[Politics] When Your Background matters more than Your Crime: NJ Judge goes easy on Rape Case

[ObsidianJones_v1legacy]

A New Jersey appeals court has blasted a state family court judge ? and reversed his decision ? after he refused to try as an adult a 16-year-old boy accused of raping an intoxicated 16-year-old girl and sending video of the alleged sex assault to his buddies.

In a ruling last year in Monmouth County, New Jersey Superior Court Judge James Troiano denied prosecutors' motion to try the teen as an adult and instead said: "This young man comes from a good family who put him into an excellent school where he was doing extremely well."

"He is clearly a candidate for not just college but probably for a good college. His scores for college entry were very high," said Troiano, who also detailed the boy's extracurricular activities, including that he was an Eagle Scout.

Prosecutors say the boy, only identified in court documents as G.M.C., sexually assaulted the girl while at a pajama-themed basement party packed with about 30 other adolescents in New Jersey where alcohol was flowing.

The drunken boy had walked off to a closed-off, darkened area of the room with the visibly drunk victim and filmed himself on his cellphone penetrating the girl from behind with her bare torso exposed and her head hanging down, according to prosecutors.

He then sent the clip to several friends, and in the days following the incident, texted his pals, saying: "When your first time having sex was rape."

In denying the waiver to try the teen as an adult, Troiano noted: "I still in my mind ? distinguish between a sexual assault and a rape ? in my mind there is a distinction."

"There have been some, not many, but some cases of sexual assault involving juveniles which in my mind absolutely were the traditional case of rape," said the judge, who added that those cases generally involved two or more males and a gun or weapon.

The judge expressed concern that the prosecutor did not indicate that she explained to the victim and her mother "the devastating effect a waiver would have on G.M.C.'s life," according to the appeals court.

(Source [https://nypost.com/2019/07/03/judge-under-fire-for-going-easy-on-rape-suspect-who-was-from-a-good-family/])

In case the Judge didn't get the memo of the new definition of Rape that is on the US Department of Justice Archives [https://www.justice.gov/archives/opa/blog/updated-definition-rape], it goes as follows

"The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim."

To be fair to the judge, here's the definition of Sexual Assault [https://www.justice.gov/ovw/sexual-assault#sa] according to the DOJ.

The term "sexual assault" means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent

So, to give the 'Judge' credit, he's right. There's a clear definition between Rape and Sexual Assault. But since there was penetration, he's on the wrong side of the definition.

I find myself literally waiting for the old guard to fall out of power so we can get some actual equity in Justice in this damn world. Your position in the community should mean nothing. Your academic ability should mean nothing... You know what, I'm actually going to run that back. It should mean everything. Because it means you had enough exposure to the world and intelligence to know right from wrong.

If this boy was smart enough to get good grades, he was smart enough to know how humans are supposed to act to other humans. And In fact, he did. Because he tweeted out that he did a depraved act and shared this vileness with his friends.

People hate the "P" word. But when you have such an obvious case of Privilege affecting Privilege, it's an insult to everyone's intelligence for not pointing it out.

 

[Saelune]

The law is unequal.

 

[Neurotic Void Melody]

If ever there was a prime example of systemic privilege at work. Lots of people hate lots of words, but words gotta be used when that's the very shit that's going on.

 

[CaitSeith]

"Why to let a little rape get in the way of such a good young man's promising career?"

 

[Saelune]

"Why to let a little rape get in the way of such a good young man's promising career?"

So, what kind of family did she come from? Was it a bad one, so she deserves to be raped, or was her good family not good enough? Or do women inherently not come from 'good families'?

Which is it Judge?

 

[Gethsemani_v1legacy]

You've got to love how the guy even brags about how he raped the victim to his friends and the judge still doesn't see why this guy should get punished. One has to wonder if the judge is unusually naive, a pure misogynist or just took some kickbacks from the rapists family in order to land in the idea that the rapist should get off light after displaying such a callous attitude towards the crime he committed.

America, your justice system sucks.

 

[CrazyGirl17]

I heard about this on the news... and it pisses me off.

Seriously, fuck this little shitstain and fuck the judge.

Not literally of course.

 

[ObsidianJones_v1legacy]

You've got to love how the guy even brags about how he raped the victim to his friends and the judge still doesn't see why this guy should get punished. One has to wonder if the judge is unusually naive, a pure misogynist or just took some kickbacks from the rapists family in order to land in the idea that the rapist should get off light after displaying such a callous attitude towards the crime he committed.

America, your justice system sucks.

Not fair. Our Justice System on the surface could be great.

But Those who are in Power enjoy the Privilege too much. They have empathy only for people who remind them of themselves.

America's ruling class of people suck. The actual laws are possibly very sound. We just don't know because we never saw them implemented in a just way yet.

 

[Chimpzy_v1legacy]

Shit reads like a really fucked up r/entitledparents story

"My son's such a really good boy. We're a good family and he is doing really good in school. He deserves pussy, and if any girl doesn't give it up to him then she's a slut, because he's such a good boy. And how dare you call it rape. Everyone knows that's when a gang of no good coloreds take turns on some poor white innocent girl while holding her at gunpoint. That's totally not what happened with my son. That little slut was toying with my boy's feeling and now she wants to ruin his life. He deserves as much sex as he wants and she didn't refuse, so he was just taking what was rightfully his. She has no right to want to destroy his future like this. ..."

 

[Palindromemordnilap_v1legacy]

He then sent the clip to several friends, and in the days following the incident, texted his pals, saying: "When your first time having sex was rape."

So even when he's basically holding a sign over his head saying "I am Guilty as hell" they try and let him off? Some people just have relentlessly charmed lives don't they? Pretty sure if I filmed myself burning someone's house down then put the pictures up on instagram as #arson I wouldn't find myself being let go just because of the school I went to

 

[RaikuFA]

Was this idiot asleep during Brock Turner? He knows what happened to that judge, right?

 

[Satinavian]

At least it was appealed and turned over, so it remsins a judge doing it, not the whole justice system.

But it is still a scandalous decision. I would say i am surprised, but that is not really true. I share Gethsemanis opinion about the US system.

Not fair. Our Justice System on the surface could be great.

But Those who are in Power enjoy the Privilege too much. They have empathy only for people who remind them of themselves.

America's ruling class of people suck. The actual laws are possibly very sound. We just don't know because we never saw them implemented in a just way yet.

I disagree. The way the Common Law system works, the actual law becomes less important and prior cases' rulings become more important. And without prior rulings a judge has way too much leeway to not only decide one case but lay a foundation for all similar future cases.

Together that means that what is written as law and what actually is applied can differ a lot and the latter carries the baggage of hundeads of years of judges opinions and prejudices.

Also i have read that there is a habit of voting for judges. As well as voting for heads of law enforcement. So suddenly actual enforcemnt of laws and punishment for crimes is a matter of pleasing your personal voter base instead of trying to be impartial ? That is designed to fail horrible.

Also, how is it possible that the amount of money for lawsuits plays such a huge role in civil disputes ? That is not the case for most other nations and is obviously inherently unfair.

 

[ObsidianJones_v1legacy]

It bothers me the amount of energy used for a fictional character being black. Getting super disillusioned.

I disagree. The way the Common Law system works, the actual law becomes less important and prior cases' rulings become more important. And without prior rulings a judge has way too much leeway to not only decide one case but lay a foundation for all similar future cases.

Together that means that what is written as law and what actually is applied can differ a lot and the latter carries the baggage of hundeads of years of judges opinions and prejudices.

Also i have read that there is a habit of voting for judges. As well as voting for heads of law enforcement. So suddenly actual enforcemnt of laws and punishment for crimes is a matter of pleasing your personal voter base instead of trying to be impartial ? That is designed to fail horrible.

Also, how is it possible that the amount of money for lawsuits plays such a huge role in civil disputes ? That is not the case for most other nations and is obviously inherently unfair.

All of that hinges on votes. People voting politicians into office to propose unfair ideas that benefit only them and people who delude themselves to think those Politicians represent them.

Judges who use their discretion to consider a white teen who smokes weed as someone like he was when he was a teen, so obviously he's not a bad guy... but the black kid smoking the same amount is a problem that needs the hammer dropped on him before he becomes another gangbanger.

Those Sheriffs you vote for who gain their power by running on fears and biases of the masses against the 'other'.

"Privilege" warps sensible laws as much as nonsensical ones.

 

[Pseudonym]

That's a pretty preposterous argument from that judge. Who cares what family he comes from or what else he did? You gotta not rape people.

Question though, why should he be tried as an adult? Because he's not, he's 16. Clearly he should be punished, but if it's reasonable to have different standard for minors than for adults, and I think it is, it seems weird to just declare somebody an adult because they did something terrible.

 

[Satinavian]

All of that hinges on votes. People voting politicians into office to propose unfair ideas that benefit only them and people who delude themselves to think those Politicians represent them.

Judges who use their discretion to consider a white teen who smokes weed as someone like he was when he was a teen, so obviously he's not a bad guy... but the black kid smoking the same amount is a problem that needs the hammer dropped on him before he becomes another gangbanger.

Those Sheriffs you vote for who gain their power by running on fears and biases of the masses against the 'other'.

"Privilege" warps sensible laws as much as nonsensical ones.

In Germany, we don't vote for Judges. They get appointed. We also don't vote for police officials.

The only votes are for politicians who make laws. While a party can run on a promise of tougher laws, there is no way to run for sheriff on the promise to be extra tough on crime or something. There is no incentive for a judge to please the majority by plaing to their preconceptions.

That is not a guarantee for for the justice system to not have prejudiced people in it. But people don't get more powerful/influencial in the system by following common prejudices and getting votes.

 

[Schadrach]

"Why to let a little rape get in the way of such a good young man's promising career?"

I mean, in the UK there was a case where a woman stabbed her boyfriend and broke her bail conditions and was spared jail because of her "promising career" so it's not like this is unique.

We should just call it what it is - wealthy, connected, or high status people and their children get away with whatever they'd like because money/status/connections.

"Why to let a little rape get in the way of such a good young man's promising career?"

So, what kind of family did she come from? Was it a bad one, so she deserves to be raped, or was her good family not good enough? Or do women inherently not come from 'good families'?

Which is it Judge?

Of course women can come from "good families" (meaning wealth/status/connections), see https://www.telegraph.co.uk/news/2017/09/25/oxford-student-judge-suggested-bright-prison-spared-jail-stabbing/

 

[Majestic Manatee_v1legacy]

"Why to let a little rape get in the way of such a good young man's promising career?"

I mean, in the UK there was a case where a woman stabbed her boyfriend and broke her bail conditions and was spared jail because of her "promising career" so it's not like this is unique.

We should just call it what it is - wealthy, connected, or high status people and their children get away with whatever they'd like because money/status/connections.

"Why to let a little rape get in the way of such a good young man's promising career?"

So, what kind of family did she come from? Was it a bad one, so she deserves to be raped, or was her good family not good enough? Or do women inherently not come from 'good families'?

Which is it Judge?

Of course women can come from "good families" (meaning wealth/status/connections), see https://www.telegraph.co.uk/news/2017/09/25/oxford-student-judge-suggested-bright-prison-spared-jail-stabbing/

What an unnecessary deflection you brought to the table.

 

[Avnger]

"Why to let a little rape get in the way of such a good young man's promising career?"

I mean, in the UK there was a case where a woman stabbed her boyfriend and broke her bail conditions and was spared jail because of her "promising career" so it's not like this is unique.

We should just call it what it is - wealthy, connected, or high status people and their children get away with whatever they'd like because money/status/connections.

"Why to let a little rape get in the way of such a good young man's promising career?"

So, what kind of family did she come from? Was it a bad one, so she deserves to be raped, or was her good family not good enough? Or do women inherently not come from 'good families'?

Which is it Judge?

Of course women can come from "good families" (meaning wealth/status/connections), see https://www.telegraph.co.uk/news/2017/09/25/oxford-student-judge-suggested-bright-prison-spared-jail-stabbing/

What an unnecessary deflection you brought to the table.

Anything to defend the status quo

 

[CaitSeith]

"Why to let a little rape get in the way of such a good young man's promising career?"

it's not like this is unique.

Who said the point was that this was unique? Does it need to be unique to be a problem? The fact that this judge eases someone's punishment for rape just because they "have a promising career" is a big problem on itself.

 

[CaitSeith]

Double post.