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 ...
Well, she sort of did consent, pending payment. IMHO, the judge should've gone with rape charges against all four, then added the theft of services charges against the two who said they'd pay. That way, if a jury bought the consent argument, those two guys would still be on the hook for the lesser charge.
Perhaps one of our FR legal eagles can explain whether *illegal* services can, in fact, be stolen.
Stupid post. You obviously don’t know what rape is. Rape is a brutal crime of violence, not of lust. These guys are animals.
I’ve said enough.
___________
Yes, yes you have. Enough to paint yourself in a very unflattering light.
We have had this kind of discussion on FR before. You are certainly not alone in believing that a prostitute cannot be raped. Comparing this to someone refusing to pay the guy for cleaning your rain gutters (theft of services) is just ice cold, IMO.
you are not looking at this in context.
It seems like it was a VERY VERY weak rape case. Pathetically so. In fact it is still a weak robbery case because “theft” does not apply to illegal deeds. (like trying to collect in court on loansharking or illegal gambling)
Remember folks Nifong is NOT the exception he is the rule.
The forcible insertion of a penis or foreign object into another person’s vagina, mouth, or anus for sexual gratification, accomplished against the will of the person is RAPE! It is not theft of services.
Thank you. Someone with common sense!
The key question here is, did she consent. And the answer is "no."
Re: you are not looking at this in context.
So I need to look at a GANG RAPE with a gun held to her head in context?
I see.
Re: Nifong is NOT the exception he is the rule.
You have hard evidence to back this up?
Didn’t think so.
“The forcible insertion of a penis or foreign object into another person’s vagina, mouth, or anus for sexual gratification, accomplished against the will of the person is RAPE! It is not theft of services.”
How about if it had been agreed upon, bought and paid for and halfway into it the hooker changes her mind....rape also?
NO, it's rape. It's an extremely physical act where one is usually punched in the face multiple times, and physically restrained using force. You're bloodied, bruised and traumatized when you are raped. Whore or not, just because it "happens all the time" doens't make it any less wrong.
Everyone involved in this sordid despicable affair should be prosecuted and sent to jail. Although I do feel sorry for her lack of income, and the fear and humiliation she suffered, I believe she placed herself in that position and should be held culpable.
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.
Well then, why limit your view to prostitutes? Let's say that the tractor repairman offers to repair a tractor, and the four men pull a gun on him and sodomize him instead. It's just theft of services because he was offering something for sale, it just wasn't sex though.
No, I am not sure of your point. Many Church going people inflict much greater harm than a street walking prostitute.
“The key question here is, did she consent. And the answer is “no.”
Ok, so if she had consented to the four at 150.00/apiece and then they pulled the gun and had sex for free then it would have been robbery?
Certain amount of exactitude needed her. Placed herself in what position?
No because the lawn mower repairman does not routinely offer up “sodomy” on his bill-o-fair.
No, you are still one of the bottom-of-the-barrel posters here.
Thankfully most recognize your Stone Age thinking for what it is.
You should be embarassed, but IMO are not intelligent enough to be so.
I don't know.
Based on your personal knowledge of how many hookers?
“Based on your personal knowledge of how many hookers?”
grow up.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.