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Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists

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Ailatan
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
I can't get past the South African item.
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chinaplate
06/17/09

@Ailatan Hearts BabyJane:

It's borderline propaganda. So a quarter of all my family are rapists? They interviewed fewer than 1800 men, from less than half of SA's provinces. It's bullshit, but rich Westerners love to read it and it makes me want to scream.
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Ailatan
06/17/09

@chinaplate: I'm neither rich, nor a Westerner (according to some opinions, since Latin America is not considered "Western" whatever!) The number seems extremely high, but as you said the sample is quite small.

Reading there are many cases of rape is not something I want to read, mind you. I expect you're more informed on this than I could be myself from reading a single report.
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Steve_Holt
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
My Human Evolution prof told us that homosexuality is evolutionary for the purpose of population control. It's always made sense to me, and always an argument I use when talking to people who think homosexuality is "unnatural". I just tell them it's evolution. Of course more often than not they don't believe in evolution.
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sybann
06/17/09

@Steve_Holt: I had a gay Bio prof in college and posited this very idea to him - he did get a very interested look on his face. Of course at 17 I was scared shitless he'd be offended.
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Ms. Nickels
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
The plea deal is a perfectly valid compromise between the parties after assessing their likelihood of success at trial. If there is not sufficient evidence to convict him of child rape beyond a reasonable doubt, then he shouldn't be convicted. Period. There are very good reasons that our system works that way, such as protection of the innocent from mob rule and the government.

Why are we all assuming this guy is guilty anyway?
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nellicat
06/17/09

@Ms. Nickels: We are not assuming it. He pled guilty. He is, therefore, no longer entitled to the presumption of innocence and is legally guilty.
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nellicat
06/17/09

@nellicat: Oops; he pled no contest. But the judge pronounced guilt in order to impose the sentence so he is, therefore, legally guilty.
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peperony and chease
06/17/09

@Ms. Nickels: I believe he's guilty because the child said so. I think we owe it to women and children brave enough to come forward about sexual abuse and battery to believe the essence of their claims.
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Blueberry26
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
Perhaps the reason some people haven't been spending less is because they couldn't spend less? As in, they were already buying the bare minimum and simply couldn't cut expenses any further?
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clevernamehere
06/17/09

@Blueberry26: Yes, an as Hispanics tend to be newer immigrants with lower incomes you wouldn't expect a huge change in spending.
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JinxyMcDeath
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
Wow. I guess all children are now free to be raped. With that logic, I guess blind people, too. Thanks, Judge Bartheld! Also, fuck off.
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lalaland13
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
And also, Oklahoma lawmakers kind of disgust me. Yes, it's a horrible situation, but it just smacks of trying to get points for wanting to lock away the child rapists. We all want to do that. Trust me. Actually doing it sometimes involves making difficult decisions.
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lalaland13
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
I think others have said similar things, but I'll add my voice to the chorus: You take a big risk when you put a kid on the stand. I've sat in on a few trials with testimony from kids, and the defense is ruthless. They try to say little Joey "misremembered" or was "confused." As an adult, the idea of testifying in a rape trial in the same room as my attacker kind of makes me want to run down a hallway. I can't imagine what it would be like for a kid.

But I'd bet money the guy violates the terms of his suspended sentence by say, not registering as a sex offender or not reporting to his parole officer (I hope it's nothing more serious than that). Then he's in jail for up to 19 years, no questions asked.
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Tart of Darkness
06/17/09

@lalaland13: And they will work intentionally to confuse the child, also. A four year seriously would be toast in court.

Samantha Runion's killer had been acquitted of sexually abusing his girlfriend's daughter and another girl because the jury did not find them "believable".

Police believe he went to Runnion's apartment complex looking for the girlfriend's kids and didn't find them, so he took her instead.

At least in this case the guy is established as a known sex offender.
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PinkSoxHat
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
Child witnesses are really, really unreliable, and testifying could have been really traumatizing. I'm sure the prosecutors took that into account. I'm also pretty sure the judge considered everything before the sentencing. While the judge has the discretion to up the sentence, the defendant also then has the right to revoke his plea, and the original guilty plea can't be held against him.

If it's a year and life as a sex offender or nothing, I'll take the year.
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nellicat
06/17/09

@PinkSoxHat: You really can't just "revoke" your plea unless there is legal cause to do so. Getting a harsher sentence than you had hoped isn't sufficient legal cause.
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MarissaExplainsItAll
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
Babboons apparently also don't want baby daddy drama.
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badmutha
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
Well, duh people about the infection from Brazil waxes! You can't be ripping hairs out all the time and not expect some bacteria issues.
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Tart of Darkness
06/17/09

@badmutha: But it's not really different from ripping or cutting the hairs on any other part of your body. I think they just wanted to say "bikini wax".
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LaFemme
06/17/09

@Tart of Darkness: Maybe not for some people, but I have had to have ingrowns surgically removed from my bikini line after infection, and in 7 years waxing my arms and legs I have had no problems. I think for a lot of people the hair is different on your bikini line, or at least grows at a different angle.
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nellicat
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
The judge didn't have to accept the plea; that's one of the chances you take when you plead guilty or no contest. The DA typically agrees to ask for a lower sentence in exchange for the plea, but the judge doesn't have to honor it.

I respect the DA's decision, but I call complete and utter B.S. on the judge's.
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shorty63136
06/17/09

@nellicat: Right - but if the judge refuses to honor the terms of the plea agreement, the defendant can turn around and say, "We'll take our chances at trial." and that would leave it open for him to be completely acquitted based on the evidence they DO have.
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nellicat
06/17/09

@shorty63136: No, not typically. The defendant takes his chances by pleading, knowing that judges almost always agree to the terms recommended by the DAs. But saying that the judge reacted more harshly than he had hoped does not typically negate a plea deal. He has already pled guilty; no "backsies" just because the judge doesn't do what he had hoped.
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shorty63136
06/17/09

@nellicat: Yeah, but if he plead guilty to "inappropriate touching" or "indecent exposure", one could argue that not accepting the plea deal which included one year and instead handing down 10-15 years for THAT crime (which wouldn't be the typical sentence anyway) would enable them to back out - especially knowing that the judge would be convicting him of a charge, rape, that he was not actually charged with.
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shorty63136
06/17/09

Ok - I see he plead "no contest" to 1st degree rape and forceable sodomy.
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nellicat
06/17/09

@shorty63136: You could argue that, but I don't think the court of appeals would buy it. If the judge stays within the legislature-approved maximum sentence for "inappropriate touching," the defendant doesn't have a legal leg to stand on. The judge could have cited other aggravating circumstances (including the extremely tender age of the victim) to justify a sentence that was longer than most "inappropriate touching" sentences but still within the max.
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peperony and chease
06/17/09

@nellicat: Also, due to time served, he'll be released in fifteen weeks. I understand this was also at the judge's discretion. Unbelievable.
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shorty63136
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
I read and saw reports quite a bit on the case of the rapist getting one year. Because they couldn't get a concrete statement from the child (or physical evidence) there was a chance that he could be acquitted at trial, which means he would be free to repeat his crime.

If that's the case, I agree that he should've been given at least SOME sentence and forever be branded as a sex offender so that he could be monitored and easily re-jailed if he violated the terms of parole/release.

It was either this or NOTHING.
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shorty63136
06/17/09

And after speaking with quite a few lawyer friends, they've said that that was the right decision to make. It's not the judge's fault - he/she relies on the prosecutors to do the best with the evidence they've got.
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nellicat
06/17/09

@shorty63136: Again, though, while I respect the DA's decision for the exact reasons you articulate, the judge could have ignored the DA's recommendations and sentenced the man to more time in prison.
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shorty63136
06/17/09

@nellicat: See my response to yours below.
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k122n
06/17/09

@nellicat: but that's not how a plea works, is it?
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nellicat
06/17/09

@k122n: It is in my state. I admit I don't know about every state, but in the case law I've read, just getting a harsher sentence than you had hoped is NOT sufficient reason to withdraw a plea. You still take your chances with a plea.
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shorty63136
06/17/09

@nellicat: Ok, I see that he'd plead "no contest" to 1st degree rape and forceable sodomy. Like you said, I don't know the law for that state but I would think that the judge's hands were tied based on the evidence that he was given.
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Maritsa
06/17/09

@nellicat: Yeah, my memories of crim law square with what you said...I'm fairly certain that "I didn't think I'd get that much time" isn't a valid ground for withdrawing a plea.

I am not familiar with OK sentencing guidelines and practice but I have to imagine that suspending 19 YEARS of a 20-year sentence is pretty unusual in any circumstance.
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lilbobbytables
06/17/09

In reply to Pedophile Rapist Gets 1 Year In Prison • Platonic Baboon Pals Perplex Scientists
Lawmakers are calling for the removal of Judge Thomas Bartheld for sentencing a man accused of raping a four-year-old girl to one year in prison. Prosecutors said they took the deal because the victim is an unreliable witness.

W.T.F.x10000000000000000000.
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Gingerlime
06/17/09

@lilbobbytables is a la-di-da feminist: Is this really the judge's fault? I mean, in the absence of physical evidence, perhaps his hands were tied. Normally I'm all 'WTF HANG THE BASTARD' but I know how dicey child abuse cases can get.
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MarissaExplainsItAll
06/17/09

@lilbobbytables is a la-di-da feminist: Seriously, if there was enough there to make a deal, there was enough to go to trial
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LadyFabulous
06/17/09

@lilbobbytables is a la-di-da feminist: This is seriously mind boggling. WTF?! A FOUR YEAR OLD?!?! How in the WORLD does that not come with an automatic life sentence?
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lilbobbytables
06/17/09

@Gingerlime: The judge and the DA both failed, in my opinion. The DA should not have made the deal, and I do not think the judge should have accepted it.

I know that this would have been a difficult case for trial, since the victim would (most likely) be unable to testify, and I am unaware of what other circumstantial evidence or physical evidence, or any other type of evidence may exist. I strongly feel, however, that this crime should never have a sentence of 1 year. There should be a minimum sentence much stiffer than that. The state statutes appear to say that the sentence for first degree sexual assault is 5 years to life. IMHO, 1 year is a miscarriage of justice.
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ides
06/17/09

@lilbobbytables is a la-di-da feminist: It's worse than just this, though. He raped and sodomized the four-year-old girl while making her 5-year-old brother watch and then raped the 5-year-old boy too.

Got that? Two kids, multiple rapes, 1 year in jail.
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J.D.Regent
06/17/09

@Gingerlime: but he plead no contest...did the prosecutor really only have to offer him the year to serve?
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LaFemme
06/17/09

@ides: I am curious how you could rape and sodomize a 4 year old and leave NO physical evidence. I am not defending him, it just seems so bizarre that neither of them would have any physical harm done to them at all after being penetrated by an adult man.
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