Teenager Accused of Rape Deserves Leniency Because He’s From a ‘Good Family,’ Judge Says

[Mockingbird]

Quote

 

The 16-year-old girl was visibly intoxicated, her speech slurred, when a drunk 16-year-old boy sexually assaulted her in a dark basement during an alcohol-fueled pajama party in New Jersey, prosecutors said.

 

The boy filmed himself penetrating her from behind, her torso exposed, her head hanging down, prosecutors said. He later shared the cellphone video among friends, investigators said, and sent a text that said, “When your first time having sex was rape.”

 

But a family court judge said it wasn’t rape. Instead, he wondered aloud if it was sexual assault, defining rape as something reserved for an attack at gunpoint by strangers.

 

He also said the young man came from a good family, attended an excellent school, had terrific grades and was an Eagle scout. Prosecutors, the judge said, should have explained to the girl and her family that pressing charges would destroy the boy’s life.

 

So he denied prosecutors’ motion to try the 16-year-old as an adult. “He is clearly a candidate for not just college but probably for a good college,” Judge James Troiano of Superior Court said last year in a two-hour decision while sitting in Monmouth County.

 

Now the judge has been sharply rebuked by an appeals court in a scathing 14-page ruling that warned the judge against showing bias toward privileged teenagers.

 

[...]

 

https://www.nytimes.com/2019/07/02/nyregion/judge-james-troiano-rape.html

[DocM]

But a family court judge said it wasn’t rape...

 

Yes, it was rape you blithering dumbass 🙄

 

Who. in. fracking. HELL allows teens to have a co-ed pajama party in their basement? With alcohol??

 

Yeah, hammer the kid, but some parents need a good smackdown too.

 

Edited July 3, 2019 by DocM

[FloatingFatMan]

Now obviously I don't have all the information based on just the article, however I have to ask, is this REALLY rape?  2 kids, at a party where everyone's drunk, and they decide to do it. Later, when she's sober, she realises she's a dumbass.

 

Is this REALLY rape, or just teens being teens and doing what teens do? Because seriously, when I was that age, I did the exact same thing several times, and it sure as hell wasn't rape!

 

Teens are teens. Stupid, horny, and when drunk, prone to doing stuff they'll regret later.  Stop making criminals of them for being dumbasses.

[Dick Montage]

You had sex with people who weren’t in a state to give willing consent?

[DocM]

1 hour ago, FloatingFatMan said:

Now obviously I don't have all the information based on just the article, however I have to ask, is this REALLY rape?  2 kids, at a party where everyone's drunk, and they decide to do it. Later, when she's sober, she realises she's a dumbass.

 

In the UK it may be OK, but here it definitely is rape.

Quote

 

Teens are teens. Stupid, horny, and when drunk, prone to doing stuff they'll regret later.  Stop making criminals of them for being dumbasses.

 

In these cases there are three issues,

 

1) age. Is the kid at or over the age of consent, which varies by state. Here in MI it's 16 (same as NJ), which is typical, but others are 17 or even 18 (CA, NV, OR...)

 

If she's under the age of consent, say bye-bye.

 

2) consent. Even if old enough to give consent, is she legally able to give consent? Drunk, drugged, asleep or otherwise unconscious cannot give legal consent. It may even result in an "enhanced sentence."

 

3) age differential. A 16 year old may be able to give consent but if their partner is much older some states won't accept this. In some states the difference has to be <5 years. Also teachers, cops, officials or other older "power differential" persons can't touch 'em.

Edited July 3, 2019 by DocM

[Nick H. Supervisor]

1 hour ago, FloatingFatMan said:

Is this REALLY rape, or just teens being teens and doing what teens do?

Quote

He later shared the cellphone video among friends, investigators said, and sent a text that said, “When your first time having sex was rape.”

Surely if he sent a text where he himself admits that it's rape, it's an open and shut case?

[DocM]

6 minutes ago, Nick H. said:

Surely if he sent a text where he himself admits that it's rape, it's an open and shut case?

 

Let's just say his lawyer should be on hands & knees, begging the DA for a plea bargain.

[Peresvet]

Quote

“He is clearly a candidate for not just college but probably for a good college,” Judge James Troiano of Superior Court said 

And then later that day the judge met with the boy's father, his college friend, for a drink. 

 

P.S. The poor girl pressed the charges too soon. She should've waited at least 20 years to do so. 

 

 

 

 

[Peresvet]

Just now, DocM said:

In the UK it may be OK, but here it definitely is rape.

Have you watched Superbad?

 

It's a hilarious film.

 

Almost everyone tries to lose their virginity before the prom these days.

 

Just now, Nick H. said:

Surely if he sent a text where he himself admits that it's rape, it's an open and shut case?

Or it could be a joke, trying to portray his "coolness" among his peers.

 

He shouldn't have sent it and it's the reason why she sued him.

 

 

[Nick H. Supervisor]

11 minutes ago, Peresvet said:

Or it could be a joke, trying to portray his "coolness" among his peers.

 

He shouldn't have sent it and it's the reason why she sued him.

...What?!

 

Call me weird, but there is a higher coolness factor about having sex with someone who is genuinely into you rather than trying to make it seem like you forced yourself on someone.

 

What a ridiculous comment, I really hope there was an attempt at sarcasm that I missed.

[Peresvet]

Just now, Nick H. said:

...What?!

 

Call me weird, but there is a higher coolness factor about having sex with someone who is genuinely into you rather than trying to make it seem like you forced yourself on someone.

 

What a ridiculous comment, I really hope there was an attempt at sarcasm that I missed.

No sarcasm.

 

"Gangsta culture" has been a phenomenon and a sub-genre of pop culture for several decades now. 

 

Outlaws are being glorified everywhere: in films, music (rap especially), and video games.

 

Maybe the kid played too much of GTA or listened to too much of gangsta rap, or both  

 

Quote

What a ridiculous comment

 

 

 

Edited July 3, 2019 by Peresvet

[Dick Montage]

Wow there's some very odd comments being made here!

[FloatingFatMan]

3 hours ago, DocM said:

 

In the UK it may be OK, but here it definitely is rape.

 

In these cases there are three issues,

 

1) age. Is the kid at or over the age of consent, which varies by state. Here in MI it's 16 (same as NJ), which is typical, but others are 17 or even 18 (CA, NV, OR...)

 

If she's under the age of consent, say bye-bye.

 

2) consent. Even if old enough to give consent, is she legally able to give consent? Drunk, drugged, asleep or otherwise unconscious cannot give legal consent. It may even result in an "enhanced sentence."

 

3) age differential. A 16 year old may be able to give consent but if their partner is much older some states won't accept this. In some states the difference has to be <5 years. Also teachers, cops, officials or other older "power differential" persons can't touch 'em.

Doc, according to the article. BOTH were 16 and BOTH were drunk.  Neither of them could legally consent OR be fully responsible as both were drunk. If he raped her, then she also raped him...

[FloatingFatMan]

2 hours ago, Nick H. said:

Surely if he sent a text where he himself admits that it's rape, it's an open and shut case?

Yes and no, really.  She appears as equally guilty of rape as he is, if your only criteria (as per DocM), is age and drunken state...

 

So, unless you're saying the boy bears the blame because he has a penis, then either they raped each other, or teens were being teens and went too far whilst wasted...  It happens.

 

[StrikedOut]

15 minutes ago, FloatingFatMan said:

Doc, according to the article. BOTH were 16 and BOTH were drunk.  Neither of them could legally consent OR be fully responsible as both were drunk. If he raped her, then she also raped him...

How the hell did she'also rape him'? she didnt fall backwards and force his c*ck in her. This is rape plain and simple. If the woman is unable to concent regardless of why, then the default is no concent.

 

I've been drunk many times from the age of 15. Not once have I ever looked at a woman and thought 'I'm gonna have sex with you whether you like it or not!' and then to film it and share it around??

 

Hope he gets his ass handed to him at hte appeals court.

[FloatingFatMan]

21 minutes ago, StrikedOut said:

How the hell did she'also rape him'? she didnt fall backwards and force his c*ck in her. This is rape plain and simple. If the woman is unable to concent regardless of why, then the default is no concent.

 

I've been drunk many times from the age of 15. Not once have I ever looked at a woman and thought 'I'm gonna have sex with you whether you like it or not!' and then to film it and share it around??

 

Hope he gets his ass handed to him at hte appeals court.

I see, so because he's male, despite BOTH of them being drunk and BOTH of them being underage, HE is the one to is the attacker?

 

Or perhaps she just consented at the time because, you know, BOTH WERE DRUNK, and then really regretted it later?  Innocent until PROVEN guilty...  

[Nick H. Supervisor]

19 minutes ago, FloatingFatMan said:

Yes and no, really.  She appears as equally guilty of rape as he is, if your only criteria (as per DocM), is age and drunken state...

 

So, unless you're saying the boy bears the blame because he has a penis, then either they raped each other, or teens were being teens and went too far whilst wasted...  It happens.

Her: He raped me.

Him: Yep, I raped her.

You: *Sigh* Crazy kids...

 

I can't understand how we're having this discussion. Someone is accused of a crime, the accused acknowledges that they knew that what they were doing was a crime. Age doesn't enter in to it, toxicity doesn't enter in to it. It's an open and shut case!

 

We normally see eye-to-eye on many subjects, I can't believe how differently we're looking at this situation...

[FloatingFatMan]

9 minutes ago, Nick H. said:

Her: He raped me.

Him: Yep, I raped her.

You: *Sigh* Crazy kids...

 

I can't understand how we're having this discussion. Someone is accused of a crime, the accused acknowledges that they knew that what they were doing was a crime. Age doesn't enter in to it, toxicity doesn't enter in to it. It's an open and shut case!

 

We normally see eye-to-eye on many subjects, I can't believe how differently we're looking at this situation...

But it's not an open and shut case.  Yes, the boy is admitting he raped her, but as they were BOTH drunk and BOTH underage, I'm arguing that because there seems to be have no duress involved at the time they had sex, technically she also raped him as well.

 

And yes, males can be raped by females and it doesn't require anal entry to class as rape.

 

So to me, pending further details, this just looks more like two idiot teens that did what teens often do whilst drunk at a party, and then regretting it later.  But of course, because the boy stupidly admitted to rape, and has a penis, he's going to get crucified whilst the girl gets counselling...

[Peresvet]

18 minutes ago, FloatingFatMan said:

Or perhaps she just consented at the time because, you know, BOTH WERE DRUNK, and then really regretted it later? 

BINGO!

[Jim K Global Moderator]

This judge clearly has a problem with judging ... especially with respect to this case.  At least an appellate panel overturned his decision

[Nick H. Supervisor]

3 minutes ago, FloatingFatMan said:

But it's not an open and shut case.  Yes, the boy is admitting he raped her, but as they were BOTH drunk and BOTH underage, I'm arguing that because there seems to be have no duress involved at the time they had sex, technically she also raped him as well.

 

And yes, males can be raped by females and it doesn't require anal entry to class as rape.

 

So to me, pending further details, this just looks more like two idiot teens that did what teens often do whilst drunk at a party, and then regretting it later.  But of course, because the boy stupidly admitted to rape, and has a penis, he's going to get crucified whilst the girl gets counselling...

If it had been consensual at the time then the boy wouldn't be agreeing that it was rape! He would be making an argument that they were both drunk but both wanted to have sex at the time. Instead he is sending texts to friends admitting to committing a crime. There's absolutely no other way to look at the situation. If the genders were the other way round I would be making the same argument. I don't think a single person has been trying to make the argument that males cannot be raped by females.

[Peresvet]

8 minutes ago, FloatingFatMan said:

this just looks more like two idiot teens that did what teens often do whilst drunk at a party, and then regretting it later.

Not just any party, but it was a pajama party! Meaning they all had known some of them would be sleeping over there. 

[Peresvet]

14 minutes ago, Jim K said:

This judge clearly has a problem with judging ... especially with respect to this case.  At least an appellate panel overturned his decision

Yep, the judge's reasons are laughable.

[margrave]

She was not in a state to give willing consent. That is rape. Plain and simple. The 16 year old should now become a registered sex offender!

[FloatingFatMan]

1 hour ago, margrave said:

She was not in a state to give willing consent. That is rape. Plain and simple. The 16 year old should now become a registered sex offender!

He wasn't of age to give willing consent either, so by your logic, they are BOTH sex offenders.