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

[Demovictory9]

https://www.nytimes.com/2019/07/02/nyregion/judge-james-troiano-rape.html?action=click&module=Top%20Stories&pgtype=Homepage

Teenager Accused of Rape Deserves Leniency Because He’s From a ‘Good Family,’ Judge Says
The family court judge also said the victim should have been told that pressing charges would destroy the accused’s life.

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.

[Sherman A1]

1. Sad

One hopes that the Judge finds employment in another line of work. He apparently lacking empathy for the victim and appears to be rather tone deaf.

[LisaL]

9. He actually seemed to be considering that defendant is a victim here.

Because bringing charges will ruing defendant's life.

[JHB]

2. He comes from a well-off family. His actions argue against it being...

...a "good" one. It seems that no one, much less this judge, advised him that he would destroy his life by assaulting people.

Good for the appeals court for ruling against him.

[mucifer]

3. These kind of cases make me think the judge is a rapist. No proof obviously

But, that's what I think.

[brewens]

4. That should be enough to get him on Trumps short list for SCOTUS. Just hope he doesn't

get to appoint another.

[malaise]

5. The judge should have been impeached

and removed. The prosecutor should have been fired.

[LisaL]

8. Judge is already retired.

They bring him back to fill vacancies.
For what exactly should the prosecutor be fired? He asked for the defendant to be tried and adult, and successfully appealed judge's decision, so apparently defendant could be tried as an adult. So what exactly do you want to fire the prosecutor for? Doing his job well?

[JHB]

10. What did the prosecutors do? The judge scolded them for bringing the case...

...and for motioning that the guy be tried as an adult.

I think you misread that, malaise. Or else I did.

[LisaL]

11. You didn't misread anything. Seemed like prosecutor did his job, asked for defendant to be tried as

an adult, then when judge ruled against that, won an appeal. So defendant can be tried as an adult.

[renate]

6. so... after reading the story... she got drunk. He committed RAPE

It pisses me off so much that her being intoxicated is in any way an excuse for his behavior. She got drunk and harmed no one, he committed a felony assault.

[Dennis Donovan]

7. It couldn't have been TOO good of a family since they raised a monster.

[Sherman A1]

12. Agreed

Spot on!

[avebury]

13. Otherwise known as the Donald

J. Trump defense.

[jmowreader]

14. I would have liked to be the prosecutor on this case

“Trying this fine, upstanding lad as an adult for rape? Don’t you know this could destroy his life?”

“That’s why we’re doing it, Your Honor. He already destroyed hers.”