Daily Archives: October 22, 2007

When is rape robbery?

When the alleged victim is a hooker, according to a magistrate judge in Philly. Initially charged with sexual assault, the judge dismissed those charges, but left standing “theft of service” charges against the defendant.

“She consented and she didn’t get paid . . . I thought it was a robbery.”

Now this is particularly curious, given that she ended up having sex with four men [one of whom paid] (a fifth noticed her crying and helped her leave), reportedly at gunpoint.

The judge, it seems, exhibited some contempt for prostitution:

“Did she tell you she had another client before she went to report it?” Deni asked [the writer of the news story] yesterday when [they] met at a coffee shop.

“I thought rape was a terrible trauma.”

A case like this, she said – to [the writer’s] astonishment – “minimizes true rape cases and demeans women who are really raped.”

This is the sort of argument that, when proposed in a “brainstorming” session, results in raised eyebrows and a few uncomfortable laughs and perhaps a “nice try, old chum” or two.

Whatever her stance on prostitution, I think the judge might have picked the wrong case to state it.

More here.

Monday morning jumpstart

scalia-vaffanculo-finger.jpg

Another Monday, another edition of the Jumpstart!

  • Anne Reed has posted the third installment in her series on “A trial lawyer’s guide to social networking sites”. [Here are one and two.]
  • Mark Bennett is conducting a clinic on how to cross examine an expert.
  • Scott Greenfield is expressing his desire to become a law school dean by exploring how best to fix law schools.
  • Norm Pattis has a new blog.
  • CDW’s weekly roundup is available.
  • Woman in Black won!
  • Maggie at Of Counsel has done a wonderful job summarizing Georgia’s indigent defense problems in the Nichols capital case in this post.
  • Gov. Rell has added staff to speed up the release of non-violent offenders.
  • Stephen Gustitis points to a new study that explores another reason for false confessions: trust in the system.
  • CTLP points out that a FOIA request revealed no legal research by counsel for Gov. Rell before her request in the Pollitt case.
  • Ken at KrimLaw wonders why “aiding and abetting” is now known as “principal in the second degree”. Just like prosecutorial misconduct impropriety.

Have a good day!