is nearly 30 years old. 
Agreed. "Change societal attitudes" is a giant amorphous goal. Maybe it's just me thinking small but I feel like focusing on more specific achievable goals is a better way to move. Again, just me thinking here. 

 

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