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trueblue2007

(17,203 posts)
Tue Apr 7, 2015, 04:55 PM Apr 2015

Creepy Judge Reduces Pedophile’s Sentence, Suggests Little Girl Caused Her Own Rape

A California judge reduced the sentence of a child rapist, arguing that the pedophile meant no harm to the 3-year-old girl he sexually assaulted. in June 2014, Kevin Rojano raped a 3-year-old relative who wandered into the garage while he was playing video games. He kept the girl silent by placing his hand over her mouth while the girl’s mother tried to get into the locked garage door to look for her.

Rojano released the girl after violating her, but was arrested by police after the girl cried about the pain to her mother. In December, Rojano was supposed to be sentenced to a mandatory 25 years to life in prison, but now he has a new friend: Judge M. Marc Kelly of the Orange County Superior Court.

JUDGE Kelly disgustingly argued in his written decision that Rojano never meant to harm the girl and claimed Rojano isn’t a pedophile. Kelly also seemed to blame the 3-year-old girl for causing her own rape.

“In looking at the facts of Mr. Rojano’s case, the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case. Mr. Rojano did not seek out or stalk (the victim). He was playing video games and she wandered into the garage. He inexplicably became sexually aroused but did not appear to consciously intend to harm (the victim) when he sexually assaulted her. Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child. There was no violence or callous disregard for (the victim’s) well-being.”

here is story http://www.addictinginfo.org/2015/04/07/creepy-judge-reduces-pedophiles-sentence-suggests-little-girl-caused-her-own-rape/

AND ....... Provide Justice for 3 Year Old Rape Victim

https://www.change.org/p/judge-says-child-rapist-didn-t-mean-to-hurt-the-3-year-old-toddler-he-sodomized

79 replies = new reply since forum marked as read
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Creepy Judge Reduces Pedophile’s Sentence, Suggests Little Girl Caused Her Own Rape (Original Post) trueblue2007 Apr 2015 OP
Times like this, Kelvin Mace Apr 2015 #1
in my opinion, the judge should be removed from the bench trueblue2007 Apr 2015 #2
Well, see the rapist showed true remorse. justiceischeap Apr 2015 #3
13,000 signatures on recall petition so far. niyad Apr 2015 #43
How many needed? n/t. Ken Burch Apr 2015 #48
Both the pedo and this judge should be hanged. PeteSelman Apr 2015 #4
Not tortured. Just removed. They'll never change. n/t freshwest Apr 2015 #64
"He inexplicably became sexually aroused..." Nothing inexplicable about it Tom Ripley Apr 2015 #5
and the pedophile/rapist who VIOLENTLY VIOLATED the child = jail for rest of his life. trueblue2007 Apr 2015 #9
"Inexplicably" sexually aroused? No violence? AZ Mike Apr 2015 #6
To all sane individuals, sexual penetration of a three year-old would be considered violence. Yo_Mama Apr 2015 #74
The judge's quotes make no sense to me. aikoaiko Apr 2015 #7
This judge should be exposed as a pedophile as well, only a pedophile would defend such actions AZ Progressive Apr 2015 #8
my thoughts too. he seems to have an Saphire Apr 2015 #34
JAIL THE JUDGE TOO for whacking 15 years off a MANDITORY sentence!!! trueblue2007 Apr 2015 #10
I know I always cover someone's mouth when I'm showing regard for their well-being arcane1 Apr 2015 #11
I'm going to go throw up now. n/t Avalux Apr 2015 #12
"There was no violence or callous disregard for (the victim’s) well-being." - what the actual fuck? cyberswede Apr 2015 #13
there has to be a petition out there in computer land about this ROTTEN JUDGE and this case trueblue2007 Apr 2015 #14
Here's the Petition PADemD Apr 2015 #15
thanks PAD for posting the petition for this sad case. trueblue2007 Apr 2015 #23
Thanks. I signed. They have almost 5,000 signatures already. yardwork Apr 2015 #25
over 25,000 now. niyad Apr 2015 #44
Thank you. 840high Apr 2015 #27
done Liberal_in_LA Apr 2015 #32
signed! nt steve2470 Apr 2015 #62
some crimes have no alternatives, but the death penalty NM_Birder Apr 2015 #35
Then there is no incentive for pedophiles to not murder their victim. n/t tabasco Apr 2015 #67
you and I will not see eye to eye. NM_Birder Apr 2015 #70
I merely stated a fact. tabasco Apr 2015 #71
you stated an opinion, and disguised it as fact NM_Birder Apr 2015 #73
Everything is "automatic death penalty" on comment boards on the Internet. Even liberal boards. Fred Sanders Apr 2015 #78
What??!! Delphinus Apr 2015 #16
Creepy? A-Schwarzenegger Apr 2015 #17
LA talk radio is all over this one. Calling for a recall election Liberal_in_LA Apr 2015 #18
He should be charged for failing his duties Omaha Steve Apr 2015 #22
Now I've heard it all. lpbk2713 Apr 2015 #19
The judge- Scumbag M Marc Kelly is CRIMINAL, not creepy Tsiyu Apr 2015 #20
also, post 15 has a petition. i signed. nt seabeyond Apr 2015 #21
I ADDED PETITION URL to my original post. please let your friends know about it trueblue2007 Apr 2015 #24
This judge needs to be removed. 840high Apr 2015 #26
Hillary did something very similar Man from Pickens Apr 2015 #28
I remember. 840high Apr 2015 #29
It's from the Daily Heil in the UK.... truebrit71 Apr 2015 #37
video speaks for itself Man from Pickens Apr 2015 #39
I'm no fan of Hillary, BUT . . . markpkessinger Apr 2015 #51
three points Man from Pickens Apr 2015 #54
Is there video? (not a snippet) Is there a respectable journalistic source? If true, there will be Hekate Apr 2015 #60
Applying the "it's not RAPE-rape!" defense to a piece of shit who raped a toddler? Scootaloo Apr 2015 #30
There is no defense for this piece of shit, and the judge is a piece of shit too. Initech Apr 2015 #50
Seems to me someone needs to investigate this judge's background. Kablooie Apr 2015 #31
Please continue to help this news go viral, chervilant Apr 2015 #33
Here's what the scumbag judge looks like: Arugula Latte Apr 2015 #36
Contact info. and link to Facebook page calling for his removal from the bench: Arugula Latte Apr 2015 #38
Look at this: This same asshole went easy on a CHP officer who raped a 13-year-old girl Arugula Latte Apr 2015 #40
K&R and signed. nt Quackers Apr 2015 #41
No words to accurately describe how I feel about this case. Initech Apr 2015 #42
I agree times 10 gazillion. Ken Burch Apr 2015 #47
an absolutely sickened k and r niyad Apr 2015 #45
Does Orange County have a recall mechanism for judges? Ken Burch Apr 2015 #46
"Inexplicably became sexually aroused" markpkessinger Apr 2015 #49
His sister. The girl was his sister. Yo_Mama Apr 2015 #76
Prosecutor to appeal judge’s lighter sentence for man who raped 3-year-old girl Jefferson23 Apr 2015 #52
Another judge 2naSalit Apr 2015 #53
I think I am going to be sick. sheshe2 Apr 2015 #55
Some days it doesn't pay to read the news mythology Apr 2015 #56
I can't even...begin iwillalwayswonderwhy Apr 2015 #57
Somebody oughta look into that judge's closet. nt truebluegreen Apr 2015 #58
Signed. What's "inexplicable" is that man who has no business being on the bench. Ever. Hekate Apr 2015 #59
Maybe we need to require a mental check for judges, rulings like these needs the judge to serve time Thinkingabout Apr 2015 #61
I am still far to angry to respond with anything that won't be a rant. Kalidurga Apr 2015 #63
The judge sounds like a pedophile. romanic Apr 2015 #65
2nd kick! Quackers Apr 2015 #66
"He inexplicably became sexually aroused..." Tierra_y_Libertad Apr 2015 #68
Disbarment Required sub.theory Apr 2015 #69
3rd kick! Quackers Apr 2015 #72
More information about this case. Yo_Mama Apr 2015 #75
Of course defendant didn't seek out or stalk the victim (as the judge pointed out), since the victim LisaL Apr 2015 #77
It's literally nuts. Yo_Mama Apr 2015 #79

trueblue2007

(17,203 posts)
2. in my opinion, the judge should be removed from the bench
Tue Apr 7, 2015, 04:58 PM
Apr 2015

I THINK THE JUDGE IS SICK. He cut the rapist "sentence by 15 years and actually sympathized with him instead of the little girl Rojano raped."

i wonder, would the sentence be different if the 3 year old child would have been a BOY ??
What does it take to PUT AWAY CRIMINALS in this country. I mean PUT THEM away so they won't harm anyone else.

PeteSelman

(1,508 posts)
4. Both the pedo and this judge should be hanged.
Tue Apr 7, 2015, 05:01 PM
Apr 2015

Every day there's a new outrage in this country. It's unreal.

 

Tom Ripley

(4,945 posts)
5. "He inexplicably became sexually aroused..." Nothing inexplicable about it
Tue Apr 7, 2015, 05:06 PM
Apr 2015

He became aroused because he is a freakin' pedophile.

trueblue2007

(17,203 posts)
9. and the pedophile/rapist who VIOLENTLY VIOLATED the child = jail for rest of his life.
Tue Apr 7, 2015, 05:13 PM
Apr 2015

i mean .... he had for-thought in committing this crime. he locked the garage door. the child's mom hearing baby cry, beat on the garage door!!!


VIOLENT!!


THROW THE JUDGE IN JAIL TOO.

AZ Mike

(468 posts)
6. "Inexplicably" sexually aroused? No violence?
Tue Apr 7, 2015, 05:09 PM
Apr 2015

1) What license do you have as a man if you are to wake up with morning wood?

2) He raped a child. Is that not in and of itself violence?!?!?

Yo_Mama

(8,303 posts)
74. To all sane individuals, sexual penetration of a three year-old would be considered violence.
Sat Apr 11, 2015, 10:19 AM
Apr 2015

One is awed by this. but not in a good way.

AZ Progressive

(3,411 posts)
8. This judge should be exposed as a pedophile as well, only a pedophile would defend such actions
Tue Apr 7, 2015, 05:13 PM
Apr 2015

as well as blame the victim in this case.

That judge should have his "human" membership revoked. He is not human.

trueblue2007

(17,203 posts)
10. JAIL THE JUDGE TOO for whacking 15 years off a MANDITORY sentence!!!
Tue Apr 7, 2015, 05:19 PM
Apr 2015

LOOK AT WHAT THIS SLIMEBALL SAYS ...... "Kelly agreed that under most circumstances the sentence would be appropriate.

“However, in looking at the facts of Mr. Rojano's case, the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case,” Kelly said. “Mr. Roiano did not seek out or stalk (the victim). He was playing video games and she wandered into the garage. He inexplicably became sexually aroused but did not appear to consciously intend to harm (the victim) when he sexually assaulted her.”

The defendant “almost immediately” stopped and “realized the wrongfulness of his act,” Kelly said.

“Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child,” Kelly said. “There was no violence or callous disregard for (the victim's) well-being.”

The judge also noted the defendant “has shown extreme remorse for his actions and has been willing to accept the consequences,” Kelly said.

http://www.ocregister.com/articles/girl-656753-bokosky-child.html


ACCEPT THE CONSEQUENCES YOU A-HOLE JUDGE???? fine, keep the 25 year mandatory sentence! And by the way..... give yourself a 25 year sentence in jail for "sort of" raping the child all over again.


 

NM_Birder

(1,591 posts)
35. some crimes have no alternatives, but the death penalty
Wed Apr 8, 2015, 12:23 PM
Apr 2015

There is no salvation for a creature that rapes a 3 year old........ regardless if he didn't "intend" harm her while sodomizing a 3 year old.

What the fuck / was he innocently playing video games when he was seduced and accidentally raped a 3 year old ?
there is no excuse for the owner of a penis, that was placed inside a child to be allowed to live. there is no excuse, no forgiveness and no chance of that animal evolving into a human being.

my opinion ? ........just toss his fucking corpse in a hole, good riddance.

 

NM_Birder

(1,591 posts)
70. you and I will not see eye to eye.
Fri Apr 10, 2015, 09:14 AM
Apr 2015

I will never understand the "incentive" program for lighter sustenances for pedophiles to commit the crime of rape. I cannot buy the theory that negotiating a lighter sentence with a rapist is in the best interest of the victim.

If the punishment is not severe, what exactly is the "incentive" for a rapist to NOT rape ? rapist deserve nothing but a hole in the ground to be tossed into. just like a rabid dog, they need to be put down.

A rape victim should NEVER have to worry about running into the rapist at the grocery store. To me there is hardly a line between rape and murder, they both take a life. it's rapists that some seem to have compassion for, not me.

 

tabasco

(22,974 posts)
71. I merely stated a fact.
Fri Apr 10, 2015, 10:55 AM
Apr 2015

A rational criminal justice system is established for the betterment of everybody, including victims and perpetrators.

Instituting an automatic death penalty for child rapists would result in more rape victims getting murdered. If you're okay with that, that's your business.

 

NM_Birder

(1,591 posts)
73. you stated an opinion, and disguised it as fact
Sat Apr 11, 2015, 09:32 AM
Apr 2015

it's a common mistake made around here. Your opinion is one I Disagree with.

Your "fact" regarding the execution of rapists is imaginary, your attempt at a little guilt shame there at the end to try and prove a point was adorable.

lpbk2713

(42,751 posts)
19. Now I've heard it all.
Tue Apr 7, 2015, 08:17 PM
Apr 2015



There should be no leniency for the sexual assault of a three year old.
The perp should receive the maximum sentence. And the judge should
be made to answer for this denial of justice to the victim and her family.

Tsiyu

(18,186 posts)
20. The judge- Scumbag M Marc Kelly is CRIMINAL, not creepy
Tue Apr 7, 2015, 08:45 PM
Apr 2015

Creepy is somebody who MIGHT be dangerous. CRIMINAL is someone who already is. Can you imagine how that child will feel as she grows up and learns that a judge said her rape is just great and to be expected since she wandered too close to a man with a penis?

It's difficult enough for survivors of childhood rape to get over the shame and guilt. Judge M. Marc Kelly is a goddamned beast, a fucking psychopath who just gave a red light to every toddler-raper in his jurisdiction.

I won't say what I hope happens to Judge M. Marc Kelly. From his words, I surmise he, himself MUST be a child rapist or is into child porn. THERE IS NO OTHER EXPLANATION. What the rapist he excused did is only abhorrent to NORMAL people, not to child rapists like Judg M. Marc Kelly must obviously be. I hope Judge M. Marc Kelly's victims, if he is a child rapist as I suspect, are encouraged to step forward and report him now that his community support will be all but destroyed.

Here is contact info for those who would like to call this beast what he is. He makes me long for the death penalty.

(657) 622–5239

trueblue2007

(17,203 posts)
24. I ADDED PETITION URL to my original post. please let your friends know about it
Tue Apr 7, 2015, 10:28 PM
Apr 2015



~~~~~~~~~~~~~~~~~~~ GET RID OF THAT JUDGE ~~~~~~~~~~~~~~~~
 

Man from Pickens

(1,713 posts)
28. Hillary did something very similar
Tue Apr 7, 2015, 10:39 PM
Apr 2015

Defended a child rapist using the argument that the (12-year-old) girl brought it on herself, then laughed about it in an interview years later.

http://www.dailymail.co.uk/news/article-2658801/I-never-trusted-polygraph-Hillary-Clinton-LAUGHS-recalls-helped-suspected-child-rapist-walk-free-prosecution-lost-crucial-evidence.html

and this is our leading prospective candidate for 2016

 

truebrit71

(20,805 posts)
37. It's from the Daily Heil in the UK....
Wed Apr 8, 2015, 12:34 PM
Apr 2015

...do you have another source that isn't so right-wing?

I'd not heard about this before, and it is certainly very unpleasant if true...

 

Man from Pickens

(1,713 posts)
39. video speaks for itself
Wed Apr 8, 2015, 12:41 PM
Apr 2015

and a search of "Hillary laughs child rapist" or something similar will turn up a wealth of results, at least some of which are sure to be from sources to your liking

markpkessinger

(8,392 posts)
51. I'm no fan of Hillary, BUT . . .
Wed Apr 8, 2015, 10:17 PM
Apr 2015

. . . comparing a lawyer defending a client charged with a crime -- even a heinous one -- to a judge undercutting the MINIMUM sentence for a convicted criminal, is REALLY inappropriate!

 

Man from Pickens

(1,713 posts)
54. three points
Wed Apr 8, 2015, 10:30 PM
Apr 2015

1) defending a client to the best of one's ability, and laughing about getting him off when she knew he was guilty, are two very different things.

2) her defense argument in that case was almost the exact same reasoning the judge here is putting forth

3) she repeated the behavior many years later with no legal obligation when she led the world's still-to-date biggest slut-shaming operation in history

She's earned these comparisons. I have no need to invent anything new in order to show that she is a vile, evil, vicious person that has no place wearing a (D) tag on a ballot.

Hekate

(90,624 posts)
60. Is there video? (not a snippet) Is there a respectable journalistic source? If true, there will be
Wed Apr 8, 2015, 11:02 PM
Apr 2015

...sources known for not making things up about our side.

Thank you.

 

Scootaloo

(25,699 posts)
30. Applying the "it's not RAPE-rape!" defense to a piece of shit who raped a toddler?
Tue Apr 7, 2015, 10:43 PM
Apr 2015

Staggering. Simply fucking staggering

Initech

(100,059 posts)
50. There is no defense for this piece of shit, and the judge is a piece of shit too.
Wed Apr 8, 2015, 10:15 PM
Apr 2015

Anyone who would do that to a 3 year old deserves their life to be a living, breathing hell. Fuck them both.

Kablooie

(18,623 posts)
31. Seems to me someone needs to investigate this judge's background.
Tue Apr 7, 2015, 10:50 PM
Apr 2015

This is bizarre.
There must be something going on other than what he stated at play here.

chervilant

(8,267 posts)
33. Please continue to help this news go viral,
Wed Apr 8, 2015, 11:51 AM
Apr 2015

so that this "judge" is removed from the bench and prevented from further victimizing children who've been raped.

Please sign the petition (link herein above).

 

Arugula Latte

(50,566 posts)
38. Contact info. and link to Facebook page calling for his removal from the bench:
Wed Apr 8, 2015, 12:36 PM
Apr 2015
https://www.facebook.com/removejudgekellyfromthebench

Judge Michael Marc Kelly, Orange County Superior Court, Central Justice Center, 10th Floor, Dept. C39,700 Civic Center Drive West, Santa Ana, CA 92701 ... Phone: 657-622-5239

Presiding Judge, 4050 Main Street, Riverside, CA 92501

The Commission on Judicial Performance, 455 Golden Gate Ave., Suite 14400, San Francisco, CA 94102-3660, (Phone: 415-557-1200)

Kamala Harris, Attorney General, California Department of Justice, P.O. Box 944255, Sacramento, CA 94244-2550


 

Arugula Latte

(50,566 posts)
40. Look at this: This same asshole went easy on a CHP officer who raped a 13-year-old girl
Wed Apr 8, 2015, 12:43 PM
Apr 2015

One Orange County judge signals his philosophy to jurors by hanging a poster of a shoot-first-ask-questions-later Clint Eastwood character in his courtroom. Judge M. Marc Kelly is more subtle. The wall to Kelly’s left—the one that faces jurors who sit in his 10th-floor courtroom—is loaded with Notre Dame paraphernalia, including a headshot of the university’s loudmouth former football coach, Lou Holtz. It’s odd artwork in a criminal-justice setting for several reasons, including that Holtz famously uttered about a player, “He had shoulder surgery on his elbow.”

In the Orange County district attorney’s office, many believe Kelly recently made his own gaffe. He ignored prosecution and probation department requests of stern punishment for a condom-carrying, 51-year-old police officer who attempted to have sex with a 13-year-old Laguna Beach girl after she revealed her parents had left home for the evening. Prosecutor Robert Mestman wanted Stephen Robert Deck sent to prison because Deck had loudly proclaimed his innocence, lost a lewd-conduct jury trial in 2009, isn’t remorseful and “continues to be a danger to society.”

During the March 19 sentencing, a weepy, trembling Deck—who was a California Highway Patrol (CHP) lieutenant in OC when he was arrested in February 2006—pleaded for mercy. Reading from a handwritten note, he told Kelly that he had “no excuses,” he wasn’t a pedophile, and he’s “tackled the issues.”
Jim Rugg

“I’m asking for the opportunity to be on probation,” said Deck, who was handcuffed to his chair and wearing an orange OC Jail jump suit. “I will do well. I’m truly sorry for my actions.”

Deck’s acts were despicable. He used the Internet to search for underage sex partners in the sixth, seventh and eighth grades—or younger. For example, according to law-enforcement records, the CHP officer told Kristin, his 13-year-old Costa Mesa online-chatting partner, to turn off the Yahoo Messenger archiving feature on her computer so her mother couldn’t discover their relationship. Then he tried to lure the girl to a hotel room near South Coast Plaza. He hoped to get her pregnant there, according to a later-recovered chat log.

http://www.ocweekly.com/2010-03-25/news/moxley-confidential-chp-stephen-deck/

 

Ken Burch

(50,254 posts)
46. Does Orange County have a recall mechanism for judges?
Wed Apr 8, 2015, 10:04 PM
Apr 2015

If so, I'll donate to the campaign. Hell, I might come down and doorbell for it.

markpkessinger

(8,392 posts)
49. "Inexplicably became sexually aroused"
Wed Apr 8, 2015, 10:13 PM
Apr 2015

Good Lord! So the judge is saying, in essence, that a hard-on is a license to rape, and not just to rape, but to rape a child, should that child have the misfortune of coming near the guy? Jesus fucking Christ!

2naSalit

(86,508 posts)
53. Another judge
Wed Apr 8, 2015, 10:22 PM
Apr 2015

blaming an under-aged rape victim? We need to come up with a better system for vetting and putting into positions of authority for legislators and judges.

And I mean

 

mythology

(9,527 posts)
56. Some days it doesn't pay to read the news
Wed Apr 8, 2015, 10:43 PM
Apr 2015

This is disgusting all around.

I hope the child and her mom can get the appropriate help.

I hope the sentence is overturned and the judge removed from the ability to do harm.

iwillalwayswonderwhy

(2,601 posts)
57. I can't even...begin
Wed Apr 8, 2015, 10:49 PM
Apr 2015

As if an erection means it's not possible to know right from wrong. I'm completely sickened.

Hekate

(90,624 posts)
59. Signed. What's "inexplicable" is that man who has no business being on the bench. Ever.
Wed Apr 8, 2015, 10:55 PM
Apr 2015

No violence? How much blood and ripping does he want to demonstrate violence against a child?

Kalidurga

(14,177 posts)
63. I am still far to angry to respond with anything that won't be a rant.
Wed Apr 8, 2015, 11:36 PM
Apr 2015

The judge is a criminal at the very least he has aided and abetted two criminals. There are probably more cases who knows. I would start interviewing every man, woman, and child he knows to uncover whatever is out there. Someone knows something unsavory about him because this kind of sympathy is only shown between fellow pedophiles. What a sick disgusting pair of human beings. The judge should be disbarred and jailed.

romanic

(2,841 posts)
65. The judge sounds like a pedophile.
Thu Apr 9, 2015, 04:27 AM
Apr 2015

To sympathize with a fucked up monster who did that to that child, he has to be anything but. Disbarr him and check his records and computers for good measure. Then throw him in the slammer to rot with the creep he tried to protect.

 

Tierra_y_Libertad

(50,414 posts)
68. "He inexplicably became sexually aroused..."
Thu Apr 9, 2015, 04:24 PM
Apr 2015

Kinda like saying the guy who murdered a pedestrian "..became inexplicably angry". Or, a bank robber "....became inexplicably greedy".

sub.theory

(652 posts)
69. Disbarment Required
Thu Apr 9, 2015, 04:42 PM
Apr 2015

This asshole must be disbarred. He clearly lacks the judgement or even basic human decency to be a judge. There is no way out for him. There is no excusing this crap. He is a rape enabler and he must go. Unbelievable.

Yo_Mama

(8,303 posts)
75. More information about this case.
Sat Apr 11, 2015, 10:28 AM
Apr 2015
http://blogs.ocweekly.com/navelgazing/2015/04/judge_m_marc_kelly_sodomize_toddler.php

Note that the rapist is the brother of the three year-old, and the judge was influenced by the mother pleading for her son.

Most CA persons incarcerated serve about half of their sentences. Before this girl is ten, she is going to have to deal with her rapist brother back in her life.

LisaL

(44,973 posts)
77. Of course defendant didn't seek out or stalk the victim (as the judge pointed out), since the victim
Sat Apr 11, 2015, 10:34 AM
Apr 2015

is half-sister and it sounds like they are both living in the same home. So the perp didn't have to seek out the victim, she was right there already. However, I can't understand how the judge can use that as an excuse for leniency.
Like you pointed out, 10 year sentence means this guy would come out of prison while the victim is still a minor child.
And then what?

Yo_Mama

(8,303 posts)
79. It's literally nuts.
Sat Apr 11, 2015, 12:44 PM
Apr 2015

Yes, the mother testified for the perp, but that's because he is her son. You can get a three year-old to say anything.

The theory that no real harm was done to the girl is hardly NEUTRAL or objective. Her flesh was torn up. Of course the child was both traumatized and injured, and the fact that it was her brother who did it is hardly going lessen the psychological harm.

This girl will be faced with her rapist again before she is 10. She won't even have hit puberty. This appears to be a conspiracy of delusion among the family, but the judge's job is to be an objective person rather than a co-conspirator in lunatic wishful thinking.

This was a violent attack. The girl was probably convulsing in agony. She would have been bleeding when he withdrew (and at that point, the child may have been struggling to breathe). Instead of seeking help, he clamps his hand over the girl's mouth to muffle her cries and forces her to participate as he masturbates to release. Following that, he pulls up her pants and frees her, but it is not until she is wailing about the pain she is in that her mother realizes she's bleeding from the ass. This is not caring.

One strongly suspects that this isn't the first time he had sexually molested the girl. The idea that he was just sitting in the garage playing video games, suddenly became aroused by seeing his sister toddle in, and thought "gee, why not?", got up, closed the door and locked it, and then grabbed his sister and sodomized her is crazy.

Child molesters aren't, strictly speaking, necessarily pedophiles:
http://www.crisisconnectioninc.org/sexualassault/pedophilia_and_molestation.htm

But they do get off on molesting children. Quite a few child molesters are capable of otherwise normal adult sexual relationships. So it may be true that the perp is not a pedophile - but he does get off on children. Nor does that change the probability of re-offense for the better:

Pedophiles primarily engage in fondling and oral-genital sex; they "court" and "groom" their victims as if engaged in a consensual relationship with an adult. Child molesters will fondle and engage in oral-genital sex, but also frequently sexually penetrate their victims, force children to watch while the molester abuses their mother or others and partake of pornography with children in the immediate vicinity.

Pedophiles are master rationalizers, while child molesters are master liars and manipulators.

Pedophiles may believe that they have not harmed the child (ego-syntonic) and may convince themselves that they truly "love" the child with no acceptance that they have used their power and influence to overpower their victim. Child molesters do not engage in a "relationship" with their victim, their interest is strictly overpowering the victim by means of sexual degradation and control.

Pedophilic behavior/fantasy rarely varies. If the Pedophile prefers 8 year-old boys, he will be "grooming" 6 or 7 year-olds to replace his current 8-year-old victims when they "age-out" of his preference parameters. Child molesters may continue victimizing the same child or children for years; convenience and accessibility are paramount to the molester.

Both Pedophiles and child molesters are primarily heterosexual males. Active pedophilic behavior generally starts slowing down around age 35; the child molester generally continues his victimization until he is no longer physically able due to age, illness, injury, or incarceration.


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