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Teen rape victim blasts lenient judge: Confessed attacker got probation (Hooray for Massachusetts)
Boston Herald | Tuesday, February 19, 2002 | Franci Richardson

Posted on 02/19/2002 4:24:16 AM PST by Lance Romance

Teen rape victim blasts lenient judge: Confessed attacker got probation

by Franci Richardson
Tuesday, February 19, 2002

A 14-year-old rape victim yesterday lashed out at a lenient New Bedford Superior Court judge, calling the jurist ``an idiot'' after he sentenced her confessed assailant to probation two weeks ago.

``Now I have to look over my shoulder for the rest of my life,'' said the nervous high school freshman, who spoke on condition of anonymity, at a press conference her mother arranged in the backyard of her Mansfield home.

``I'm not the only one out there afraid. Other victims are going through the same thing I am because Judge (Ernest B.) Murphy chose to free their attackers, too. Judge Murphy made me feel that I was guilty and that Dean (McSweeney) was the victim.''

Murphy has come under heavy fire by law enforcement officials for imposing light sentences on a slew of violent criminals, including Dean McSweeney, 19, who received eight years probation after confessing to twice raping the Mansfield girl in her home last summer.

Murphy, a civil attorney appointed in 2000 to the superior court bench by former Gov. Paul Cellucci, also sentenced a convicted armed robber to five years' probation after he assaulted a 72-year-old sausage vendor and stole $1,100, and a Brockton man to five years' probation after he pleaded guilty to assault and battery with a dangerous weapon and armed robbery.

Murphy has also released four accused rapists without bail, pending their trial, including one man who police tracked for 18 months before finding him in Louisiana.

After McSweeney's controversial sentence, Murphy chastized the young girl for wanting a harsher sentence on her attacker.

``She can't go through life as a victim,'' Murphy told a prosecutor, according to courthouse sources. ``She's 14. She got raped. Tell her to get over it.''

The young victim maintained her composure yesterday as she responded to his comments.

``After he knew everything that had gone on, he said that and I thought it was really disrespectful of him,'' she said. ``Dean walked out of the courtroom a free man. I will never be free. This will follow me for the rest of my life and I will always be a victim.''

When someone asked her for a word to describe Murphy, she said, ``an idiot,'' echoing earlier comments by her adopted mother.

The girl's mother, Teri Taylor, last week filed a complaint against Murphy with the Judicial Conduct Commission, seeking to oust him from the bench.

``The more I read, the more I realized this guy's an idiot and needs to get down off . . . that bench,'' Taylor said earlier in the press conference. ``I feel sorry for all the rest of the victims that are going to come into his court.''

On Friday, Judge Suzanne DelVecchio, the head of the state's superior courts, said she wouldn't remove Murphy. Instead, she wants him to attend a ``judge rookie school.''

Murphy's attorney, J. Owen Todd, didn't return a call yesterday.

The young girl, with her hair in a pony tail and wearing heavy eyeliner and jeans, said she has not been able to live a normal life since the rape.

She didn't attend the final tryout to be a varsity cheerleader, which she described as being her ``life.''

She doesn't trust anyone except her family and friends and she finds it difficult to sleep at night.

``Every time I close my eyes, I see everything that happened all over again,'' she said. ``I (used to) have nightmares about him killing me in the courtroom.''

Taylor said about four days ago, she called McSweeney's probation officer to report him for yelling profanities out of his car window while driving by her son's employer.

``He's been warned to stop,'' Taylor said. ``He got slapped again.''



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To: Lance Romance
Actually, I have a perfect solution to the judge. However, it would violate posting guidelines rather badly, so I best not continue.
61 posted on 02/20/2002 12:36:40 PM PST by neutrino
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To: Lance Romance
No doubt the only offense this idiot would sentence harshly is owning/carrying a gun without proper approvals from the state of Taxachussetts. I'm sure he would throw the book at anyone who had the audacity to use a gun for self-defense.
62 posted on 02/20/2002 12:45:23 PM PST by VRWCmember
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To: cactmh
Well- that is wrong. It is not. Our judges are not popularly elected and it is a source of constant popular outrage as this case is. There was an even worse case last year when a female judge gave a transexual who attempted to rape a 12 year old boy at knife point "house arrest" and then berated and threatened to jail the prosecutor (and they are popularly elected) for complaining. Massachusetts is one of only three states that gives it's judges life tenure and it is nearely impossible to get rid of even the most incompetent/abusive judge under the current system. But fear not - Senate President Finnernan is threatening to introduce legislation to make our judges stand for election (and he did so even before this latest outrage). Of course the Globe and the rest of the media are opposed to that idea!
63 posted on 02/20/2002 3:54:47 PM PST by Burkeman1
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To: Burkeman1
Well, I certainly hope you guys can do something to temper the unbelievably idiotic politicians that you have in New England, especially Massachusetts.
64 posted on 02/20/2002 5:46:08 PM PST by cactmh
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To: Texbob
Actually just sending him to jail long enough for him to get raped would probably do the trick. Then when he complains about the horror of being raped by some thug, we can just tell him to "get over it".
65 posted on 02/20/2002 5:54:10 PM PST by GovernmentShrinker
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To: BJungNan
The judge is the one who convicted this guy of rape, not us. We're taking his word for it.
66 posted on 02/20/2002 5:58:06 PM PST by GovernmentShrinker
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To: Lance Romance
""On Friday, Judge Suzanne DelVecchio, the head of the state's superior courts, said she wouldn't remove Murphy. Instead, she wants him to attend a ``judge rookie school.''""

JUDGE SCHOOL??
67 posted on 02/20/2002 6:14:37 PM PST by 1 FELLOW FREEPER
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To: Lance Romance
The young girl, with her hair in a pony tail and wearing heavy eyeliner and jeans, said she has not been able to live a normal life since the rape. She didn't attend the final tryout to be a varsity cheerleader, which she described as being her ``life.''

These comments struck me the wrong way. What does the heaviness of her eyeliner have to do with anything? Seems to me the writer is trying to make her out to be loose or a tramp who deserved it, and/or an airheaded cheerleader. I thought the days were over when the clothing, makeup and personal life of a rape victim was relevant.

68 posted on 02/20/2002 6:21:19 PM PST by Nea Wood
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To: GovernmentShrinker
The judge is the one who convicted this guy of rape, not us. We're taking his word for it.

No, no, no. That is not what the discussion is about. We are trying to figure out (or at least I am) whether or not this 19-year-old kid's sentence was to light. Apparantly people are suggesting the judge should be reprimanded for not handing down a tougher sentence.

At this point I should give up. I thought this was a place where we could get some facts but it seems everyone wants to blabber on about how awful this or that is when they don't even know what this or that is. Not that I mean you are blabbering. I just want to know if any one knows what the circumstances were that is being called rape in this case. Best Regards.

69 posted on 02/20/2002 6:52:29 PM PST by BJungNan
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To: BJungNan
The point is that if the judge had found that the rape was "consensual", the conviction would have been for statutory rape, not ordinary rape. Hence we can deduce from the nature of the conviction that, based on the evidence presented at trial, the rape was found to be non-consensual. And yes, probation is too light a sentence for forcible rape.
70 posted on 02/20/2002 6:57:34 PM PST by GovernmentShrinker
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To: GovernmentShrinker
The point is that if the judge had found that the rape was "consensual", the conviction would have been for statutory rape, not ordinary rape. Hence we can deduce from the nature of the conviction that, based on the evidence presented at trial, the rape was found to be non-consensual. And yes, probation is too light a sentence for forcible rape.

I might be inclined to agree with you on this except that it gives way too much credit to the reporter. Did the reporter understand the distinction that you have correctly identified or to them is a rape is a rape is rape.

Actually, in this day of rampant advocacy journalism, it is quite possible the report new the difference but purposefully blurred the distinction to surpress any sympathy are reader might have for the 19-year-old boy if it was indeed consensual - presuming the repoter is sypathetic to women's issues and the notion that 2/3 of all women have been raped in their life.

So, I agree with you but still am not satisfied we can draw the proper conclusion from the information given.

71 posted on 02/20/2002 10:12:31 PM PST by BJungNan
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To: BJungNan
Apparently, there is some facet of statutory rape that you don't understand. I suppose you would like to blame all the children who repeatedly get molested by priests as well. After all, they didn't resist the multiple sexual advances.
72 posted on 02/21/2002 4:51:52 AM PST by Lance Romance
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To: Lance Romance
"`She can't go through life as a victim,'' Murphy told a prosecutor, according to courthouse sources. ``She's 14. She got raped. Tell her to get over it.'' "

Perhaps a very large fellow named "Bruce the Butt Banger" should pay the good jurist a visit and explain homosexual rape to him in a graphic fashion! Maybe then he would understand the law!

If I was that young girls father, the judge and I would have a conference away from the bench!

73 posted on 02/21/2002 4:59:02 AM PST by lawdude
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To: BJungNan
Hi again. I think you are ignoring an important detail. The judge and jury have already decided it was rape. RAPE.

Whether she was compliant or not (and it does not sound as though she was) she is 14 years old, and he is legally an adult. That is rape. That is the law.

You ask for more information on the circumstances, but truly, what more detail do you need? Are some rapes more okay than others and justify such a lenient "sentence"?

74 posted on 02/21/2002 5:08:05 AM PST by PoorRider
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To: Lance Romance
Apparently, there is some facet of statutory rape that you don't understand. I suppose you would like to blame all the children who repeatedly get molested by priests as well. After all, they didn't resist the multiple sexual advances.

Don't be rediculas and don't assign positions to me that I do not hold and have not stated. Unless you found information in the story that I have not seen, it has not been determined in this thread that it was, as you say, statutory rape.

Stay on topic. We are trying to ascertain from the information provide - or another source if someone has it - what the circumstances of the rape were and then determine if the light sentence was appropriate. That is after all, the gist of the story, that the judge was "stupid" for handing down such a light sentence.

75 posted on 02/21/2002 7:56:38 AM PST by BJungNan
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To: PoorRider
You ask for more information on the circumstances, but truly, what more detail do you need? Are some rapes more okay than others and justify such a lenient "sentence"?

Certainly a 19-year-old should not be having sex with a 14-year-old. That out of the way, yes, some forms of rape are more egregious than others. As to what more detail I need, it is hard to make a determination about the appropriateness of the sentence if we don't know the circumstances.

76 posted on 02/21/2002 8:04:48 AM PST by BJungNan
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To: BJungNan
Perhaps you could lay out a case, where a 19 year old rapes a minor, that you think probation is an appropriate. I certainly can't do it.
77 posted on 02/21/2002 8:12:35 AM PST by Lance Romance
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To: Texbob
No, they just need to sentence him to two days in the same cell as Big Bubba and let him see what it's like to be abused, humiliated & sexually assaulted by some maniac. But then again he may get off on it, which may be why he so lenient on these thugs. Either way this judge deserves an @ss reaming of some sorts.
78 posted on 02/21/2002 8:12:37 AM PST by HELLRAISER II
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To: Lance Romance
``She can't go through life as a victim,'' Murphy told a prosecutor, according to courthouse sources. ``She's 14. She got raped. Tell her to get over it.''

If this guy ever gets 'done' by some perv, I'll be curious to see if he'll be quite as cavalier about the subject!

79 posted on 02/21/2002 8:15:32 AM PST by SuziQ
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To: BJungNan
Missing from the article is an account of what took place, what the defendent confessed to. With the wide definition of rape these days, this is pertinant information to the story.

It's certainly true that some people have ridiculously broad definitions of rape. However, if this only fit one of the more questionable definitions, I doubt the guy would have admitted to raping her. And I don't think the girl would have been as angry and traumatized as she seems to have been if it was just statutory rape.

80 posted on 02/21/2002 8:29:13 AM PST by murdoog
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