This was not a case where “boys will be boys” and things " got a little out of hand" The rapist admitted to making repeated advances and was consistently rebuffed. He was predatory . He isolated the victim from her friends and promised to " take care of her" He admits to penetrating her both digitally and orally even though she was going in and out of consciousness , then ejaculated on her abdomen . He had been observed by his roommate to frequently check her pulse and attempt to give her water . Why check someone’s pulse unless they’re not conscious? What amazes me is the people on this thread that see this as a situation that got a little out of hand , and that this is not a cause of concern that the rapist will commit another rape. How can anyone believe that this is not a serious crime that warrants a much stricter sentence ?
The punishment is subjective. The judge’s opinion is subjective. A different judge would have or could have come up with a different punishment.
The restrictions for being a registered sex offender vary by state. Also, what crimes can result in being a registered sex offender vary by state. For example, in Georgia, conviction of a crime (not necessarily a sex offense) where a victim is a minor can require registering as a sex offender. Imagine two high school seniors, one who is 18 years old and the other who is 17 years old, getting into a fight…
https://gbi.georgia.gov/sex-offender-registry-frequently-asked-questions
@dstark: The judge is supposed to be a detached actor, doing her best to neutrally weigh the factors that guide sentencing. She is not supposed to impose a sentence based on how it would make the victim feel. I’m really not sure how I can better explain this than I already have.
@carolinamom2boys: Who do you think is saying that this case involves “a situation that got a little out of hand”?
@JHS, the rapist lied. He knew what he was doing. In my opinion, the major difference comparing this case with the Brock case is the rapist apologized and admitted to his crime in this case. So…I could see the rapist in this case getting less punished than Brock.
@JHS, so why should a victim go through the judicial system?
@Demosthnes49, then why does the victim speak to the court prior to sentencing?
The judge is not objective. He is a human being and he brings his experiences and his opinions to court. I can’t believe I am arguing this with an attorney when attorneys have all told me this and I have experienced this.
Why would a victim go through the judicial system for 1 or 2 years, go through hell again, and the criminal gets probation or a light sentence? The payoff doesn’t seem big to me.
Why shouldn’t a victim go through the judicial system? I am saying this is a significant sentence, not a slap on the wrist. Most of you are talking as if this sentence was nothing. It only seems like nothing compared to all the other wildly excessive sentences that get imposed.
This sentence is close to what I give if I was god. I probably shouldn’t argue too much on this one. 
I think the punishments in some of these cases are too low and not worth the time and trouble to go through court.
By the way, in this case, depending on how you look at it, the victim’s losses may be up to $250,000. And if the victim has psychological issues that ruin her career…we could be talking millions of dollars.
What is the punishment for beating somebody up and stealing $250,000?
I’m with JHS. I believe that rape is a serious crime, and should get a sentence commensurate with a serious crime. But I think the Colorado rapist did get a sentence commensurate with a serious crime.
I guess I don’t look at things the same way. The victim lost her freedom. Maybe forever. I think a rapist should lose his freedom and spend a few years in prison without getting out.
@Demosthenes49 People who minimize the predatory nature of the crime. People who say that they’ve never assaulted someone but could see how it could happen.
Wow. I guess that was directed at me @50? I sincerely hope not because I most certainly didn’t minimize anything and frankly neither did anyone else on this thread that I’ve read.
Is there a legal definition of “predatory” as it applies to sexual assault cases? If so, maybe that can help judges and juries determine the sentence if the accused is found guilty.
Because the Colorado guy acted a certain way that one night and clearly took advantage of the situation might not qualify as predatory since, to my knowledge, he had never had a scrap with the law before the night of the incident. So was he really a predator in any sense of the word?
Again, I said it twice in my only previous post on this thread, I have zero opinion about the appropriateness of the sentence especially given I don’t know all the facts of the case. Thus, I am not arguing that he got off easy in any way shape or form.
I posted in this thread because I am a father (I am sure you are a parent also). I pray to God neither of my sons ever finds himself in this situation. That sure as heck doesn’t mean I am minimizing anything or do not feel for the victim.
@GoNoles85 He was predatory towards his victim. He separated her from her friends , promised to “take care of her” and proceeded to sexual assault her while she went in and out of consciousness. That sounds predatory to me. So one can’t be a predator the first event ? One can only be a predator after multiple occurrences? What about people that prey on others but never act on it, are they not predators?
In terms of "son’s finding themselves in this situation " Hundreds ,if not thousands of males drink to excess every day or weekend , yet they never sexually assault anyone or even consider it. Alcohol doesn’t cause men to rape someone. Alcohol may lower impulse control, but it doesn’t cause rape.
@dstark: The victim is, in some states, allowed to give a Victim Impact Statement. The idea behind these statements was that victims should have a chance to speak and that they should be able to describe the impact of the crime. Frankly, I find the reasoning behind this a little dubious.
Regarding judges, of course judges bring their own subjectivity. That’s not what we’re talking about. You wanted to talk about the difference between punishment and vengeance, abstract concepts. They may be applied with some degree of subjectivity but that doesn’t change what they’re supposed to be about. It also doesn’t change how judges are supposed to apply them.
“Frankly, I find the reasoning behind this a little dubious.”
Seriously??? But I suppose it’s just fine to have statements from the family and friends of the convicted criminal attesting to his character in the hopes of affecting the sentence?
@ 52,
I don’t have a legal definition of predatory which is why I asked if there is one. Clearly, the Colorado guy took advantage of the situation but, again, I’m not sure if that is what makes one a predator or not.
I am guessing this kid, and the Stanford kid, were normal kids before the crimes. That is part of what is scary from the parent’s standpoint is that normal kids can make unconscionable choices.
I don’t label people good or bad easily because, in my view, everyone is a little of both. It simplifies things to say they were bad people and that is why they did what they did. Let’s put the bad people on an island and we’ll all be safe.
Great.
But, like I just said, I think most people are a little of both.
Anyway, I wish the events can be undone for everyone’s benefit but it doesn’t work that way.
I don’t understand your last paragraph. I never said alcohol causes sexual assaults. But alcohol does lead to poor decision making so it is a contributing factor. I think your are agreeing with that as if somehow I argued the opposite point which I didn’t. Either way, thanks for your thoughts.
Some of the rapists we have discussed here claim that they didn’t think they were doing anything wrong. But the Colorado guy clearly knew what he was doing was wrong-- that’s why he lied about it at the time, saying that he was just going to help the woman, when actually he raped her.
@GoNoles85 said " When people are that age, and you combine alcohol or drugs, and a party scene, sometimes bad things can happen. " I do agree that rape is a “bad thing” and that alcohol can impair judgement, but I stand by my statement that alcohol will not cause a rape, it may contribute to one.
Absolutely alcohol is often a contributory factor. It can turn people into victims and it can turn people into convicted felons. Very few people do not understand that. Judges encounter these situations all too frequently.
@Demosthenes49, The prosecuter in the Brock case did not want Judge Persky sitting on his next sexual case. The prosecuter wanted Judge Persky removed from the case. So… The prosecuter must care.
Do you care which judge sits on your cases?