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Invisiblejohnm214
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Sex-Crime madness: 75 months for a women who held a child's head against her breast for 1 min ok'd
    #7807933 - 12/28/07 04:38 PM (16 years, 1 month ago)

As with any topic du jour I wonder whether all this sex-crim outrage will bleed into inapropriate results. In this case I think it has.

Is stroking a child's head while holding that head against your breasts in a crowded room really something that needs a 75 month prison sentence? I think not, but apparently, the court feels it is "right and proper".

God help us all. When we punish minimal conduct w/ severe sentences we unfairly tax the criminal justice system and lead to a disrespect of the law by people like me, who think this conduct, while wrong if as-alleged, is not deserving of any prison sentence at all.

(still better than arresting drug users or dealers though, imo)


===
In early 2004, defendant [Victoria Rodriguez] was employed by the Hillsboro Boys and Girls Club to work with at-risk youths.... The victim was a member of the club.... On February 14, 2005, a staff member ... saw defendant and the victim in the game room at the club. There were approximately 30 to 50 youths and at least one other staff member in the room. The victim, who had since turned 13, was sitting on a chair. Defendant, who had since turned 25, was standing behind him, caressing his face and pulling his head back; the back of his head was pressed against her breasts.... The contact lasted approximately one minute....

Defendant was eventually charged with first-degree sexual abuse based on the incident. A jury found defendant guilty.... At sentencing, the prosecutor asked the court to impose the 75-month sentence prescribed by ORS 137.700 (commonly referred to as "Measure 11"). Defendant objected, arguing that the Measure 11 sentence would be unconstitutionally excessive. Numerous family members, friends, and coworkers testified in support of defendant. The court agreed with defendant that a 75-month sentence would be cruel and unusual. The court observed that defendant had no prior criminal record and that she had "lived an exemplary life" and had "really made a very positive impact into the lives of apparently many children * * *." It further noted that the touching occurred "in a crowded room, over clothing, [and was] not prolonged." The court concluded that a 75-month sentence "just cries out" as being shocking to any reasonable person. It imposed a 16-month sentence. This appeal followed....

The state contends, among other things, that, given the nature of the relationship between defendant and the victim, the 75-month sentence mandated by Measure 11 would not shock the moral sense of all reasonable people.... We agree with the state that, given the nature of the relationship between defendant and the victim, there can be no doubt that the Measure 11 sentence would not shock the moral sense of all reasonable people. It is undisputed that the victim was young and vulnerable, a prototypical "at-risk" youth. Defendant was in a position of trust and responsibility, akin to that of a teacher or youth counselor, charged with helping children make appropriate behavioral choices. By engaging in sexual conduct with the victim, defendant seriously abused that trust.

In short, we cannot say that the 75-month sentence required under Measure 11 would shock the moral sense of all reasonable people as to what is right and proper under the circumstances. It follows that the trial court erred in refusing to impose that sentence.


====

excerpts from :
http://sentencing.typepad.com/sentencing_law_and_policy/2007/12/fascinating-pro.html


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OfflineTypicalTripper
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Re: Sex-Crime madness: 75 months for a women who held a child's head against her breast for 1 min o [Re: johnm214]
    #7807975 - 12/28/07 04:49 PM (16 years, 1 month ago)

Incompetence at its best.


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InvisibleCrasher
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Re: Sex-Crime madness: 75 months for a women who held a child's head against her breast for 1 min o [Re: TypicalTripper]
    #7808214 - 12/28/07 06:22 PM (16 years, 1 month ago)

Unfucking believable. It gets too the point where I fear giving my own son a hug in public may one day be sexual abuse in this PC country.


--------------------
Give me silence, water, hope;
Give me struggle, iron, volcanoes...


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Invisiblejohnm214
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Re: Sex-Crime madness: 75 months for a women who held a child's head against her breast for 1 min o [Re: Crasher]
    #7808254 - 12/28/07 06:42 PM (16 years, 1 month ago)

yep, you never know

how about this:

" In short, we cannot say that the 75-month sentence required under Measure 11 would shock the moral sense of all reasonable people as to what is right and proper under the circumstances. It follows that the trial court erred in refusing to impose that sentence.
"

who exactly wouldn't be outraged at this sentence? How about having to pay for this shit? at 20,000$ per year, this will cost the country 125,000. Now is it better to send 6 kids through a four year college, or lock up this person?

Sorry, but that kid wasn't hurt 125,000 worth. I'm so sick of reading about these huge sentences. Prison isn't free, and fuck the prison industry- let's start letting the taxpayer keep the money, or spend it on something productive.


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Offlinekidaihuan
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Re: Sex-Crime madness: 75 months for a women who held a child's head against her breast for 1 min o [Re: Crasher]
    #7808265 - 12/28/07 06:45 PM (16 years, 1 month ago)

Quote:

Crasher said:
Unfucking believable. It gets too the point where I fear giving my own son a hug in public may one day be sexual abuse in this PC country.




Only if you're a woman.

She should sue the fuck out of the courts for sexual discrimination.


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Offlinewilshire
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Re: Sex-Crime madness: 75 months for a women who held a child's head against her breast for 1 min o [Re: johnm214]
    #7816320 - 12/31/07 08:59 AM (16 years, 1 month ago)

:what:


--------------------



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InvisibleWhiskeyClone
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Re: Sex-Crime madness: 75 months for a women who held a child's head against her breast for 1 min o [Re: wilshire]
    #7822976 - 01/02/08 09:29 AM (16 years, 30 days ago)

Quote:

wilshire said:
:what:




--------------------
Welcome evermore to gods and men is the self-helping man.  For him all doors are flung wide: him all tongues greet, all honors crown, all eyes follow with desire.  Our love goes out to him and embraces him, because he did not need it.

~ R.W. Emerson, "Self-Reliance"

:heartpump:


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OfflineChazzersize
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Re: Sex-Crime madness: 75 months for a women who held a child's head against her breast for 1 min o [Re: TypicalTripper]
    #7856735 - 01/09/08 10:51 PM (16 years, 23 days ago)

Quote:

TypicalTripper said:
Incompetence at its best.




Incompetence at it's breast.


--------------------
Take off my mask and leave the lies to the liars.


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InvisibleWhiskeyClone
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Re: Sex-Crime madness: 75 months for a women who held a child's head against her breast for 1 min o [Re: Chazzersize]
    #7857907 - 01/10/08 07:11 AM (16 years, 22 days ago)

ZING


--------------------
Welcome evermore to gods and men is the self-helping man.  For him all doors are flung wide: him all tongues greet, all honors crown, all eyes follow with desire.  Our love goes out to him and embraces him, because he did not need it.

~ R.W. Emerson, "Self-Reliance"

:heartpump:


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