Stanford Swimmer Sentenced to 6 months of jail time

[Barnacle 9,095]

The foreign object in this case were his fingers. They were the only thing inside her. Not his penis. Not a stick. Only his fingers. Sorry, just relating the facts.

Well the fact that she had dirt and pine needles inside her body is a fact. They could have gotten there by his hands, either way, I think we are splitting hairs.

Not really. There is a big difference between using fingers, or using a stick or using your penis. The foreign object in this case were his fingers.

He still raped her though. If it was just his fingers there would be no reason for 2 HIV tests.

She doesn't contend that he raped her, neither did the evidence suggest it. Read her letter.

Here is what the guy that chased the pervert down had to say:

http://www.dailymail.co.uk/news/article-3630103/Student-came-rescue-Stanford-rape-victim-speaks-judge-let-attacker-light-sentence.html

Commendable couple guys. Glad to have some heroes who care in this world. One of them said he noticed that he was on her and she was lifeless so he checked, causing him to run. So he probably dry humped the girl, fingered her and was getting ready to stick his dick inside her before the Heroes showed up and CHASED the guy down.

Agree, Jeff. Thank God they were there. She was completely unconscious. Glad they were there.

[aujeff11 6,243]

Regardless, here is the definition of rape:

"unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim."

To suggest that the Stanford Swimmer didn't commit rape is either ignorance or trying to defend him.

[Barnacle 9,095]

Regardless, here is the definition of rape:

"unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim."

To suggest that the Stanford Swimmer didn't commit rape is either ignorance or trying to defend him.

No, it's just not how California defines rape. This would actually be a case of splitting hairs, so I won't argue with you. Call it what you or I or the law want, but I hold his actions to be just as reprehensible.

[augolf1716 21,939]

Good lord so no one knows what rape is. We are doomed

[Barnacle 9,095]

Good lord so no one knows what rape is

In the eyes of the law, that's an accurate statement. Like I said call it what you want, what the kid did was deserving of much worse than what he got.

[aujeff11 6,243]

Regardless, here is the definition of rape:

"unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim."

To suggest that the Stanford Swimmer didn't commit rape is either ignorance or trying to defend him.

No, it's just not how California defines rape. This would actually be a case of splitting hairs, so I won't argue with you. Call it what you or I or the law want, but I hold his actions to be just as reprehensible.

If California considers it differently, then the media needs to stick with one term and use it. Rape and sexual assault are two different things and are not always interchangeable. The defendant can commit sexual assault without. rape for example. So, it's getting annoying that half the articles are calling it a rape case and the other half are calling it a sexual assault case.

[Barnacle 9,095]

Regardless, here is the definition of rape:

"unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim."

To suggest that the Stanford Swimmer didn't commit rape is either ignorance or trying to defend him.

No, it's just not how California defines rape. This would actually be a case of splitting hairs, so I won't argue with you. Call it what you or I or the law want, but I hold his actions to be just as reprehensible.

If California considers it differently, then the media needs to stick with one term and use it. Rape and sexual assault are two different things and are not always interchangeable. The defendant can commit sexual assault without. rape for example. So, it's getting annoying that half the articles are calling it a rape case and the other half are calling it a sexual assault case.

Yeah, technically rape is a form of sexual assault, but you are right, because there are many different sexual assault crimes and they aren't always interchangeable. The only reason I brought it up was because people were talking about sentencing and minimum sentences for rape, when he was actually convicted of three other felony sexual assault crimes. Then people were confusing foreign object to mean a stick, and implying that he had actually penetrated her in three separate ways, which is factually incorrect. I promise I'm not trying to defend the guy. The judge was wrong in my opinion, both in his sentencing and his rationale. And, despite being a first time offender, it was a crime of violence and the kid should have gotten at least the minimum sentence.

[telling tiger 156]

Without taking into account, criminal actions by a sitting judge, like bribery, sexual favors for lenient sentencing or because they can, like an Arkansas judge recently did, this may the lowest form of organism, I've ever seen sitting as a judge in a courtroom.......

The defense, has filed notice of appeal.....

May this request be granted and the next judge clean this little disgusting moron's clock.

[Mims44 1,969]

Man, ... just one more reason why I shouldn't get blackout drunk in an alley.

[AURaptor 1,137]

Man, ... just one more reason why I shouldn't get blackout drunk in an alley.

...again.

[quietfan 233]

To us, the difference between rape and sexual assault may be splitting hairs. But much of law is a matter of splitting hairs...always has been and generally for good reason.

Regardless, I think perhaps the most appropriate punishment for this guy, as Raptor mentioned in post #15, is for some of his fellow inmates to get "20 minutes of action" with him behind the prison dumpster.

[telling tiger 156]

While not promoting that behavior, a little blond young fella, is quite likely to find out the exacting definition of rape in a prison or even jail environment.

At the same time while not promoting it, the irony is not lost on me and that is as kindly as I can put it.

[AUDub 11,784]

READ THIS

Ten years ago my firm represented a kid on a minor drug charge. This kid played an instrument – for the sake of this story, let’s call it a xylophone. He approached the xylophone like he approached geometry, by which I mean he often showed up for it and probably wouldn’t fail it. But by the time we were done writing about that kid in the sentencing briefs, he was the most xylophone-playing ************ ever to walk the Earth. He was the YoYo Ma of xylophones, someone whose skills would make angels weep and the doors of fame and success slam open.

We didn’t do that because people who play xylophones are less criminally culpable than people who don’t. We did it because a defense attorney’s challenge is to humanize their client at sentencing. Judges process dozens of defendants a month, or a week, or even a day. If judges confronted the defendants’ individual humanity as they caged them one after another, they’d go quite mad. It’s impossible and inadvisable.

The trick is to light a spark that catches the judge’s eye, that transforms your client even momentarily from an abstraction or a statistic or a stereotype into a human being with whom the judge feels a connection. Judges are people, and people connect with each other through commonalities – family, hobbies, sports, music, and so forth. At sentencing, a good advocate helps the judge to see the defendant as someone fundamentally like the judge, with whom the judge can relate. It’s harder to send a man into a merciless hole when you relate to him.

Empathy is a blessing. But empathy’s not even-handed. It’s idiosyncratic. Judges empathize with defendants who share their life experiences – and only a narrow and privileged slice of America shares the life experiences of a judge.

That’s one reason that justice in America looks the way it does.

[telling tiger 156]

Interesting article, Ben and I agree, justice is blind, just not always for the right reasons.

[TitanTiger 21,064]

"When the prevailing thinking is boys will be boys — girls will be garbage." -- Ann Voskamp

[Barnacle 9,095]

"When the prevailing thinking is boys will be boys — girls will be garbage." -- Ann Voskamp

How appropriate

[telling tiger 156]

Potential jurors are refusing to serve in rape case Judge's court.

http://abcnews.go.com/US/potential-jurors-refuse-serve-case-overseen-stanford-sex/story?id=39749908

[Barnacle 9,095]

Just reduced to 3 months. Don't have time to link.

[telling tiger 156]

Yep, saw that late yesterday, released in September.

Simply inexcusable.

[TitanTiger 21,064]

Just reduced to 3 months. Don't have time to link.

I don't think it was reduced to that, it's that the sentence could end up being that with time taken off for good behavior.

[quietfan 233]

Just reduced to 3 months. Don't have time to link.

I don't think it was reduced to that, it's that the sentence could end up being that with time taken off for good behavior.

That's how I heard it the day the sentence was first announced:

Official sentence is 6 months meaning, as with most convictions, parole/reprieve/release could be much sooner than that with good behavior. Don't know if he spent any time in jail pre-trial before being released on bail (not much, I suspect, considering his social status), but if so 'previous time served" is usually credited or subtracted from a sentence as well.

[Barnacle 9,095]

Just reduced to 3 months. Don't have time to link.

I don't think it was reduced to that, it's that the sentence could end up being that with time taken off for good behavior.

That's right. I just read the headline.

[cole256 17,085]

Smh. Must be nice. I guess we'll find out if this will be brought up all the time like the many on here brings up the duke lacrosse case so often

[AURaptor 1,137]

Smh. Must be nice. I guess we'll find out if this will be brought up all the time like the many on here brings up the duke lacrosse case so often

And how are the two related ?

* ETA - was the ex-Stanford swimmer falsely accused ? I don't recall anyone here ( or anywhere else ) claiming as such.

Was the rape victim here black ? Again, I must have missed that.

For the life of me, I have no idea what in the world one case has to do w/ the other. Duke Lacrosse team was falsely accused of a crime which didn't occur. Here, this guy clearly did commit a crime, and there's universal outrage at the light sentence he received.

This is beyond confusing

[aujeff11 6,243]

Another similar case. Might as well decriminalize sexual assault and criminalize being passed out in a private home.

 

http://deadspin.com/high-school-athlete-charged-with-sexually-assaulting-tw-1785620665?utm_campaign=socialflow_deadspin_twitter&utm_source=deadspin_twitter&utm_medium=socialflow