It's not Culture, it's Criminal

"His life will never be the one that he dreamed about and worked so hard to achieve…. That is a steep price to pay for 20 minutes of action out of his 20 plus years of life.”

Let those words sink in. The father of a convicted sex offender uttered those words in a letter lamenting the fact that his son, again, a convicted sex offender, would have to pay a steep price of a whopping six months of jail for committing sexual assault.

*blink blink*

Let me explain a few things to this gentleman:

Sexual assault is not "20 minutes of action." Your son knowingly took advantage of an inebriated young woman. He ignored that fact that she was drunk, blaming his own drunkenness for his actions, actions which entailed removing the woman's clothing and physically accosting her. Evidence showed that the woman was unconscious when two passers-by witnessed the assailant in the process. He ran; thanks and praise go out to the two good Samaritans who recognized the assault, chased him, and detained him until the police arrived. No, you weren't getting twenty minutes of action, Brock Turner; you were committing a crime, a violent crime, and you got caught red handed.

Even assuming the woman was cognizant enough to say yes, as the assailant claims, she was highly intoxicated. I'll spare you the legal analysis, but courts have regularly held that a woman, or anyone in that condition, is incapable of consenting. "We both made bad decisions," the assailant said, or something to that effect. I can't deny that; she was foolish to get that drunk. That is no excuse for his criminal actions, i.e. sexually assaulting a woman incapable of consenting or resisting. And it was his decision. She couldn't stop him. But he did it anyway. Consciously. Yet dear old dad wants us to pity his son and is sad that his boy won't live a happy-go-lucky life anymore.

Then perhaps maybe he shouldn't have chosen to assault a defenseless woman.

It's literally that simple.

But he didn't make the choice to aid her; he assaulted her. He brought her behind a dumpster, removed her clothing, and assaulted her. He blamed the alcohol. His attorneys questioned her alcohol use and sexual tendencies. They attempted to shift blame for his committing a sexual assault to the victim.

To. The. Victim.

And now dad is upset because his boy doesn't enjoy a rib-eye steak anymore.

Gee, if he only hadn't decided to SEXUALLY ASSAULT SOMEONE, maybe his life would have turned out differently.

Daddy goes on to say how his son isn't the same person anymore, and suffers fear and anxiety now.

*blink blink*

How do you think the woman your son assaulted feels, you magnanimous, misogynistic, self-entitled asshole?  Oh, wait, you didn't consider that at all. Because all you care about is the effect your son's crime will have on him.

But I suspect that's not all dad cares about. I suspect that dad cares as much about the fact that he now has a son who's been convicted of a sexual assault, and is concerned about the effect that will have on him and his reputation. Because that's what magnanimous, misogynistic, self-entitled assholes do.

The fact that the term "rape culture" even exists is a testament to how little these men think of women, and how poorly the justice system addresses these crimes. No, it's not a culture; it's criminal.

The judge gave perhaps one of the most lenient sentences I've ever seen in these cases, six months jail, three months of probation, because of the "severe impact" a heavier sentence would have on the assailant.

Are you fucking kidding me?

Wait… I mean… are you FUCKING KIDDING ME????

He committed a sexual assault. A jury convicted him. First-person witnesses both caught him in the act and caught him as he tried to flee the crime scene. And this judge was concerned about the sever impact a tougher sentence would have on this convicted sexual offender.

As a man, this story appalls me. As a human being, this story enrages me. As an attorney, this story makes me question the legitimacy of my profession. The defense lawyers disgust me. The judge should be removed from the bench and from the practice of law, as he is clearly unfit to wear the robe.

But the convicted sexual predator had no priors, so….

He. Didn't. Need. Any.

He committed a violent, sexual crime, one he clearly had no issue in committing as his father even more clearly never demonstrated to his son that such actions are wholly, unequivocally, undeniably, unacceptable.

Rape culture. There you have it.

This case represents failures on so many levels it's astounding. It begins with the clear parenting failure of a father who condones his son's criminal acts and seeks pity for the effect such acts have on the one committing the crime. It carries to a young, ignorant, pathetic man who, despite his parents' failures, still should have known better than to assault an inebriated and unconscious woman. It continues to the defense attorneys who took what I presume to be daddy's almighty dollars to handle the defense of a sexual predator that was caught in the act of committing the crime. Finally, the judge's utter and complete failure in rendering a justifiable sentence places the largest exclamation point on the absurdity that was this judicial fiasco.

The boy was convicted. Of sexual assault. Proven. There is a victim. She will be a victim the remainder of her days, unable to change what had been done to her.

But by all means let's make sure the convicted offender is shielded from further scrutiny or impact.

Revolting.

I'm ashamed to say I share the same profession as the judge in this case. I truly am. That one sworn to uphold the law and administer justice could act in such a manner, in the face of the poignant letter written and read to the court by the victim…. Abominable.

The precedent this case presents is inexcusable, and dangerous. The sentencing shows to all the young, entitled, affluent young men out there that they can go ahead and do what they want to a woman, take what they want from her, and they will get a proverbial slap on the wrist in terms of actual justice. With daddy's money and influence, do you really mean to tell me that in less than a year's time this sexual predator's life won't be back on track? Please.

Rape culture.

I've read the entirety of the victim's statement, and I suggest that everyone read it. I am proud of this young woman for finding the strength and courage to write it. Many victims don't, and frankly there is no shame in their actions. If I were in that position, I very likely would do everything and anything I could to purge the memory of the event from my mind forever. I hope and pray that this young woman's strength holds, and grows, as she is a beacon for other victims.

Her assailant is nothing more than an example of how wealth and privilege excuse ignorance and criminal activity.

She can't sleep at night. Can you, judge? Can you, attorneys who defended this predator? Can you, dad, who felt your son shouldn't be severely punished? And how about you, Brock? Oh, right, you feel anxious. I guess that's good enough, according to the judge. After all, you have a whole life to lead.  

His sentence is six months.  

Hers is a lifetime.

Rape culture.

And I'm ashamed.

© 2016 J.J. Goodman. All rights reserved.