The defendant can make appeals at several levels. Double jeopardy, though- The prosecution can only do so if there is something that invalidates the trial itself, and usually it’s up to the original judge to declare a mistrial.
The victim can still file a civil case, though.
When you find a girl passed out or blacked out behind a dumpster and you still have the capacity to form a two-fingered salute into her vagina, DON’T DO IT.
Stop, Jilly; you’re making WAY too much logical sense.
I’m beginning to lean towards the idea that rape should fall under the eye-for-an-eye philosophy of justice.
Part of the problem leading to ridiculously light sentences for sexual assault relates to the history of the law.
Before women’s emancipation, rape was treated primarily not as a crime against the victim, but as a crime against the man (father, husband) who “owned” her.
The harm addressed by the law wasn’t the woman’s trauma; it was the loss of value to the man who’d had “his” woman damaged. It was treated similarly to taking someone’s car for a joyride without permission.
The current system is broken. I suspect that we may need to rewrite the laws around sexual assault from the ground up.
Increasing the standard sentence for rape by a factor of ten or so would probably be a good place to start. On the scale of seriousness of offence, rape and murder should be fairly close to each other.
Isn’t the US prison system now based on, “What pays?”
talk about a slap on the wrist, this woman raped a dude in a parking lot and got a $50 fine…
ok, now I am trolling, but still…some people chose to have sex in the strangest places…
We were specifically discussing blackouts, bro… try to follow the thread.
Intoxication it usually pretty obvious, blackout drunks not always so easy to tell…
“During a blackout, you may function normally. People around you may not notice anything different about your behavior. You might do the things you normally do, such as eat dinner, wash dishes, or watch television. But later you have no memory of doing them.”
Most of the time, yes. But when it comes to blackout drunks it isn’t so clear cut. As someone who has known a blackout drunk, I can assure that it can be far from obvious, beforehand, just how drunk they are. They appear lucid and coherent and yet remember nothing the next day. Probably doesn’t apply in the Brock case if she was leaving unintelligible messages on her BFs voicemail. Is "Incapacitated Rape" Really Rape? | Psychology Today
The whole problems lies on the young people’s vulgar culture to be promiscuous and acting foolish. The t.v. shows nowadays have no accurate ratings and people are getting consumed by it without realizing that it’s all vulgar non-sense stuff. Some are too young to trying to act out what has been input to their brain. Can we change all this non-sense?
Yep, you can wait for them to grow up.
Young people doing stupid shit isn’t some brand new ‘millennial’ thing, it’s something that’s always happened.
If you never did anything slightly vulgar, promiscuous or foolish as a teenager then you’re either forgetting, lying, or incredibly boring.
Hey @Mkxxxxx7. Darn, that’s a lot of x’s. So your summary is “youth culture killed my dog” basically? Thanks for dropping by and sharing. Welcome to the BBS.
I’m confused by the whole thing. I’m really not fond of second guessing the judge, even less so of trying to recall a judge because society is unhappy that he wasn’t more vindictive in one case.
I don’t know the kid, but he’s taken a promising life and turned himself into a convicted felon who will be on the sex offender registry for the rest of his life. The judge seems to have decided that time in county jail rather than state prison is enough on top of that.
I’ll grant you, compared to all the stories at the innocence project about people sentenced to draconian terms for crimes they didn’t commit, it seems egregious, but aren’t we really more upset about the draconian sentences? Draconian sentences are bad - except here, this kid deserves one.
Love to read this. Probably a lot of people think you are naive, while you are not. (my opinion, for what’s worth). 
Yep. But if this trial, the letters, and this judgement are any indication, this boy needs rehabilitation. That he’s so concerned with the effect on himself and not at all concerned with the effect on his victim indicates someone who is quite likely, in some other context, in some other way, to take advantage of someone else, all over again.
Maybe not rape again. But also, maybe rape again, because he’s certainly been shown that as long as he’s a Standford athlete, that’s something that won’t be punished very harshly.
The outrage is the lack of empathy the judge displayed toward the victim more than the leniency of the sentence. This case has also laid bare the ugliness of wealthy white male privilege. Without which, the sentence would not have fallen so far below the State minimum guidelines. There’s little purpose bringing up the Innocence Project in a case where the perpetrator was caught in the act by two witnesses, who detained him until he was arrested. Disgust over false convictions is understandable, but entirely out of place, if not completely inappropriate in this discussion.
What is not clear about “if you are intoxicated you cannot consent”? If you have the suspicion that someone is drinking you should not mess around; in the eyes of the law, if they are intoxicated, they cannot consent. It’s just like with contract law and stuff like that; intoxication, duress, manipulation, these things negate consent.
There are other things you can do; alcohol on one’s breath smells strongly, that’s a good indicator that someone’s been drinking. If you are really worried about it, the best bet is don’t, second best bet is take a lot of caution.
Specifically, @jonathan_colvin is directly conflating intoxicated with unconscious, which is what the woman was from the stone sober gentlemen who assisted her.
Fair enough, yours is the first mention I have heard that the judge went outside statutory minimums.
But you bring up all the problems with this. You can’t say that it is a problem that blacks are sentenced too harshly and then ask that whites also get sentenced too harshly. Either our sentencing is too harsh or it isn’t. This case is not a good example, because the little shit so obviously deserves punishment.
On the one hand everyone is up in arms about Trump threatening the judiciary and on the other hand we have a mob trying to recall a judge for making a single decision they don’t like.
You get an A for (misguided) effort, but she’s not lying down naked in a filthy alley next to a dumpster with a man on top of her.
Recently, thanks to multiple family gatherings (three graduations this week alone) I have been repeatedly reminded that my parents’ generation was much more promiscuous and vulgar than my children’s generation. What do you blame that on?
