Teenager Accused of Rape Deserves Leniency Because He’s From a ‘Good Family,’

[KMFJD]

https://www.nytimes.com/2019/07/02/nyregion/judge-james-troiano-rape.html

absolutely disgusting

 

[HomerJS]

more affluenza. Judge needs to be impeached

 

[zinfamous]

This is how Brett Kavanaughs are created. Literally, the exact same piece of rapist shit from the same shitty world.

 

[K1052]

Has the Trump administration tried to appoint him to a cabinet post yet?

 

[glenn1]

Same scenario as the Brock Turner case. Why do you keep giving judges sentencing discretion if you have a cow when they use it? Just remove judicial sentencing discretion for sexual assault cases, boom, done. I have zero issue if you do that.

 

[DrunkenSano]

Judge should be sent to prison so he can learn what rape is first hand.

 

[Jaskalas]

https://www.nytimes.com/2019/07/02/nyregion/judge-james-troiano-rape.html

absolutely disgusting

At first it mentioned they were both drunk.

But he was sober enough to film AND call it rape himself. Those actions are of a predator and it is clear that he was sober enough to be held accountable for his crimes.

 

[K1052]

Same scenario as the Brock Turner case. Why do you keep giving judges sentencing discretion if you have a cow when they use it? Just remove judicial sentencing discretion for sexual assault cases, boom, done. I have zero issue if you do that.

Uh not really. The judge denied a motion by the prosecutors to have the defendant tried as an adult under the law instead offering these excuses which the appellate court described as improperly "conducting a bench trial" when reversing his decision.

Sentencing discretion should be left in the hands of judges. If there is evidence a judge is biased or levies improperly harsh/lenient sentences based on arbitrary factors then there should be opportunity to have those decisions reviewed and overturned if necessary. Same with these decisions on motions to prosecute as an adult.

 

[Commodus]

Same scenario as the Brock Turner case. Why do you keep giving judges sentencing discretion if you have a cow when they use it? Just remove judicial sentencing discretion for sexual assault cases, boom, done. I have zero issue if you do that.

I don't think any of us want to give judges that level of sentencing discretion. And I suspect the court still has to be allowed some leeway -- it's just a question of what the minimum is, and it should definitely be higher.

 

[glenn1]

At first it mentioned they were both drunk.

But he was sober enough to film AND call it rape himself. Those actions are of a predator and it is clear that he was sober enough to be held accountable for his crimes.

What possible scenario would be a mitigating factor for rape where a more lenient sentence via judicial discretion would be appropriate? I can't think of any, so why does sentencing discretion for rape/sexual assault even exist? If y'all didn't learn after the Brock Turner case and fix that shit I'm not even sure how you can be mad about it when the exact same thing happens again. Is this going to be an ongoing thing for you guys where you refuse to fix an obvious problem so you can periodically get your outrage on?

 

[KMFJD]

thankfully the kid is getting prosecuted and that judge is being looked at

 

[Greenman]

Did any of you read the story? Two teenagers, both drunk, female apparently a willing participant?
I'm not seeing a crime worthy of sending a young man to prison for twenty years.

 

[s0me0nesmind1]

What possible scenario would be a mitigating factor for rape where a more lenient sentence via judicial discretion would be appropriate? I can't think of any, so why does sentencing discretion for rape/sexual assault even exist? If y'all didn't learn after the Brock Turner case and fix that shit I'm not even sure how you can be mad about it when the exact same thing happens again. Is this going to be an ongoing thing for you guys where you refuse to fix an obvious problem so you can periodically get your outrage on?

Yeah, I agree - I think my only question as far as minimum sentencing is making sure we define exactly what rape is so it doesn't spill over.

Is dry humping rape?
is fondling a boob rape?
Or is it STRICTY penetration in 1 of 3 orifices?

 

[glenn1]

Did any of you read the story? Two teenagers, both drunk, female apparently a willing participant?
I'm not seeing a crime worthy of sending a young man to prison for twenty years.

Story was behind NYT paywall so some (including me) probably went to different source which may have included different levels of details. @K1052 corrected me this story doesn't involve sentencing discretion but my point still stands. I guess other types of judicial discretion such as what trial motions to grant/deny are less amenable to having limits placed on them.

 

[zinfamous]

Did any of you read the story? Two teenagers, both drunk, female apparently a willing participant?
I'm not seeing a crime worthy of sending a young man to prison for twenty years.

lol, did you read it?

 

[[DHT]Osiris]

Did any of you read the story? Two teenagers, both drunk, female apparently a willing participant?
I'm not seeing a crime worthy of sending a young man to prison for twenty years.

Generally speaking, an intoxicated person cannot 'consent'. In addition, the perpetrator himself called it rape. I'm having a very hard time having leniency toward him, and that judge should have as well.

Let's be clear, this 'young man' is a self-described rapist. Let that sink in, then consider what you're defending.

 

[zinfamous]

Yeah, I agree - I think my only question as far as minimum sentencing is making sure we define exactly what rape is so it doesn't spill over.

Is dry humping rape?
is fondling a boob rape?
Or is it STRICTY penetration in 1 of 3 orifices?

who gets to define rape?

basically: yet another proclamation from the realm of ignorance that simply doesn't understand that males and females experience sex in very, very different ways.

 

[zinfamous]

Generally speaking, an intoxicated person cannot 'consent'. In addition, the perpetrator himself called it rape. I'm having a very hard time having leniency toward him, and that judge should have as well.

Let's be clear, this 'young man' is a self-described rapist. Let that sink in, then consider what you're defending.

--rapist proudly calls himself a rapist, sews on his new rape merit badge.
--Greenman: I don't see a crime!

 

[glenn1]

lol, did you read it?

Let me help with a non paywalled version of the story before you give folks grief about "did you read it lol"? Feel free to contribute other links if they provide details not in this link.

https://thehill.com/blogs/blog-brie...fire-after-arguing-teen-accused-rape-deserved

 

[Greenman]

Generally speaking, an intoxicated person cannot 'consent'. In addition, the perpetrator himself called it rape. I'm having a very hard time having leniency toward him, and that judge should have as well.

Let's be clear, this 'young man' is a self-described rapist. Let that sink in, then consider what you're defending.

Not so much defending as accepting that teenagers do a lot of stupid things. Drunk teenagers even more so. Yes, the young fellow called it a rape and posted video, which reinforces the point that teenagers do really stupid things.
I'm just not that quick to condemn what may have been a two party mistake, while understanding that the young fellow may indeed be a sleaze ball that deserves to be locked up.

 

[[DHT]Osiris]

Not so much defending as accepting that teenagers do a lot of stupid things. Drunk teenagers even more so. Yes, the young fellow called it a rape and posted video, which reinforces the point that teenagers do really stupid things.
I'm just not that quick to condemn what may have been a two party mistake, while understanding that the young fellow may indeed be a sleaze ball that deserves to be locked up.

Maybe this is a generational thing or something, but long gone are the days of 'boys will be boys'. Young men are expected to be responsible for their actions nowadays, and rape is included in that. You may disagree with it but times, they are a changin'. You can copy-paste this to apply to income inequality, rich people being rich, casual racism, casual sexism, etc.

 

[s0me0nesmind1]

who gets to define rape?

basically: yet another proclamation from the realm of ignorance that simply doesn't understand that males and females experience sex in very, very different ways.

Not sure where the hell you're going with this... That and it's disturbing that you apparently think it can't be defined.

But my main point is this: Rape right now has a HUGE range of consequences from light to heavy. That is the EXACT problem we are discussing here.

If you don't have specifics on the laws, this is the risk you run.


So you're fine if someone defines rape as slapping a person of the opposite sex on the butt? 20 years in jail?

 

[1prophet]

Generally speaking, an intoxicated person cannot 'consent'. In addition, the perpetrator himself called it rape. I'm having a very hard time having leniency toward him, and that judge should have as well.

Let's be clear, this 'young man' is a self-described rapist. Let that sink in, then consider what you're defending.

Yet if that same intoxicated person got behind the wheel of a car and drove on a public road why do we want to hold them responsible for their actions but not when having sex?

 

[[DHT]Osiris]

Yet if that same intoxicated person got behind the wheel of a car and drove on a public road why do we want to hold them responsible for their actions but not when having sex?

Honestly I think it has a lot to do with fear. An individual with the power to make these decisions (generally a white male) hearing a story about a drunk driver can imagine themselves being killed by that drunk driver, so they fear them. They cannot imagine themselves being raped by that person though, so there's no fear involved, thus less of an impetus to have a strong reaction.

This may be compounded if they grew up during a time when such activities were just 'things teenagers did'. 'Don't drink and drive' has been a thing since what, like the 70's? Designated Driver's since the 80's? Women are still struggling to prove that unwanted penetration was actually, for serious rape.

This will change over time, as all things do, and 50 years from now 20-somethings will be wowed when they find out in college 'how bad things used to be'.

 

[SMOGZINN]

Not sure where the hell you're going with this... That and it's disturbing that you apparently think it can't be defined.

It is a lot like trying to define all the things that would definitely be murder. Yes, there is a finite number of things that are murder, but we would much rather leave the definition with enough room to make sure that anything that definitely is murder, but we didn't think of, is not left out.

It is hard enough to get a rape conviction that not many are worried about someone getting convicted of rape for an action that is definitely not rape. Our entire justice system is based on the idea that 12 peers + a judge will do a better job than some super strict definitions. Laws need wiggle room for the strange cases.