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Judge Spares Prison for 'Entitled' Rapist Who Admitted Attack on 'F*cking B*tch' Who Rejected Him

 
 
Glennn
 
  1  
Reply Tue 16 Aug, 2016 05:45 pm
@maxdancona,
Quote:
I am objecting to the senseless ideological outrage that you and Bobsal are expressing without indicating any understanding of the issue involved. And I really object to the fact that raising questions leads to nasty personal attacks rather than intelligent discussion.

I've not expressed outrage. I've challenged the reason for not sentencing this man according to the law.

I've also not personally attacked you. I'm sure that, like your idea that the judge didn't have the authority to sentence this man to prison, you'll find that you are also wrong about me having personally attacked you.
Glennn
 
  1  
Reply Tue 16 Aug, 2016 05:49 pm
@maxdancona,
Quote:
nor do I have any real understanding of Colorado law... neither do you.

That is an incorrect assumption on your part. Prior to my first post in this thread, I researched Colorado law and what it says about what constitutes sexual assault, and what the sentence is for that crime. I'm surprised that you didn't also do this before saying things like "the judge didn't have the authority.
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maxdancona
 
  1  
Reply Tue 16 Aug, 2016 05:50 pm
@Glennn,
You are right. I apologize for conflating you and Bobsal. You having made any personal attacks.

Do you feel like the judge had the discretion under the law to either sentence him to prison or to not? I do understand that you probably haven't to law school... but this question seems relevant to the discussion we are having.
Glennn
 
  1  
Reply Tue 16 Aug, 2016 05:56 pm
@maxdancona,
As I have said, I have researched Colorado law and what constitutes sexual assault, and what kind of prison term is dealt out for that particular crime. I could certainly understand if the victim feels like justice was not done in her case. The man took advantage of her helplessness to assault her sexually. What extenuating circumstances could there be to excuse his actions?
maxdancona
 
  1  
Reply Tue 16 Aug, 2016 06:04 pm
@Glennn,
If it is the case that this sentence could turn into a life in prison... would you agree that this is an excessive punishment?

I am guessing that by "I have researched Colorado law" you mean that you have done some Googling on the subject. Have you had any real legal training not done through internet pages?

Neither you or I sat through the testimony at trial. There is a reason that we have trials... I don't think it is possible to answer your question about "extenuating circumstances" without sitting through the trial.

That is the reason we have trials.

Glennn
 
  0  
Reply Tue 16 Aug, 2016 06:06 pm
@Glennn,
Okay, I suppose if his friends had slipped him some PCP or acid, and then he did what he did to her, then it could be excused. But there is no mention of that.
Glennn
 
  0  
Reply Tue 16 Aug, 2016 06:11 pm
@maxdancona,
Quote:
If it is the case that this sentence could turn into a life in prison... would you agree that this is an excessive punishment?

The real question is: if he is not deemed fit, should he be released from prison for the crime of sexual assault. The answer is no.

I do not need a law degree to understand what constitutes sexual assault under Colorado law; it's an easy read. Nor do I need a law degree to understand sentencing guidelines according to Colorado law. That, too, is an easy read. It's not rocket science.
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maxdancona
 
  0  
Reply Tue 16 Aug, 2016 06:13 pm
@Glennn,
The question is not what constitutes sexual assault (none of us seems to disagree on this). He was convicted of sexual assault and no one is disputing his guilt. The question is what the practical punishment for sexual assault is and should be.

To be honest, there doesn't seem to be much more to discuss here.

- I believe that a 10-12 prison sentence seems reasonable (based only on what I read).

- I believe that if the offender serves a life in prison for this, it would be excessive (based only on what I read).

- My understanding of this article is that the judge didn't give him 10-12 years in prison because under Colorado law this could turn into a life in prison (which the judge feels is excessive).

Seeing as Bobsal has left us, and understanding that you and I don't know any more about this other than what we can read on this article, and on internet sites about Colorado law (which on a quick Google search seem mostly provided by lawyers trying to hawk their services)...

... is this really an interesting discussion any more? Give me something interesting enough for me to stay.

Glennn
 
  0  
Reply Tue 16 Aug, 2016 06:20 pm
@maxdancona,
If there were any extenuating circumstances concerning this man's crime, the judge would likely have mentioned it when he was commenting on the sentence. But he didn't.
Quote:
- My understanding of this article is that the judge didn't give him 10-12 years in prison because under Colorado law this could turn into a life in prison (which the judge feels is excessive).

It sounds like the judge was under the impression that this man might never be deemed fit.
___________________________________________

Code Sections Colorado Revised Statues Sections 18-3-402: Sexual Assault, 18-3-404: Unlawful Sexual Contact, and 18-3-405: Sexual Assault of a Child
What’s Prohibited? The forms of non-consensual sexual assault that are prohibited in Colorado include:

Sexual Assault – Knowingly sexually penetrating (vaginal, oral, or anal sex) or sexually intruding (inserting any object or part of a person’s body into the genital or anal openings if for sexual gratification or abuse) a victim by any of the following means:
◾The defendant:◾Causes the victim to submit against his or her will
◾Knows the victim submits as erroneously believes the defendant to be his or her spouse
◾Engages in the sexual activity while claiming to offer a medical treatment, but it’s inconsistent with reasonable medical practices

◾The victim is:◾Incapable of understanding the sexual conduct
Unconscious, asleep, or otherwise can’t consent and the defendant knows this
◾Under 14 years old and the defendant is at least 4 years old and not his or her spouse
◾15 or 16 years old and the defendant is at least 10 years older and not his or her spouse
◾Detained in a jail, prison, or hospital where the defendant has authority over the victim and uses this authority to coerce the victim into the act


Unlawful Sexual Contact – Knowingly touching the victim’s intimate parts (external genitalia, perineum, anus, butt, pubes, or breasts) or making the victim touch the defendant’s intimate parts, or touching the clothing covering the intimate parts if this contact was for sexual arousal, gratification, or abuse, prohibited in any of the following cases:
◾The victim:◾Doesn’t consent
◾Can’t understand the sexual conduct
Is unconscious or asleep and can’t consent
◾Is an inmate at a prison, jail, or hospital where the defendant has authority over him or her and uses that authority to coerce submission

◾The defendant uses date rape drugs to impair the victim
◾The defendant engages in the sexual contact while claiming to offer a medical treatment/exam, but the “exam” is inconsistent with reasonable medical practices
◾Knowingly inducing or coercing a child under 18 years old to expose their intimate parts or to engage in any sexual contact, intrusions, or penetration with another person for the defendant’s sexual gratification, by using any of the same means listed above for Sexual Assault

Sexual Assault of a Child – Knowingly subjecting any victim under 15, if not one’s spouse and at least 4 years older, to any sexual contact

Penalties
Sexual Assault – Sentences vary based on the violence of the situation and other aggravating or penalty increase factors.
◾Class 2 Felony – 16-48 years in prison, a $5,000 to $1,000,000 fine, and 5 years mandatory parole (doubled from usual 8-24 years as a “crime of violence”◾The defendant was helped by someone
◾The victim suffers serious physical injury
◾The defendant was armed with a deadly weapon
◾The minimum sentence is the midpoint for the presumptive range sentence and the maximum is double the usual maximum. Additionally this sentence will be served consecutively (back-to-back) with any crime of violence conviction.

◾Class 3 Felony – 8-24 years in prison, a $3,000 to $750,000 fine, and 5 years mandatory parole ◾The victim was physical disabled and didn’t consent
◾The defendant:◾Forced the victim by physical force or violence
◾Threatened the victim with imminent death, serious physical injury, extreme pain, or kidnapping of anyone or future retaliation by any of those acts and the victim believe he or she could do that
◾Impairing the victim with a date rape drug


◾Class 4 Felony – Generally, this penalty applies, 4-12 years in prison, a $2,000 to $500,000 fine, and 3 years mandatory parole
◾Class 1 Misdemeanor – If the victim was 15 or 16 and the defendant was 10 years older, but is classified as an “extraordinary risk” crime that has an increased sentencing range of 6 months to 2 years and a fine of $500 to $5,000.

Unlawful Sexual Contact
◾Class 4 Felony – Applies if the defendant compels the victim by use of force, intimidation, or threat, or is done during a fake medical exam, or a child is coerced into exposing their intimate parts
◾Class 1 Misdemeanor – Typical penalty, note it’s also an “extraordinary risk” crime subject to increased sentences

Sexual Assault on a Child -
◾Class 3 Felony – If the defendant uses force, threatens now or in retaliation in the future death, serious physical injury, extreme pain, or kidnapping, or does as part of a pattern of sexual abuse (committing two or more incidents against the same child)
◾Class 4 Felony – Generally the punishment

Child Born from Sexual Assault

If a child is born from the sexual assault or contact, the sex offense convicted parent has no right to being the child’s parent, inheriting from the child, or to notice of adoption or termination of parental rights.

Defenses A marriage license is not a license to rape. It’s not a defense that a defendant was married to the victim when the sexual assault occurred, unless specifically provided for in the statute, for example, to help married couples avoid statutory rape charges.
___________________________________________

The above is not the opinion of a lawyer.
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