Judge says 16 year old by accused rape deserves leniency because he comes from a "good family". Thoughts?

[ciitruskiwi]

Judge says 16 year old by accused rape deserves leniency because he comes from a "good family". Thoughts?

"A drunk 16-year-old boy filmed himself assaulting an intoxicated 16-year-old girl from behind in a darkened basement gym at a pajama-themed party in New Jersey. The girl’s head, hanging down, repeatedly hit the wall. Prosecutors said the boy later sent the video to seven of his friends, texting them, “when your first time having sex was rape."

Monmouth County prosecutors in 2017 sought to charge the boy as an adult with first-degree aggravated sexual assault, among other charges, saying that he “engaged in vaginal intercourse” with the girl when she was “visibly intoxicated, physically helpless and unable to provide consent.”

But a New Jersey family court judge last July denied the prosecutors’ motion to try the boy as an adult — on the grounds that he was an Eagle Scout who came “from a good family” and who could get into a “good college” because of his excellent grades.

Judge James Troiano also suggested that the boy’s alleged actions didn’t fit “the traditional case of rape” — which, according to him, occurs when “two or more men” “clearly manhandle” a victim at gunpoint. Troiano also expressed concerns that the prosecutor had not explained to the alleged victim “the devastating effect” the case would have on the accuser’s life if he was tried as an adult. As to the teen’s text message to his friends referring to the rape, Troiano dismissed it as “stupid crap” a 16-year-old says to his friends"

Thoughts? My thoughts... HOW THE FUCK IS THIS GUY A JUDGE? WHO THE FUCK GAVE THIS IDIOT A LAW DEGREE? I mean honestly though, this fucking judge thinks rape can only happen at gun point and if it involves more than one man. How much more ignorant can you possibly be? And he dismisses the boy's text message as "stupid crap a teenager says to friends". NO IT ISN'T. STOP MAKING EXCUSES. and people say rape culture doesn't exist when we are clearly making excuses for rapists and more worried about the rapist's future and re-victimizing victims. 🤬😡

[TripleAce]

Judges that have served for 70 years... you have to remember the time they were born in... also their rulings are generally a compilation over the course of all the rulings they’ve had over their career...
A judge is just that, a judge... their job is to look at the evidence but also ‘judge’ what is appropriate

Say a judge has sent 10 people to life in prison but only 2 actually rehabilitated and the rest didn’t. The judge might be skeptical to send someone to life in prison the next time, maybe... based on previous experience

In this case the judge had his own definition of rape, which I do find is silly. But he didn’t feel the kid should be trialed as an adult, which I could see his point. Kids do stupid things
He also said he doesn’t know how intoxicated the girl actually was. Judge also was saying how he didn’t see malicious intent or anything calculated...

Basically what it seemed like is, the judge is making a discretionary ruling based on his judgement that it would serve the kid better not to be sent to adult court... he might just end up more psycho after that

But either way, the prosecutors blasted through and he going to adult court now...

[goaded]

"Kids do stupid things " Yes, they play with fire, they jump off high places, but they know they're stupid things. But they're not wrong things. Stupid things hurt themselves, wrong things hurt others.

[TripleAce]

@goaded i completely understand But i also can see how a judge does what a judge does This isn't the first time a judge makes a rulling thats a bit off. Judges also can sometimes give overly harsh sentences So i think its balanced. Sometimes its ok to let one thing go based on your judgment about how you think the kid will grow up If he grows up to become a champion and genuinely regrets what he did. The judge made the right call It’s not clear cut according to the judge Based on calculated rape, maliciousness, how intoxicated she is and so on I dont know the full details. But i do know judges can be lenient or harsh depending

[MrOracle]

So, the follow-up to this story is that this guy IS being tried as an adult (as he damn well should be!), as the appellate court reversed the decision, and the judge has been criticized by both the appellate court and by lots of other people.

The judge is 89 and had previously retired when he was recalled to serve as judge again - but it sounds like they need to find a replacement and let him retire again - he's just too out of touch with society at this point. That "from a good family" bullshit might have worked in the 60s, but it has no place in the 2010s.

[SarahsSummer]

I completely disagree with the judges assumptions that rapes occur with two or more men, yada tads... as eight out of ten rapes are committed by a person known to the victim, and 90% of rapes are perpetrated by one person. That said, I do believe circumstances as well as violator history should play a role in determining sentencing and society’s risk in allowing him (or her) to walk among the community. By any measure, what this kid did is heinous and deserves a strong punishment and a message that it is simply not acceptable behavior, the assault AND the distribution of his assault to others. Try him as a minor but distribute a strong sentence.

[Harmseygrace]

Fucking hell that pisses me off. I wanna fucking kill him. If that was my kid, I would never beat my kid, ever, but if he did something like that, he deserves the shit scared out of him. They just let him get away with that, so now going off to rape again. he's a fucktard. I would want that judge to put my kid in jail, happily. I couldn't have a kid like that.

[Harmseygrace]

The affect its going to have on a rapists life? What about the fucking affect its going to have on that girls life?

[ciitruskiwi]

Right? They're concerned about the boy but no one seems to give two shits about this poor girl. The guy chose to ruin his own life, she didn't choose shit. And if my son ever did this I wouldn't even bail him out of jail. I'd make sure he goes in, serves his time and he'd be lucky if I still consider him my son afterwards.

[Harmseygrace]

I wouldn't consider him my son after that. I could care less about what happens to him.

[jennifer_bloom]

There was a judge in Canada who did that and he lost his job.

[MrOracle]

And should have.

[Tyme1313]

It depends, was she unconscious? From your description she was just drunk, in which case the case should have been dropped immediately. If both parties are drunk and conscious then consent can be given. If the argument that being drunk removes consent, than the girl would have to be charged as well, otherwise it is a sexual discrimination case which is against federal law under the 1964 civil rights act.

If she was unconscious then no, throw the book at him. Especially if he was dumb enough to film it. That is just admitting to a crime.

[sejla]

There is a huge scandal in Korea with similar cases like this linked to celebrity and rich businessmen sharing their taped consensual sex as well as rape tapes. This young man is a danger. He needs to be at least in a lock up hospital. If it was consensual sex recorded without consent the most he could get is 2 years in the U. S.

[daydreammarie]

That's disgusting. 16 is old enough to know what you are doing on top of that to brag is sick. The judge himself needs to go to jail as well. What about the girl? What about her future and her family? Does her future not matter? That boys actions probably fucked her life up more than his actions did to him. People like that make me sick.

[truthbeknown]

He must have a rich dad or some bullshit.

[ciitruskiwi]

Wouldn't be surprised in the slightest.

[Izumiblu]

Yah well New Jersey is full of idiots

[TacocaT6969]

Now that word has spread, he’d be safer in prison.

Vigilante justice is going to pick up where the justice system failed.

[OlderAndWiser]

"HOW THE FUCK IS THIS GUY A JUDGE?" Many judges are appointed by the governor and not elected by the people.

"WHO THE FUCK GAVE THIS IDIOT A LAW DEGREE?" Expressing moronic opinions doesn't mean that he has a low IQ and can't pass tests. He may not have expressed opinions like this before he ascended to the bench.

"this fucking judge thinks rape can only happen at gun point" Yes, that is a stupid opinion.

"and if it involves more than one man." Equally stupid.

"And he dismisses the boy's text message as "stupid crap a teenager says to friends." I see it as a warning sign.

This story is not over. Expect to hear more about consequences for this judge.

[SapphireFox]

The boy and the judge both need their dicks cut off

[Red_Arrow]

I believe I read he was a retired judge brought back because of shortages. He is senile and needs to be permanently "retired".

[ciitruskiwi]

Seriously? The article I read didn't include that but that's even worse. Even still the fact that he was ever a judge is just baffling.

[markscott]

Equal justice says that leniency should not come because a Person has a good family. The girl who was raped should be the focus. She has a sentence, of sorts, that was not her fault, was not her choice. She will live with the memory, and the repeated memory of the rape for the rest of her life.

[abc3643]

That judge is in a word of shit.
www.nytimes.com/.../judge-james-troiano-rape.html

[ciitruskiwi]

That is what I'm hoping for and that's what this judge deserves.

[abc3643]

The NJ Court of Appeals wrote a "rebuke" that the judge erred.

"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.

In doing so, the appeals court cleared the way for the case to be moved from family court to a grand jury, where the teenager, identified only as G. M. C. in court documents, will be treated as an adult. New Jersey law allows juveniles as young as 15 to be tried as adults when accused of serious crimes, and the grand jury will weigh whether to indict him on the sexual assault accusation."

This is the rebuke:
law.justia.com/.../a0223-18.html

[ciitruskiwi]

Good and thank you for sharing this.

[abc3643]

That boy is going to be up shit creek. He won't get a huge sentence, but he will get at least a year. A cop is up shit creek too for suggesting that the boy destroy the evidence. I see conspiracy and/or obstruction charges looming. 2 men, a boy, and a girl - 4 lives fucked up because teen boys don't know how to control themselves and adult males are looking the other way. That boy better do time. That cop needs to be demoted or dismissed. The judge needs to retire - now.

[ciitruskiwi]

@abc3643 completely agree. This whole case is just fucked. Everything about it.

[BCA6010]

This is my opinion:

Justice is (well... Should be) blind. It doesn't matter where you come from, what the rest of your past looks like, etc- if you did something wrong, there comes a time when you have to pay for it. Period. No special treatment and no leniency.

[goaded]

Damn right. It's bad enough that rich people have better lawyers, but judges should be aware that that sort of thing happens and correct for it, not make it worse.

[normalice]

sorry but if the boy and the judge are both still in good health after a week or so I'll be disappointed in their community.

[naijagurl]

That’s ridiculous wtf? His family life should have no impact on this. He committed the crime and he should pay the time.

[Sevenpointfive]

none of this sounds like rape. the video might convince me otherwise. just a jackass kid happy to get laid.

[goaded]

So, you want to watch a video of two 16 year olds (one unconscious) having sex?

[Sevenpointfive]

@goaded i am saying that it wouldn't hold up to a jury. the detectives have to watch it. are you going to say the same thing to them? no. if i was a detective i'd make better sense of what was actually happening in the video. that's all i'm saying. and don't act like i haven't seen two 16 yr. olds have sex right in front of me. i was 16 years. old once too.

[goaded]

I expect the detectives and the prosecutor have seen the video, and that's why they're prosecuting and want to prosecute him as an adult. They think the evidence will convince a jury, why on earth do you think you know better than them? Even the accused thinks it was rape, ffs.

[Sevenpointfive]

@goaded i hope they show the jury because i would not believe it without seeing it. it's heresay. did she go to a hospital afterwards to get a rape kit done? there's a lot of stuff we don't know from what you posted. i'm not saying he's innocent, but i'm not saying he's guilty.

[Alpha09]

At 16 you should know better. Doesn't matter if he was drunk or not, he chose to drink and he needs to take responsibility for his actions just like the rest of us. Not to mention he filmed and sent it to his friends. He should get what he deserves. And that judge can go fuck himself.

[Any1iguess]

Unfortunately these kind of cases are so common nowadays

[cphipps48]

I saw the story on the news, both the judge and the kid deserve a lengthy prison sentence if you ask me, both of them should know better.

[Bananaman177]

That means the boy is Jewish.