Posted on 11/01/2007 5:07:20 AM PDT by Red in Blue PA
In a rare rebuke, the city's bar association condemned a judge who dismissed rape charges in the alleged gang rape of a prostitute and instead called it a theft of services.
The prostitute admitted going to a home on Sept. 20 to have paid sex with a customer but said she was instead gang-raped by four men, including the customer, while he fixed a gun on her.
Municipal Judge Teresa Carr Deni dropped the rape and sexual-assault charges at an Oct. 4 preliminary hearing, but upheld robbery, false imprisonment and conspiracy charges against Dominique Gindraw.
Deni has since heightened the furor in defending her decision to a newspaper.
''She consented and she didn't get paid,'' Deni told the Philadelphia Daily News. ''I thought it was a robbery.''
(Excerpt) Read more at mcall.com ...
I see we have two juvenile minds in here.
That is where I was trying to go with it too, but I missed it a little. If prostitution were legal, then some would consider a rape not to be such a bad thing. The victims would not only include prostitutes, and women who were “easy,” but also women who would prefer not to have sex forced on them. But to those who think this way, how about if the victims were infected with an incurable sexual disease? And what if the victims were male?
That's rape and assault in addition to robbery. If the judge can't see that, she shouldn't be a judge.
LOL, if the hall mark of being an adult is behaving like a callous ass, then yeah, I guess I’m being immature.
Here’s a tip: going against the current doesn’t always make you look cool. It sure as hell doesn’t automatically make you right. You aren’t just going against common sense, but decades (nay, centuries) of legal rulings, not to mention simple human decency.
Most prostitutes don’t choose that business, as if they were some greasy-haired, Hollister-shirt-wearing frat kid who chose to go to work at his dad’s car dealership once he got out of college. Most prostitutes become prostitutes because they were put through hell sometime in their early life, but don’t let that stand in the way of your “OMG look at me being an unemotional non-PC tough guy” nonsense.
I am duly rebuked and repent. I am going out now to pick up some ashes and sack cloth.
If she met the first man and agreed to have sex with him for money and then he subsequently didn't pay her, it was really a breach of contract. Certainly not rape.
If she agreed to have sex with the first two men for money and they subsequently didn't pay, it would be the same.
If she agreed to have sex with one or both of the first two men for money, but before the act occured they said they wouldn't be paying her and then had sex with her anyway against her will, it is rape.
If the 3rd and 4th man showed up and came to a financial agreement but subsequently didn't pay, again it's breach of contract.
If the 3rd and 4th man arrived and had sex with her against her will it's rape.
If any crimes occured then all the other men who were present and were aware of it are accomplices unless they attempted to stop it.
I basically break it down like this, if her issue is that she was not paid for something that was agreed to the crime is breach of contract (or perhaps theft if that's how the laws in her state are written). If there was sex that happened but was NOT agreed to it was rape. Each of the men should have his actions assessed individually and he can only be held accountable for his actions and any crime that he was aware of.
I would also suggest changing ur handle to one that doesn’t evoke Brian Jacques, lol.
The article stated:
“The prostitute admitted going to a home on Sept. 20 to have paid sex with a customer but said she was instead gang-raped by four men, including the customer, while he fixed a gun on her.”
Sounds like robbery to me. Yep, perhaps an occupational hazard.
Congratulations on what could very well be the most moronic post of the year. You worked hard, but acheived greatness.
Now, the fact that you think the prostitute is to be held harmless, and I should be disparaged for disagreeing with you, paints YOU in a very unflattering light.
_______
I never suggested the prostitute be held harmless, and I think (as you have repeatedly stated on this thread) that we are all entitled to our opinion. I expressed mine in fairly benign words. I don’t think I said anything disparaging to you personally, maybe you feel differently.
I can’t speak for Red, but my take on the “Female Judge” in the headline was more shock that another female would fail to see this as rape, not as a judgement on all other females.
You raise an interesting point. What you say may be true in most jurisdictions now, but it's a legal novelty unique to modern Western culture that bubbled up in recent decades. It's an absurdity when you think about it, because marriage is a continuous process both parties have agreed to in advance. The financial support and physical protection a husband is obligated to provide is not an individual event, but an ongoing privilege and responsibility. The same applies to the unique conjugal rights—they have traditionally been regarded as rights—that a man and wife have to each other's person. Talking about "rape" in this context is like bringing trespassing charges against you for trying to move into an apartment you've rented.
If you read the tomes from the 1960s and thereafter on the then-new idea of "marital rape," you quickly discover that, as legal theory, it was designed to undercut the privacy, unique legal privileges, and binding nature of the marriage bond. Your example is a classic case of the hard case that makes bad law. The benefits of marriage are inseparable from its irrevocable, total nature, of two people who own each other. Those intent on the destruction of marriage realized this, and designed their doctirne accordingly.
If ANYONE agrees to ANYTHING, and that contract is changed or breached, the original contract DOES NOT APPLY!
This is GANG RAPE no matter how you try to change that fact.
That was also my take on the judge; sorry if that was not clear.
PROTIP: If you like your wife, never suggest this to her.
If FR has most moronic post of the year, I would like to second your nomination.
Re: The same applies to the unique conjugal rights—they have traditionally been regarded as rights—that a man and wife have to each other’s person. Talking about “rape” in this context is like bringing trespassing charges against you for trying to move into an apartment you’ve rented.
So IOW spousal rape is not possible in your opinion?
So many moronic posts.....so little time.
Yes, let’s look at this rationally.
If she is forced to have sex, it is rape.
Period.
Correct. Note, we're not talking about exotic threats or battery here. But just the marital act. And of course it's a given that husbands and wives accomodate each other from day to day as a matter of practicality and good-will. But underlying it all is that a real obligation has been conferred that binds in both directions. This was what the Leftist legal theorists have targeted. They want to dissociate sex from any unique connection to marriage. In the Catholic Church, on the other hand, if a marriage hasn't been consummated, it's not a valid marriage.
If you don't see sex as an exclusive right that married people have to each other, then, with apologies to Jeff Foxworthy, you might be a Leftist—without actually intending all the chaos that follows from that.
The way I was raised (born in the 1950’s, not some whippersnapper) sex is a consensual act between 2 people. Take away the consent, and you do not have sex, you have something else, namely, rape.
I wonder if you could provide any links to the criminologists you have read suggesting that rapists are the most psychologically normal in the prison population. By whose definition of psychologically normal?
If a man must use violence (as you say) as a means to get his rocks off, I’m just not seeing a psychologically normal human being. But that’s just me. Psychologically normal men ask a woman out for a date, and maybe that night, maybe down the road, they together choose to have sex. Again. that’s just me.
LOL, you aren’t married, are you.
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