Posted on 05/05/2014 5:42:51 PM PDT by nickcarraway
State District Judge Jeanine Howard of Dallas has removed herself from a controversial rape case after questioning the victim's innocence and sentencing the admitted rapist to community service at a rape crisis center. Yes, really. Howard voluntary recused herself following an interview with the Dallas Morning News last week, in which she said the girl, 14 at the time, "wasn't the victim she claimed to be," and the attacker, then 18, "is not your typical sex offender."
The judge, a Democrat running unopposed for reelection in the fall, cited medical records that showed the girl's past sexual activity and that she'd had a child. There were also texts between the victim and Sir Young, now 20, consenting to sex but not at school; both testified that she said "no" and "stop" before and during the attack in a music practice room on campus.
Howard used her broad powers and reputation for "creative sentencing approaches" to give Young 45 days in jail, five years of probation (including spending every anniversary of the rape in jail for those five years), and 250 hours of community service at the Dallas Area Rape Crisis Center. Unsurprisingly, the center said no thanks and that part of the punishment is being reconsidered. Young faced up to 20 years in prison after pleading guilty to the rape his lawyer admits happened but cast dismissively as just "two kids messing around at school."
"There are rape cases that deserve life. There are rape cases that deserve 20 years. Every now and then you have one of those that deserve probation. This is one of those and I stand by it," said Howard in the interview that made the case national news. She also insisted, "I will always do the right thing."
The victim, on the other hand, concluded, "It would have been better for me not to say anything."
The Democrats’ War on Women.
I’m so glad the adult are in charge /s
I would have assumed from the ridiculously light sentence that the victim was black. The racism which permeates our judicial system has nothing to do with the race of the defendant and everything to do with the race of the victim. Those who commit crimes against blacks regardless of their race are far less likely to receive maximum punishments as those who commit crimes against whites.
I think this really sucks, but no one ever addresses it. Instead, they make up for it by letting OJ go free.
You will note that in this case the age differential is four years, not three and I did stipulate that the amount of difference mattered.
It also matters if the guy knew.
If the girl looks older, initiates things, and age never comes up that is a mitigating factor.
This was a prolonged fling and he knew how old she was. So again those hypotheticals don’t apply. He is eighteen banging a fourteen year old. No excuse.
But she also said yes. She drew the line at having sex at school, however. So this was not about sex (as Bill Clinton might say), but just about the location. Does that warrant a life sentence?
There are women in bed who suddenly say no.
No means no according to feminists.
Also explain how this case is any different than rape within a marriage. What is consent when there is prior established sexual history?
What is statutory rape?
Agreed.
This was a prolonged fling and he knew how old she was. So again those hypotheticals don’t apply. He is eighteen banging a fourteen year old. No excuse.
My statement didn’t pertain to this case in particular. I was just pointing out that there are facts / issues that need to be taken into account on these types of cases. You are correct in that the 4 year difference is significant on this case in the state of Texas with minors in regard to being able to file aggravated sexual assault or not.
“I would have to have more info before I came down on either side of the case.”
Let me help you. Most state’s statutory rape laws make NO REFERENCE TO WHETHER OR NOT THE FEMALE WAS A WILLING PARTICIPANT! If she’s under 18, by definition, sex with anyone over the age of 18 is STATUTORY RAPE! There simply isn’t any room for a judge to make any value judgments about whether the underage female consented or not. She does not have the legal ability to consent. The judge should be removed from office for cause.
“If you punish rape with the death penalty, why ever leave a victim alive?”
You make an excellent point.
On the other hand, if you don’t punish rape with the death penalty, are you really serious about it?
“Those who commit crimes against blacks regardless of their race are far less likely to receive maximum punishments as those who commit crimes against whites.”
Could there be an explanation for that, other than racism?
It is the bigotry of low expectations.
Don't go confusing the issue.
This is a child we're talking about. Pedophilia. Get the terminally morally outraged going and you can throw common sense and reason out the door.
I think mine's bettah. Machete Masta Gatmasta
“It is the bigotry of low expectations.”
It seems certain that this is a factor.
But what if some sizeable portion of these crimes really don’t warrant the maximum sentence? For instance, would you be more likely to give the maximum sentence to someone who robbed and killed a solid citizen, of any race, or to a crack dealer who shot another crack dealer in a transaction gone bad?
Sure, yeah, a life is a life, but there is a difference between killing someone like, say, Walter Williams, and killing a career violent criminal: drug dealer, murderer, and pimp.
Ambivalent here about this case.....leaning to lessser......but I bet Freepers are ripping limbs off on this one
Yall have fun
It's anti-Christian, deeply sad and quite disturbing. And yet, it goes largely unchallenged.
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