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Rapist Gets Slap On Wrist From Judge (1 Viewer)

Kinda kills your "I didnt know she was passed out" defense when you strip her and take pictures to send to your buddies.

 
Blake Bolton, a witness who was visiting Stanford on the weekend of the sex attack, later told police that he had seen a man standing over the victim with a phone.

In his statement to cops, Bolton said 'the male subject was standing over her with a cell phone. The cell phone had a bright light pointed in the direction of the female, using either a flashlight app in his phone or its built-in app

I don't even know how to respond to this.  A witness comes forward and says he saw the guy with a flashlight on her passed out and he just left? He just left her there? 

 
Blake Bolton, a witness who was visiting Stanford on the weekend of the sex attack, later told police that he had seen a man standing over the victim with a phone.

In his statement to cops, Bolton said 'the male subject was standing over her with a cell phone. The cell phone had a bright light pointed in the direction of the female, using either a flashlight app in his phone or its built-in app

I don't even know how to respond to this.  A witness comes forward and says he saw the guy with a flashlight on her passed out and he just left? He just left her there? 
Well, he did tell him to turn her on her side.   :wall:

Unfortunately, I think a lot of people are reluctant to get involved.  

 
Every woman I know views bars and heavy drinking events as dangerous situations.  And walking to her car.  And opening her front door.  And sitting in a parking lot.  And going to a dressing room in a store.  And walking into an alley.  And going to sleep.  And meeting a repairman or landlord at their own home by themselves. And going for a walk alone.  And talking to strangers. And making eye contact with strangers.  And eating alone in public.  And wearing headphones in public.  And staying late at the office.  And using an ATM.  

At some point, you have to live your life.
Just to highlight HF's point and to demonstrate the ridiculousness of saying "her drinking contributed to her rape".

Pretty Loaded Tip #4 Are You Distracted?

 
Blake Bolton, a witness who was visiting Stanford on the weekend of the sex attack, later told police that he had seen a man standing over the victim with a phone.

In his statement to cops, Bolton said 'the male subject was standing over her with a cell phone. The cell phone had a bright light pointed in the direction of the female, using either a flashlight app in his phone or its built-in app

I don't even know how to respond to this.  A witness comes forward and says he saw the guy with a flashlight on her passed out and he just left? He just left her there? 
Ever heard of Kitty Genovese? 

 
Again, I don't think you have to provide equivalent sentences to say the the rape is equivalent for the victim.  There are other factors to take into account in sentencing.  But that doesn't mean rape victims should have zero input into rape policy.
Agreed.  Their input should be testimony during sentencing. 

 
That's not really policy. It's single-instance sentencing.  

When defining rape laws, input from rape survivors is appropriate in my opinion.
I want to hear the victim in sentencing.  I want my law makers to listen to a wide variety of people including past victims.  I'm not sure if you mean more than that.  You did say policy, so we might agree. 

 
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I want to hear the victim in sentencing.  I want my law makers to listen to a wide variety of people including past victims.  I'm not sure if you mean more than that.  You did say policy, so we might agree. 
I think we do.  

 
This seems right to me at first blush, but I seem to have a greater-than-average aversion to politicizing judicial functions.
Yeah, I think the problem is having "Judge" be an elected office in the first place.  If it is going to be, then a recall isn't significantly different from an election anyway.  

There has to be a way to remove a sitting judge.  If he's elected, it should probably be by the voters.  In which case, here we are.

 
That is definitely very stupid.
I agree with you both. 

But I think there's  whole lot of other questions or issues that the letter here completely ignores.

Firstly, it makes the claim that sentencing in general is overly harsh. That seems like an awfully big claim and one that is probably pretty subjective. And there's something of an implicit argument that people don't complain and call for removal of judges that are overly harsh. I don't think that's true at all. The argument that there should not be pressure on judges to make good decisions that aren't in clear error one way or the other seems like a bad argument on its face.

The other deeper question is whether judges are even the best options for sentencing decisions. I think there's a strong argument to be made that leaving it to juries is a better option for many reasons. There are certainly arguments against that as well, but the basis of their argument seems to be that judges shouldn't be influenced by outside pressures when the reality is that juries are almost always going to have less pressure since they're always one and done. If the legislature has done their job correctly and there are good sentencing guidelines, then juries are arguably a better choice.

I guess my issue with the letter is that rather than being concerned about sentencing being fair and just, their concern seems only to be that it might not skew in the direction they want it to.

 
http://www.huffingtonpost.com/entry/remember-brock-turner-from-3-months-ago-hell-leave-jail-on-friday_us_57c58c81e4b0cdfc5ac9256b

Remember Brock Turner? From 3 Months Ago? He’ll Leave Jail On Friday.

Former Stanford University student, Brock Turner, was arrested on Jan. 18, 2015 for sexually assaulting an unconscious woman behind a dumpster. Turner was sentenced to only six months in county jail after being convicted of three felony sexual assault charges in March. 

This Friday, Turner is set to be released from jail, having served only three months of his extremely lenient six-month sentence.

The 22-year-old’s light sentence was reduced to three months before he even stepped foot in a jail cell, due to “automatically applied ‘credits’” for good behavior prior sentencing. He was also in protective custody during his entire time behind bars. Given the charges against him, Turner had originally faced up to 14 years in prison. 

Turner’s lenient punishment is the perfect example of what happens when rape culture and white privilege collide. It didn’t matter that there was mounting evidence against Turner, it didn’t matter that his victim was unconscious and alone, it didn’t even matter that Turner was convicted ? the young “promising,” “successful athlete” served only three months for assaulting a young woman whose blood-alcohol level was three times the legal limit and who was reportedly unconscious for three hours on the night of the assault. 

The horrific assault captured the attention of the entire country in June when BuzzFeed published the 23-year-old victim’s impact statement. The survivor read the gut-wrenching letter in court and addressed her attacker face to face. 

The letter is a powerful commentary on sexual assault, victim-blaming and the insidious nature of rape culture. 

“You don’t know me, but you’ve been inside me, and that’s why we’re here today,” the young woman began her letter. “... Your damage was concrete; stripped of titles, degrees, enrollment. My damage was internal, unseen, I carry it with me. You took away my worth, my privacy, my energy, my time, my safety, my intimacy, my confidence, my own voice, until today.” (Read the full letter here.)  

Her letter spoke for every survivor who will never find justice or peace. And millions of people were listening. 

To show support and solidarity for the victim, celebrities, politicians and reporters read the young woman’s riveting letter aloud. Hillary Clinton and Joe Biden praised the survivor for her determination and courage in the midst of such a horrific experience. 

Over one million people signed a petition calling for Santa Clara County Superior Court Judge Aaron Persky ? who resided over Turner’s case ? to be removed from the bench over the lenient sentence. Activists and celebrities held fundraisers to galvanize the public to support their efforts. In August, Persky finally quit criminal court and will now only preside over civil court trials. 

In response to Persky’s light sentence, California lawmakers recently passed legislation that would make jail time mandatory in cases like Turner’s. Under the provisions of this new legislation, Turner would have faced a minimum of three years in jail. 

Public outrage was also fueled by letters from Turner’s family and friends that asked Judge Persky to go easy on Turner’s punishment. The letters epitomized rape culture and were dripping with victim-blaming excuses for Turner’s heinous crime. In a character witness letter from Turner’s father, Dan Turner described his son sexually assaulting an unconscious woman as “20 minutes of action.”

People wrote open letters to express their anger. Survivors came forward with their stories. The public took note of Turner’s privilege and how it affected his punishment. Many people took a hard look at the definition of consent. Some realized that alcohol is never an excuse for rape. Others remembered the importance of bystander intervention.

While Turner’s victim will tragically never receive the justice she so deserves, her story and her words powerfully impacted the public conversation surrounding sexual assault and the affects of rape culture. 

As the young survivor said in a statement to the press in June: “I remain anonymous, yes to protect my identity, but it is also a statement that all of these people are fighting for someone that they don’t know. That’s the beauty of it. I don’t need labels, categories, to prove I’m worthy of respect, to prove I should be listened to.”

This woman was brutally assaulted, courageously came forward and then endured an agonizing character assassination throughout the trial that ? along with the trauma of her assault ? will likely stay with her the rest of her life. Brock Turner spent a summer in jail for sexually assaulting an unconscious woman. Who paid a bigger price?  

 
How else do you prevent this from happening?
Nothing's perfect. Bad outcomes are going to happen. But laws should not be changed drastically because of one unpopular outcome. Judges should still have a lot of leeway in sentencing. The way to get judges to think more is to allow to happen what's happened in this case.

 
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Remember Brock Turner? From 3 Months Ago? He’ll Leave Jail On Friday.
I hope nothing bad happens to this poor, misguided youth.  Out in the world...all alone....would be a damn shame if something were to happen to him.  You know, like knocked out and dragged behind a dumpster and, well, I just don't want to even think about it.

 
Flying Spaghetti Monster said:
If you're ever at a loss as to why a victim of sexual assault doesn't come forward, this is why.

This unbelievable piece of filth gets to live his normal happy freaking life forever going forward.  She, however, gets to die inside a little more each day.  Her ability to have a normal sexual life going forward?  Gone.  Her ability to trust a man in any sexual encounter.  Gone.  She's trapped in an emotional cage for the rest of her life while this pathetic excuse for a human being will be banging coeds two at a time by the end of the weekend. 

If there's a hell, Judge Persky will be there.  His sentence was indefensible and unconscionable.  If it takes a recall to get a judge to give more than community service to a rapist, let's pass the petition.  F that guy.

 

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