Montana judge defends 30-day sentence for rape

[merithyn]

I did a quick google search, and found a little more detail in another article that seems a bit less hperbolic:

In October 2008, prosecutors charged Rambold with three counts of sexual intercourse without consent, alleging that the then-49-year-old man had an ongoing sexual relationship with Morales, who was 14 at the time.

Rambold has since continued his treatment with a different program, Lansing said, and an evaluation found that he is a low risk to re-offend and could be treated in the community.

Rambold had been warned by school officials in 2004 to avoid touching or being alone with female students.

[merithyn]

So Meri, what would you rather have happen?

I think he should see at least five years behind bars, with another 10 as a registered sex offender after.

[dps]

While I do agree with you that all this affecting her decision to commit suicide is an assumption on your part, I do not agree that it is a fair one.

There is no compelling evidence that that is in fact the case.

I think it's a reasonable assumption (whether fair or not), but there is not enough evidence that it's in fact a correct assumption that I don't think it should be used as an aggravating factor in sentencing.

[CountDeMoney]

Shame Meri can't get this torqued up over Chinese maritime anti-access/area denial warfighting modernization.

[Ideologue]

...the whole "rape-rape" argument is bullshit, it isn't just the judge or the "patriarchy" that is differentiating between traditional forcible rape and physically consensual but illegal sexual contact between adult and minor, the law itself and by extension society has made a distinction between those two crimes and finds one to be much less serious.

You won't care, of course, but those who make arguments about "patriarchy" generally hold that "the law itself and by extension society" are constructed to support it.

Saying that the law and society is the reason for something does not in any way counter an argument that the patriarchy is to blame.

Indeed.

I'd also go so far as to say that the patriarchy is the reason we often have (although not here) draconian stat rape laws, and while I don't want to go off of nothing and make up stories, I do nonetheless find it highly likely that pervasive slut shaming and allied behaviors contributed to the young girl's very tragic end, rather than the mere feeling of being exploited by one person that she (apparently) did want to have sex with.

Likely enough anyway that I wonder how her parents and peers made her feel about it.

[Neil]

But really you don't.  You assert that it wasn't possible.  Arguing would imply that an argument is being made.

Hmm. Okay. Given the examples provided below, I argue that the relationship between this teacher and this student was detrimental to the student, and there could be no "mutual consent" given the power imbalance between them.

"Physical intimacy with students is not now and never has been acceptable behavior for academicians. It cannot be defended or explained away by evoking fantasies of devoted professors and sophisticated students being denied the right to 'true love.' Where power differentials exist, there can be no 'mutual consent.'"

Dzeich argues that much damage occurs because of the betrayal by someone that the student trusted and respected. Moreover, seduction attempts which are masked by pretenses to academic and personal attention are particularly damaging because the student feels complicit in their own abuse.

Dzeich, Billie Wright and Linda Weiner (1990). The Lecherous Professor: Sexual Harassment on Campus, University of Illinois Press

There is also the question of the abuse of trust. This occurs when the trust associated with a professional relationship is destroyed because of non-professional actions or requests for non-professional actions. Martin writes, "Teachers are in a position of authority and trust to foster the intellectual development of their students. When they engage in sexual relations with a student, they violate that trust implicit in a professional teacher-student relationship." http://www.uow.edu.au/~bmartin/pubs/91aust.html

I'm kind of offended at your assertion that I should never enter into any sexual relationships on account of the power differential.

[Neil]

A long prison term is pretty unreasonable I think.  It's inhumane.

[Kleves]

Isn't this how MB met his wife?

[Caliga]

Isn't this how MB met his wife?

Yeah, I think you're right.

[Ed Anger]

 

[merithyn]

A bit more on what happened. He had never been prosecuted. In an agreement, they held off for three years while he was in the treatment center. They wouldn't have charged him at all had he completed the program.

I'm not sure I understand the thinking behind that.

And it seems that Ide was correct. Slut shaming was definitely an issue, if her mother is to be believed on that.

Rambold was charged by Yellowstone County prosecutors in 2008 with three counts of sexual intercourse without consent, the Montana equivalent of a rape charge, linked to Moralez, a student in a technology class he taught at Senior High School in Billings.

Moralez killed herself in 2010 before the case could go to trial. In an agreement with prosecutors later that year, Rambold admitted to a single count of sexual intercourse without consent and prosecutors agreed to postpone the case for three years and dismiss it entirely if Rambold completed sex offender treatment.

Prosecutors reinstated the case after being notified last year by the treatment center that Rambold, who was suspended in 2008 from his teaching post and later resigned, had been dismissed from the program for violating its rules.

In April, Rambold pleaded guilty to the rape charge stemming from the 2007 assault of Moralez in his Billings home, according to legal documents.

The girl's mother, Auliea Hanlon, had testified prior to sentencing that she wanted him put behind bars, saying she believed Rambold's actions were a "major factor" in her daughter's suicide.

"Cherice has paid for the consequences of his actions. He was on paid leave while she was being blamed and ostracized and ridiculed by her peers," she said. "He was as free as a bird while she was getting threatened and treated like trash every day."

[dps]

And it seems that Ide was correct. Slut shaming was definitely an issue, if her mother is to be believed on that.

"Cherice has paid for the consequences of his actions. He was on paid leave while she was being blamed and ostracized and ridiculed by her peers," she said. "He was as free as a bird while she was getting threatened and treated like trash every day."

If it was coming from her peers, I'd say it was more an example of "Kids are cruel" than "Slut shaming".

[Admiral Yi]

It also sort of undermines your "dude drove her to suicide" argument Meri.

[merithyn]

"Cherice has paid for the consequences of his actions. He was on paid leave while she was being blamed and ostracized and ridiculed by her peers," she said. "He was as free as a bird while she was getting threatened and treated like trash every day."

If it was coming from her peers, I'd say it was more an example of "Kids are cruel" than "Slut shaming".

Kids can't cruelly slut shame? There's no question that what was happening to her was slut shaming. That it was the kids doing it doesn't change what it was.

It also sort of undermines your "dude drove her to suicide" argument Meri.

I never argued that the "dude" drove her to it. I said that the situation drove her to it. The relationship was a factor in her suicide. Had he not slept with her, it couldn't have gone public, the slut shaming wouldn't have happened, and she may not have committed suicide.

[Neil]

Say, is it possible to torment agirl without engaging in 'slut shaming'?