A judge gave a rapist a lighter sentence because the victim did not make a big enough effort to avoid the rape.
The rapist was convicted of raping, forcible oral copulation, domestic battery and stalking her.
But the judge felt there would have been more damage if she had made a greater effort to resist. So he gave the rapist a lighter sentence of 6 year in prison instead of 16 years. Here is the link:
LinkDo you think a rapist should be given a lighter sentence if the woman does not resist enough?
The rapist was convicted of raping, forcible oral copulation, domestic battery and stalking her.But the judge felt there would have been more damage if she had made a greater effort to resist. So he gave the rapist a lighter sentence of 6 year in prison instead of 16 years. Here is the link: LinkDo you think a rapist should be given a lighter sentence if the woman does not resist enough?
Comments (55)
I have never heard of that. How ridiculous. I hope her lawyer appeals the decision to try for a heavier sentance. Rape is rape.
That’s appalling.
Stupid gonna stup
Yeah, that’s fucked up.
Some women react to fear differently. Some would fight with all they got, and others may just freeze up due to the intensity of the situation at hand. Regardless of the level of resistance shown, if it was not consensual, it is still rape. The perpetrator needs to be punished to the full extent by law.
oh my godddddddddddddddd i can’t even use words!!!!!!! OH MY GOD are men really that completely clueless?!?!? why would you ever lighten a sentence for this???? what good would that possibly do???
This judge shouldn’t be a judge and anyone who appears before him past, present and future now has a valid argument against his ability to use sane judgement.
I think there’s going to be a vacancy in the judicial office as soon as someone reloads.
I would not resist anyone with their teeth near my clit. Someone should behead the judge.
A judge who sympathizes with a rapist is questionable to me. We sympathize with those we having something in common with.
NO WAY IN HELL.
My rapist drugged me and raped me as I went in and out of consciousness. My health- both physically and mentally- were at stake, and yet I could not have fought him off. I could barely keep my eyes open.
I hope this judge gets the book thrown at him for being so insensitive and short sighted. What a disgrace.
rape is rape no matter how it happens.
This is awful!
Damn you, Dan, you always get me with your rape posts.
Pardon my language…
But what the fuck is this shit?
I swear…
Well, the rest of what I have to say isn’t really… I just…. Yeah, probably best to just keep it to myself.
But, he can go to hell. What a fucking idiot!
*raises hand* totes should be studying for international law final in 12 hours but i will chime in as i just finished taking a final on sexual assault/domestic violence law about a week ago.
as some people have already commented, people react to rape differently. some resist but many are afraid that they’ll be harmed even further, killed, kidnapped, or are scared any of the above will happen to their loved ones (i.e. the rapist is raping you on the couch and your kid is in the next room) if they resist the rape.
and as the article said, resistance is not required to prove rape. so i have no idea what was going through this judge’s head when giving his opinion. ca’s legal commission is right to chew him out.
that’s cray cray.
I think, more and more I could be a judge these days. Apparently it doesn’t really require any kind of education whatsoever.
stoooooopid
I wonder if he would have felt the same way if it had been his daughter?
I hope he gets his ass handed to him by other offenders in prison. Prick of a person, prick of a judge.
Right, so the judge can account for every instance where she SHOULD and COULD have struggled more. Not every struggle results with obvious evidence left behind. Moron (the judge that is).
@nollantokki - Your comment about how different victims react was EXACTLY what came to mind. The image Dan used in his post made me think of the different circumstances she might face. Perhaps she didn’t have the physical strength or was caught off guard (I haven’t read the article). Maybe she has a personal struggle to do ANYTHING in a serious fight-or-flight matter – many people do in simple verbal confrontations. I think you’re insight is spot on.
@TrueBritt - I pray you’ve been able to find as much healing for your heart since that event. I know saying “I’m sorry” doesn’t make it all better, but my heart goes out to you. I get personally furious whenever I hear of a fellow man (more in regard to gender than character) abuses any woman. It’s beyond simply not being right, it goes absolutely contradictory to what a man ought to be. A woman is meant to be cherished…and the thought of you not being cherished or respected pisses me off deeply. I will remember you in my prayers lest the pain wells up again. As a member of the male gender, you have my deepest apologies.
Lol! Megabyyte swears! I agree!
You forgot to quote the judge!
“If someone doesn’t want to have sexual intercourse, the body shuts down.”
The judge was a complete fool. Out of touch with what goes on in the world and stupidly insensitive towards the victim.
Fuck alll of this.
It should be interesting to see his level of resistance in the prison showers. And if the guards and warden think the same way the judge does.
@Baseballchik138 - Just like you cant get pregnant through rape because your body doesn’t allow it -_- Smh.. I dont understand people sometimes…. :/
I sincerely hope the victim sues that judge! And I too agree with.@Megabyyte.
seems to me if it was oral he forced on her biting would have been a good option. I would think a bleeding penis would deter that sort of thing.
It wasn’t that long ago that women were taught that they should be passive when faced with rape. The logic was that to struggle and fight back would only anger the rapist more and murder would then likely follow the rape. Thankfully, we’re a bit more enlightened now, but I have to wonder if this myth is still being perpetuated. Of course, your readers have already mentioned alternative reasons for not fighting back–she simply couldn’t or didn’t know how to resist. Sadly also, as this judge demonstrates, there persists the myth, that rape is somehow the woman’s (at least partially anyway) fault. I wonder if the victim had been male, would the judge have done the same. Or would the story have hit the news at all?
this type of ignorant thinking on the judges part is a huge factor into why so many rape victims remain silent. “If someone doesn’t want to have sexual intercourse, the body shuts down” bullshit. is there suddenly a secret penis proof door that can be pulled down over the hole? or maybe all women secretly have vagina-dentata that only manifests in emergency situations. yeah ladies, bite that fucker off! seriously, its the same as saying a man can’t be raped because if he didn’t want it he wouldn’t get hard. sometimes physiological reactions have no bearing on someone’s mental and emotional state.
@Rhindon - thank you much. That was 18 long years ago and it taught me a lot. My heart and mind have finally healed and I am able to fully love and trust again. I am grateful there are kind people like you who are upset to hear about this happening. That is the right reaction. What is wrong is anyone sympathizing with people who take things that aren’t theirs- specifically a woman’s love, trust, and innocence.I’ll never understand why some people still look down on women- like this judge. Take care & thanks again
maybe the judge is a rapist himself? is he really mentally healthy? normal people react like “uuugh how awful!!!”
that’s bull crap.
this is actually not surprising to me, I’m a first year law student and we learned about how in different jurisdictions, there must have been some act by the victim to fight off the rapist and that a simple ‘no’ wouldn’t suffice. I think it’s ridiculous to put the burden on the female of having to prove that she attempted to fight him off, females are generally smaller than men and weaker in strength. Why would a female even attempt to fight a rapist off if she knew it was useless and that doing so might anger the rapist more? I know that that the requirement proves she really resisted but this is pushing the limit too far… words should be enough.
Wow, this is absurd. I wonder if the judge has daughters? I sure would like to understand his way of thinking but I have more important things to attend to.
The judge should fired.
@charrlaa - oh dear God….people are unbelievable.
As for the original post, I finally decided to say something b/c I am tired of seeing it timestamped. When I was in group, one of the women went to trial, the perpetrator was found not guilty because “Why did it take her so long to say something?”. She was being brutally raped by one of her relatives from the time that she was 8 (so yes it was on-going and stopped when she told at 18) and they wanted to know why she didn’t say anything. He didn’t even get a slap on the wrist. She just didn’t have it in her to continue to fight and I don’t blame her. This happens more often than people may realize.
@defect__x - I agree completely.
The judge wouldn’t be saying that if he were her or any woman in that horrific experience. Unfortunately, men are stronger than women (and even if it was a same-sex assault; A man being assaulted by another man? Facts are facts: One person will always be stronger. The man may be able to fight against his male attacker. Then again: He may not). Even if she had resisted him with stronger force, it wouldn’t have lasted for very long. And that may have resulted in even more injuries. So basically the judge’s saying: “Fight until you die, or the sentence will be lessened.”
What a bunch of *expletives,* *expletives,* *expletives!*
The judicial system fails again.
All this to say that: “Of course the sentence shouldn’t be lightened!”
I took a self-defense course and there is a point where they say that if it’s too dangerous to resist (i.e. attackers have weapons), just “survive the situation” meaning you know they’re going to rape you, and then you go the hospital and cops and get their asses in jail.
This is appalling.
I was raped two times one, I was drugged (unless you can tell me how vodka gives a hangover that lasts 3 weeks) and one I was backed on a two story high balcony by a 350lb + man. I couldn’t see past his stomach and wouldn’t have been able to defend myself. So, that isn’t legit rape? When bigger men get more physical with me, my body paralyzes.. It is trauma from being abused for almost 2 years by a guy who was 250lbs. There are different ways people respond and when you’re dealing with guys who are over 100lbs bigger, fighting is not always an option.
Somebody should bend that judge over a barrel and see if his body shuts down.
i only have one thong to…type i guess: and we wonder why the world is gonna end at some point…when rape is not considered bad enough for more prison time because “she didn’t fight back hard enough” then we are beyond repair…..*lowers head in shame*
Hmm, I guess if you just keep your legs shut and follow what the Bible says you will be fine. Marriage is a safe place to experience sexual relationships, outside of that is not.
Safety is not just physical. When you give everything to some guy who is just going to dump you a month or a year down the road then you have nothing special left for the person who commits to you for the rest of his life. This is what marriage is a commitment for LIFE. That is so you are sure that in your good and in your bad you will be loved. To find a guy and get to the point that he is date raping you means that you are in a position you should not be in.
The post says there was oral copulation. That means he came in her mouth. I’m sorry, but if I was actually being raped and the penis was in my mouth .. well you know what to do.
@TrueBritt - I don’t understand why people ever think to blame the victim, either. Some people DO do stupid things and set themselves up for bad situations, but it still takes another to actually commit the crime. (I’m not saying that’s YOUR case. Just generally, rape or not.) I’m very glad to hear you’re doing well. I hope you find God’s hand has been guarding you all this time, too.
sick judges… seems like he has issues
i have one thing to say to this: ALL NON CONSENSUAL SEX IS RAPE.
@Brian_Jeremiah - some guys like that…
@ANVRSADDAY - no no, dont fire him. have him raped. then tell him that his rapist wont go to prison for the full amount of time because he always could have fought harder.
Now if she had been packing a .38 things might have been different.
What constitutes “enough”? In some people’s minds, anything short of kicking the guy’s ass won’t be enough, and how many women being raped are actually going to be able to do that?
A person who has been raped or abused goes through enough hell, both from the experience and what goes on in their own heads afterwards. They don’t need some clueless jerk saying it’s their fault for not fighting hard enough.
this infuriates me. as a survivor of rape (i was 17), this is horrible to read. i will never understand how this society can be so nonchalant about such a destructive crime.