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

[SMOGZINN]

Oh really? Try that defense next time when drunk driving.

"No, but you see sir, I was so intoxicated that I did not consent to driving! I wasn't able to control myself!"

That...That is not how consent works. Consent requires someone to consent to. Consent is a contract between two (or more) people.

 

[darkswordsman17]

Well, I for one, am shocked that we have the usual suspects (seems like we should maybe start to use that in the literal sense) in here doing everything they can to defend this.

More and more I'm convinced that those of you doing that have committed rape and you're desperately trying to keep lying to yourself that it wasn't. That's the only possible explanation for why you literally have gone out of your way to defend almost every instance of rape that you can (seriously the only time I can recall them not is Weinstein; well and the generic "Mexicans are rapists" claims, and I'm sure there's probably been some black people accused of rape that you said they should be lynched over). At this point it can't even be explained because of political tribalism (unless rape is literally a fundamental part of your political identity...which to be fair does seem to be the case, so maybe it is still possible).

 

[soulcougher73]

Good family and excellent schooling not found. Anything that produced this POS can't be good.

 

[Sunburn74]

Good family and excellent schooling not found. Anything that produced this POS can't be good.

The judge is basically saying if you went to a good school you can't commit a crime. It's just such an idiotic position to espouse. This story is getting crazy press right now. I dont see how the NY legislature doesn't get involved.

 

[TheVrolok]

You mean my DEEPLY OPPRESSED South American immigrant wife that is being held down by the system ?

Just fine actually

Oh shit. We actually have something in common. where's your wife from?

 

[s0me0nesmind1]

Oh shit. We actually have something in common. where's your wife from?

Brazil. Been down there to visit with my in laws a few times now.

Nice place until you get held up by some cheery folks in face masks and AK-47s heh.

 

[TheVrolok]

Brazil. Been down there to visit with my in laws a few times now.

Nice place until you get held up by some cheery folks in face masks and AK-47s heh.

Indeed. The third world is like that unfortunately.

Must have enjoyed the game last night. I fell asleep at half time (.. and because it's soccer).

 

[Brainonska511]

This story is getting crazy press right now. I dont see how the NY legislature doesn't get involved.

That's because it was in NJ

 

[Greenman]

Just heard the entire story on the radio. I missed that the girl in question was passed out. So yeah, you fellows were right on the mark. It was outright rape, and he needs to be in jail.

 

[s0me0nesmind1]

Thought this was relevant and gives a good perspective of things - Can't say I disagree with any of the facts or general conclusion.

 

[dawp]

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.

someone who is passed out can not give consent.

 

[FirNaTine]

Back to the original topic, I think the only time leniency should come in with sexual assault is if there is a significant doubt as to their full mental ability to understand the criminality of their actions. As in if you have a moderate mental disability and might have had trouble understanding the "wrongness" of their actions. Say you need an IQ of 70 to be considered to be competent to stand trial and they come in at 70-79 range. Yes they meet the minimum, but barely. And prison probably is not the best environment to send a borderline mentally disabled person. I would offer a similar caveat to mental illness, if the person barely meets the criteria for criminal responsibility. I believe that might be an appropriate reason to push for more "help" and less "time."

In this case evidence has been presented to the opposite at least in intelligence, and while his conduct might be a budding personality disorder, it appears that he understood what he was doing was wrong. So, try as adult and sentence appropriately....

 

[sandorski]

If Dude was just some kid who was Making Out with some Chick and they were going to have Sex then she passed out and Dude made the stupid choice to carry on anyway.....maybe the Judge makes a point. From what I heard, Dude is quite possibly a Psychopath that the Judge is trying his damnedest to release back into the Population where one day Dude will become a Drug Company CEO or Supreme Court Justice.

 

[HomerJS]

We all know what "good family" means. They get leniency in the CJS

 

[ch33zw1z]

https://www.nytimes.com/2019/07/17/nyregion/judge-james-troiano-resigning.html

Judge is gone.

 

[DrDoug]

This part of the article caught my eye:

Last week, the state’s top public defender came to the defense of Judges Troiano and Silva, issuing a rare public statement expressing concern on the impact the criticism of the judges could have on the judicial process.

“Vilifying or seeking the removal of judges who make unpopular or even erroneous decisions threatens the independence of the judiciary,” said Joseph Krakora, the top public defender for New Jersey. “Judges are simply lawyers entrusted with the responsibility of deciding difficult cases. Litigants sometimes feel that their decisions are incorrect or unfair. That is why we have appellate courts.”

My first thought was "and this is the fucker that the poor are supposed to depend on for a defense, kissing up to the court". Then I remembered my younger days partying with friends and one specific friend, the son of the county district attorney (Spokane). A friend of ours was in some deep shit with the courts (drugs) and he had to go with a public defender. When I told the D.A.'s son that our friend thought the PD was a good one, he laughed and said that a lot of public defenders kiss the D.A.'s ass and help him win cases in hopes of getting a spot in his office. That it was that, open a private practice with no experience or get lucky and fall into a law firm. Most preferred to play the game and serve up meat to the D.A. in hopes of hitting Easy Career Street.

It that's the opinion if N.J.'s "top public defender" then the rest of them must really suck balls too. Judges balls.

 

[glenn1]

Honestly what the hell are you even babbling about now? The idea that every person who commits an offense should get the exact same punishment is how we got our insane three strikes laws where people go to prison for life for stealing a pack of cigarettes.

I'm kind of amazed that this sort of common sense even needs to be explained.

Glenn is narrowing this to rape only from what I can see from the exchange. Many people see rape as rape even to the point of considering statutory rape (of female teacher and male student) the same, so he's suggesting why not get rid of the discretion for these cases.

Thank you @Maxima1 for understanding and restating my point. If we limit ourselves to discretion in rape cases/sentencing only (and don't try to boil the ocean with considering discretion for all of criminal law), I would like @fskimospy to provide examples of when he thinks discretion in trial motions or sentencing is appropriate in rape/sexual assault cases. Surely he has some use cases for rape leniency in mind else he wouldn't be complaining about how we evidently need nuance and flexibility within a single type of crime like rape. As I suggested, perhaps he thinks if the rapist comes from a culture where rape is more acceptable we need to provide them leniency via discretion for diversity reasons? Surely he can provide a quick summary of his thoughts on exactly when leniency is appropriate in rape cases.

 

[fskimospy]

Thank you @Maxima1 for understanding and restating my point. If we limit ourselves to discretion in rape cases/sentencing only (and don't try to boil the ocean with considering discretion for all of criminal law), I would like @fskimospy to provide examples of when he thinks discretion in trial motions or sentencing is appropriate in rape/sexual assault cases. Surely he has some use cases for rape leniency in mind else he wouldn't be complaining about how we evidently need nuance and flexibility within a single type of crime like rape. As I suggested, perhaps he thinks if the rapist comes from a culture where rape is more acceptable we need to provide them leniency via discretion for diversity reasons? Surely he can provide a quick summary of his thoughts on exactly when leniency is appropriate in rape cases.

So to be clear you are arguing only for the elimination of judicial discretion in cases of rape, while keeping it for all other crimes?

I can’t believe I actually need to explain this but it is extremely easy to support judicial discretion while criticizing some aspects of it. I’m sure you would like me to invent examples for you to attack but I’m not going to do you’re going to have to live with disappointment.