Judge under fire for rape sentence, implying victim was promiscuous

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**Dreadclaw69**

http://www.cnn.com/2014/05/05/justice/texas-rape-sentence/index.html?hpt=hp_t1

(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.

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."

Critics fear the decision could discourage other victims from reporting rapes.
"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.
"We expect that our victims will be protected and that their reputations will be protected and that they will feel safe in coming forward and reporting these crimes."

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.

"Just having a criminal defendant in the office could be a triggering affect for many of our clients," Bobbie Villareal, director of the Dallas Rape Crisis Center, told CNN affiliate WFAA. "It's just not appropriate."

Young's defense attorney, Scottie Allen, told CNN's "New Day" on Monday that he felt the sentence was "fair and appropriate" given the circumstances, and he agreed with Howard that his client wasn't a normal sex offender.

"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."

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."

HLN reached out to the judge for comment, but she has recused herself from the case.
A new judge will oversee the case moving forward, including a motion filed by prosecutors to add more restrictive requirements to Young's probation.

The victim told WFAA she was devastated by the sentencing.
"I was shocked that a judge, someone that I trusted with this case, would go behind my back, would go and find records and make these allegations that she knows nothing about," she said.

Meanwhile, Young is serving his 45-day jail sentence. If he compiles with the terms of his probation, he won't have a conviction on his record.

**Soladrin**

Wait so, because he's talented and would have a bright future it's not rape?

Gotcha.

**Ouze**

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

Fixed that for her.

How does this kind of thing keep happening in 2014 America? It's just... depressing.

**squidhills**

Wow. The judge blamed the victim so Dakka didn't have to. How courteous and considerate of her.

**Frazzled**

squidhills wrote:
Wow. The judge blamed the victim so Dakka didn't have to. How courteous and considerate of her.

isn't it. See this is why we can't have female judges (ducks fast from flyig chairs). WO a barco lounger? Really?

**Mr. Burning**

he proceeded over her objections to stop

Isn't this the MO of a 'typical' sex offender though?

**squidhills**

Mr. Burning wrote:
he proceeded over her objections to stop

Isn't this the MO of a 'typical' sex offender though?

According to the judge, it doesn't count if the victim is a slut.

Just to put this out there: I think the judge should be removed from the bench for this. She is bad at her job and should not be allowed to make any more decisions without adult supervision.

**hotsauceman1**

I think the 250 hours at a rape crisis center is a good Idea. HAng him upside down and then have him used as a human punching bag for all victims to take their rage on rapists out on him

Automatically Appended Next Post:

squidhills wrote:
Mr. Burning wrote:
he proceeded over her objections to stop

Isn't this the MO of a 'typical' sex offender though?

According to the judge, it doesn't count if the victim is a slut.

Or if the one doing it has a bright future

**Frazzled**

Mmmm the Kennedy defense.

**Da Boss**

This is a travesty, but it's all too common.

At home in Ireland we have judges who sentence rapists to pay fines to the victims instead of or to reduce jail time. Imagine how that money would feel, if you were a rape victim.

When I was working with vulnerable kids in England, I heard similar views voiced by the people who were supposed to be protecting these kids.
After reporting one extremely serious incident to the person in my organisation with responsibility for child safety, I got the response "Yeah, she is a slut, isn't she?"
Still regret not escalating that.

**Asherian Command**

You know what. Feth it. I hate people that give special privileges to low lifes that resort to a dark age ideal.

**Co'tor Shas**

That Judge is horrible.

**TheMeanDM**

Ok...flame me if you like...but it doesn't sound like this guy is 100% like the prototypical rapist.

And I really do have to ask...and again flame me all you want...but *if* this girl did lead him on...and did bring him to the brink of the cliff...but then all of a sudden say "no"....how can some of the responsibility not be on her?

I mean really....nobody put a gun to her head and forced her into this whole situation in the first place.

I think the judge is trying to show that the girl has to take responsibility for her actions....one of them being that she made the poor decision to even meet this guy alone somewhere.

Think about that for a minute. They were someplace secluded enough for them to have intercourse....which turned into rape.

I for one don't think, given what I have read so far, that the boy was lying when he said she agreed to meet him for a hook up. Why else would they be in such a place that would allow this kind of thing to happen?

Yes...there are definite instances of rape when the victim is teuly the victim through -zero- fault of their own.

But to knowingly choose to put yourself in a position where it is a possibility of happening....and then claim that you aren't at all responsible in the least for what happened?

Sorry....but that dog don't hunt for me.

And I believe that is what the judge is getting at. In an instance like this, the responsibility should be shared. That there are consequences for actions and choices that we make....and if you don't want to suffer the consequences of poor decision making....then don't make poor decisions.

Just because they are women/girls does not mean that they should get a free pass for poor decision making. Its actually very degrading and flies in the face of all the demands for equality that women have been fighting for over the centuries.

Again...this never would have happened had she not made a poor decision to be in such a place where this guy could have done this.

Just like he never should have made any numher of bad decisions that ultimately led to rape.

There is, in my opinion, blame a plenty to go around in this situation.

**hotsauceman1**

TheMeanDM wrote:
Snip

The Second No is uttered, you back off and just stop.

**TheMeanDM**

Reiterated: they were someplace secluded enough to have intercourse which * turned into rape.*

No denial from him...or from me...that he raped her.

But she gets a free pass and shares zero responsibility for this situation coming to be in the first place?

Do not two people need to be present for intercourse to happen?

Both made the choice to be there....no denying that part from what I have read so far.

**hotsauceman1**

Yes, Rape Implies that she didnt want it.

**LordofHats**

Do not two people need to be present for intercourse to happen?

That's some strong troll logic you got there

**-Loki-**

squidhills wrote:
Wow. The judge blamed the victim so Dakka didn't have to. How courteous and considerate of her.

As you can tell, that hasn't stopped Dakka from blaming the victim as well.

**Asherian Command**

TheMeanDM wrote:
Reiterated: they were someplace secluded enough to have intercourse which * turned into rape.*

No denial from him...or from me...that he raped her.

But she gets a free pass and shares zero responsibility for this situation coming to be in the first place?

Do not two people need to be present for intercourse to happen?

Both made the choice to be there....no denying that part from what I have read so far.

......
What

NO. No means no. She can do all she wants but if she says no. She means no. If she YELLS stop. SHE MEANS STOP.

It does not mean KEEP GOING.

That... Ugh nevermind its a waste of time trying to prove that is a very immoral statement to say and ignorant as well.

**LordofHats**

It does not mean KEEP GOING.

Well, if you're into roll playing it can.

At that point the safe word means stop (mine is

Blame the Victim

)

**sebster**

TheMeanDM wrote:
Ok...flame me if you like...but it doesn't sound like this guy is 100% like the prototypical rapist.

Actually, rape where a previously interested person has lost interest and is pressured or simply forced in to rape is the most common kind. The idea of the balaclava wearing guy hiding in the bushes or breaking in to your house to force themselves on you is actually extremely rare - most rapes are at the end of a date or between a couple with an existing sexual relationship (even a husband and wife).

In an instance like this, the responsibility should be shared. That there are consequences for actions and choices that we make....and if you don't want to suffer the consequences of poor decision making....then don't make poor decisions.

She got raped. I think she fething understands about consequences now.

And, I'll put this as simply and easily as I can - women ought to take care of themselves, and not put themselves in positions where they are vulnerable to sexual assault. But they should do this purely for their own self-preservation, not out of any legal or moral obligation. And, if they fail to take those precautions, that simply is absolutely of no fething relevance to the courts at all. To the courts all that matters is that she said no, and a man ignored that and decided to have sex with her anyway.

**dogma**

TheMeanDM wrote:

But to knowingly choose to put yourself in a position where it is a possibility of happening....and then claim that you aren't at all responsible in the least for what happened?

People put themselves in situations where rape is possible by virtue of being people, enabling them to be raped.

What this girl did was reckless, and it seems her life was insalubrious to say the least, but that does not absolve the guy of his crime.

TheMeanDM wrote:

But she gets a free pass and shares zero responsibility for this situation coming to be in the first place?

What crime did she commit?

**d-usa**

*Stamps the bingo card*

**cincydooley**

Does anyone know if there is any precedence for a situation where they start, girl says no mid thrust, dude backs off, she files complaint later?

Curious as to how that works, or if we have a situation like that "officially" on the books in the states.

**-Loki-**

cincydooley wrote:
Does anyone know if there is any precedence for a situation where they start, girl says no mid thrust, dude backs off, she files complaint later?

Curious as to how that works, or if we have a situation like that "officially" on the books in the states.

Like, 'for a friend'?

**cincydooley**

No, really a pure hypothetical. I'm married with a kid on the way.

I just know that some FBI estimates claim that about 40% of rape accusations are intentionally false, so I was curious if there was any legal precedent for a situation like that.

No victim blaming. No figure pointing. Just curious. I'm googling it but the search string is tricky.

**-Loki-**

Sorry, I should have put a winky emote in there. I was purely trying to lighten the mood a bit.

**LordofHats**

cincydooley wrote:
Does anyone know if there is any precedence for a situation where they start, girl says no mid thrust, dude backs off, she files complaint later

I wouldn't be surprised if something like that has happened, but I don't think it would come to much. Assuming they were both into it and if the guy stopped when she said no and didn't continue, she doesn't have much of a case as everything prior to that was consensual.

Something fethed up could where the guy might end up in serious trouble but its an outside possibility and not how rape laws are supposed to work. I've never heard of it happening.

I just know that some FBI estimates claim that about 40% of rape accusations are intentionally false

That's not what the FBI reported. They reported that upwards 40% of rape cases are perceived as false by investigators which is a number everyone should be alarmed by. The actually number of false rape allegations (intentional or otherwise) is somewhere around 5% plus or minus 3 and that's been consistently reported by surveys and experts for many years. It hasn't changed much over time.

Here's an interesting article about the rape statistics and numerous inconsistencies about them.

Relevant bit;

According to the document, 2-8 percent of reported rapes are false, but the number that are false accusations is smaller. Women who make false reports want sympathy, and as victims of real rapes can tell you, accusing a real man usually gets you very little.

**Bullockist**

I cannot believe that in this day and age that women cannot stop leading promising young men into the world of fornication and vice. They have been doing this since Eve and I for one wish they would advance themselves enough to stop taking advantage of young mens' innocence. The sooner we bring back arranged marriages the sooner our young men stop having their futures ruined by promiscuous young women. *

*If you cannot tell this is not serious then I don't know what to say.

**Hybrid Son Of Oxayotl**

hotsauceman1 wrote:
I think the 250 hours at a rape crisis center is a good Idea. HAng him upside down and then have him used as a human punching bag for all victims to take their rage on rapists out on him

I do not think this is what the rape victims need, and I do not think this is what the rape victims want either.