Someone Shoud Tell This Judge Rape Victims Are Victims, Including Those With Down Syndrome

bio_cmcfaddenA state Court of Appeals judge has ordered a new trial for a man convicted of raping a woman with Down syndrome. He overturned a jury’s guilty verdicts against William Jeffrey Dumas, who was convicted of repeatedly raping the 24-year-old woman in October 2010. The reason for the new trial? The judge didn’t think the 24-year-old woman with Down’s Syndrome acted like a victim.

From AJC.com:

In his ruling, Judge Christopher McFadden said when the woman first complained about being attacked the day after the alleged rape occurred, she did not behave like a victim. “Nor did Mr. Dumas behave like someone who had recently perpetrated a series of violent crimes,” McFadden wrote.

McFadden also cited discrepancies in other witnesses’ testimony. The convictions, the judge added, “do not have the approval of the court’s mind and conscience.”

This happened. In reality. Since it’s so easy to get a rape conviction, I’m sure we can all understand why the Judge felt apprehensive. That’s clearly sarcasm. I’m so disgusted I can’t even see straight. I’d like to know what “victims” and “perpetrators of violent crimes” act like. If anyone wonders what rape culture is – this story is a pretty good illustration.

While we’re on the subject of ridiculously infuriating rape stories, I’ll remind you that last week an elderly woman was raped in a nursing home by a caregiver. She is 89-years-old. Her attacker is 30. Even after the attacker admitted to raping the woman, a supervisor at the nursing home branded her a “flirt” who teased her 30-year-old attacker “mercilessly.”

Instead of, oh I don’t know, reporting the attack to police, administrators decided the woman should be held for nearly three days in a locked psychiatric ward of a nearby hospital. “Attorneys for the woman have alleged that administrators at the seniors home withheld information from medical professionals and even suggested that the sex was consensual.The supervisor defended the rapist, even after he admitted to sex with the elderly woman and was arrested, according to court papers.”

From StarTribune.com:

Merzwski admitted to entering the woman’s bedroom and giving her medications that would impair her ability to think before having sex with her. A nurse who examined the woman days later said the vaginal laceration resulting from the rape was the largest she had ever seen in her six years in the field.

The rape of an 89-year-old woman is practically dismissed by caregivers because she is a “flirt.” A victim with Down syndrome didn’t act enough like a “victim” to allow a judge to let a guilty verdict stick. If anyone ever has a problem understanding why rape jokes aren’t funny, or why we demand that the effects of our rampant rape culture be taken seriously – they should just read these reports.

It’s always the victim’s fault – one way or another. We’re always asking for it. It’s getting to the point where the powers that be may as well just print up a list of who it’s a-ok to rape.

I’ll never stop fiercely defending victims because this is where we have arrived.

(photo: gaappeals.us)

You can reach this post's author, Maria Guido, on twitter.
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    • Kay_Sue

      What the ever loving fuck did I just read?

    • Lackadaisical

      What on earth is the point of a jury if a judge decides to disregard their verdict if he disagrees. Surely if we trust the judge to decide on their own without any checks on balances then we would do away with the jury system altogether. 12 people decide that he raped her, but he doesn’t like the way she reacted? Even though we haven’t the details it is fairly damning that the 12 people who do know the evidence think he raped her, despite a tendency for many people to give people accused of rape the benefit of the doubt or sympathy.

      • Paul White

        Judges can overturn a guilty verdict but not a not guilty verdict. It’s in place as one more check for the rights of the accused essentially.

      • Kelly

        The judge is a rapist. That’s what it all boils down to. Rapists and pedophiles protect their own. That’s why crazy shit like this happens. The rapist on the bench doesn’t want to go to prison if he gets caught committing his own crimes so he goes easy on his fellow rapists to strengthen and support rape culture for his own sick benefits.

    • http://mother--bored.tumblr.com/ Aimee Ogden

      It’s the victim’s fault if she gets raped, and it’s her fault if she doesn’t appear sufficiently traumatized by her rape to outsiders. OKAY. I’ll just be over here, building my rocketship to get me the fuck out of here.

      http://24.media.tumblr.com/b30da8726527766d1f6b7e3778c70286/tumblr_mj5823ohgL1ru74s4o1_500.jpg

    • Crusty Socks

      There will be a shortage of facepalms…

    • keelhaulrose

      What the fuck is a rape victim supposed to act like?
      Just what the fuck?

      • K.

        I know! I wish someone had asked this Judge to demonstrate exactly how a rape victim should act.

        Fuuuuuuuuuuuuuck.

    • RayneofCastamere

      I…what?

      Is the Mars Mission or whatever still taking people? ‘Cause I wanna leave. I’m done.

      Screw you, Judge McAsshole. What, she wasn’t traumatized into a coma, therefore she’s not victimy enough for you? Fuck that and every other excuse for rape culture.

      • Shelly Lloyd

        Better yet lets just load all the asshole judges and rapists and rape apologizist on the rocket to Mars, cause why should the good people have to leave.

      • RayneofCastamere

        But why pollute a perfectly innocent planet and spread the plague of assholes into space? That’s how War of the Worlds happens!

    • Jillian

      Can we intensify the tests that it takes to become a judge? Because there has been far to many ignorant, sexist anti women judges (some of whom were women themselves) in the media in the last year or so making horrible judgement calls in cases of sexual assault. Why in the ever loving f*** do some of these so called professional judges who are suppose to stand up in the name of the law and justice continue to blame women for every sexual assault and rape that occurs. Here’s an idea: if your some old timey, bible thumping sexist piece of shit who thinks “boys will be boys” and girls should just not let themselves get raped why don’t you not be a judge? Really now, why don’t you go back to the olden days already and give up your seat to someone who might actually punish rapists and make people face the consequence’s of the law?

      • brebay

        The only “test” it takes is the bar exam. After that, it’s largely political in most jurisdictions, less so in others. Lawyers are human which means that, like any other field, there are good, bad, liberal, conservative, moderate, and batshit-crazy ones. The good ones apply law to the facts of the case and see what the result is; the bad ones decide the result they want, then figure out how to use the law to make it so. We had a sitting judge in Nebraska who was very conservative (obvs.) When a law was passed that required a minor seeking an abortion to go before a judge if she wanted to avoid the parental consent requirement, he resigned from the bench. He said his faith would not allow him to give anyone the ok to get an abortion. But the law would not allow him to use his faith as a criterion for denying these petitions. Most judges in his position would have stayed on the bench and just denied every application that came before him, but he was ethical, and knew that he either had to break the law (using objective factors like age, maturity, etc.) or break with his faith. Rather than do either, he stepped down. I’m staunchly pro-choice, but I have an enormous amount of respect for his refusal to use his position to impose his religious beliefs.

    • tk88

      The judge is probably a pervert too. They just need to get rid of them all. Now.

    • b3v

      It can get so infuriating, it’s everywhere…
      http://bellejar.ca/2014/02/28/rape-culture-at-the-university-of-ottawa/

    • toomuchuselessinfo

      What a sick**** this judge is. No wonder the legal system is so screwed up.

    • toomuchuselessinfo

      I hope in the future someone shows this judge the same treatment he gave this poor victim.

    • Musiclee

      I’ll just leave this here…

    • Soror Trinitas

      Please sign the petition to get this judge removed from office. There are enough rapists walking free without judges like this.

      http://www.change.org/petitions/judge-overturns-rape-verdicts-says-she-didn-t-behave-like-a-victim-remove-him-from-office

    • nonya

      Has anyone ever thought that not everything you hear or read is the absolute truth?

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