Maryland "rapist" getting a bum rap
Tue Feb 27, 2007 at 09:55:34 PM PDT
I'd like to think that Democrats are about pushing back against reflexive "law and order" authoritarians, insisting that people be actual criminals--not just apparently shady characters--if they are to be locked up in prison. A perusal of the feminist blogosphere as regards a bogus rape conviction in Maryland causes me to question this supposition. So I'd like to hear what Kossacks have to say.
I discovered this case from a report in the media (TIME magazine, I think it was). But to get a real sense of what happened, I think one needs to read the appellate court transcript, linked here. To get the context, I urge you to read pages 1-9 or at least 3-5, before taking the poll or adding a comment.
I've obviously made it clear that I think this boy was railroaded. Is he a bit on the uncouth side? Yes, certainly (though for a sixteen year old, I think he's only somewhat more uncouth than average, honestly).
But as both he, and the older college girl who is supposedly his victim, agree: he asked her beforehand if he could "hit that" and she said he could, if he would stop when she asked him to; and he stated he didn't want to rape her, as a last doublecheck before attempting penetration.
There is some slight disagreement about what happened next--either he attempted to penetrate her and she sat up and immediately stopped the whole thing (his version); or he penetrated her, she asked him to stop, and he did so within about five seconds.
Now, honestly: is this sixteen year old high school student a menace to college students everywhere? Does he need to be locked up with hardened criminals for half a decade to protect the public? I dispute the idea that he is guilty of any crime at all (as opposed to simple bad behaviour). But I wouldn't be so up in arms if he were found guilty of some kind of third degree sexual battery that got him a suspended sentence with a fine and some community service and counselling or whatnot. The five year prison term, however, is just appalling.
Where's the ACLU?
