Rape is Theft of Services Says Judge

[warpedskydiver 0]

http://www.philly.com/dailynews/local/20071012_Jill_Porter___Hooker_raped_and_robbed_-_by_justice_system_.html

Jill Porter | Hooker raped and robbed - by justice system?

A DEFENDANT accused of forcing a prostitute at gunpoint to have sex with him and three other men got lucky, so to speak, last week.
A Philadelphia judge dropped all sex and assault charges at his preliminary hearing.

Municipal Judge Teresa Carr Deni instead held the defendant on the bizarre charge of armed robbery for - get this - "theft of services."

Unbelievable.

Deni told me she based her decision on the fact that the prostitute consented to have sex with the defendant.

"She consented and she didn't get paid . . . I thought it was a robbery."

The prostitute, a 20-year-old single mother, agreed to $150 for an hour of oral and vaginal sex on Sept. 20, according to assistant district attorney Rich DeSipio. The arrangements were made through her posting on Craigslist.

She met the defendant, Dominique Gindraw, 19, at what she thought was his house, but which turned out to be an abandoned property in North Philadelphia.

He asked if she'd have sex with his friend, too, and she agreed for another $100.

The friend showed up without money, the gun was pulled and more men arrived.

When a fifth man arrived and was invited to join, DeSipio said, he asked why the girl was crying - and declined. He helped her get dressed so she could leave.

It's true the prostitute negotiated sex with the defendant - but not unprotected gang sex at gunpoint.

"The Legislature has defined sex by force as rape," said DeSipio, accusing the judge of "rewriting her own laws."

DeSipio said Judge Deni's ruling was based, not on the law, but on moral contempt.

"Certainly if a jury wants to make that judgment, they're entitled to. But for a judge to make a judgment on a human being - I've never seen that before."

Deni did seem contemptuous of the victim:

"Did she tell you she had another client before she went to report it?" Deni asked me yesterday when we met at a coffee shop.

"I thought rape was a terrible trauma."

A case like this, she said - to my astonishment - "minimizes true rape cases and demeans women who are really raped."

The defendant was charged in an identical incident involving a 23-year-old woman four days later, DeSipio said.

Neither woman knew the other and both told identical stories. The other men involved in the attack couldn't be identified.

DeSipio was so stunned by Deni's ruling in the first case that he refused to present the second one.

"I wouldn't demean her that way," he said of the second victim, calling the proceedings "a farce."

Judge Deni then threw out the second case for failure to prosecute.

Police Detective Jack Ryan, who investigated the incidents, said the victims in the two cases "were in fear for their lives. Since they saw one of the doers really well, it crossed both of their minds that they'd be killed."

Deni's decision to drop the sex charges is " frankly, appalling," he said.

Deni acknowledged that her ruling and remarks would be controversial.

"I know I'm going to get killed on this."

But she said she has to "sleep at night with what I decide."

And on the night of Oct. 4, when she ruled in the preliminary hearing of this case?

"I slept well."

Certainly the victims don't inspire much sympathy.

Why waste taxpayers' money for what some people consider an occupational hazard?

There are enough sympathetic victims without wasting time on prostitutes who ask for trouble, right?

But crimes are prosecuted not out of sympathy for victims, but to maintain the rule of law in a civilized society, to punish a criminal and prevent further crime.

I like Deni, but reducing rape to theft of services?

It's an insult. And it's more evidence of the skepticism and contempt most rape victims - prostitutes or not - confront when they seek justice in court.

DeSipio said he'll file to reinstate the charges in both cases right away - before a different judge, of course.

Hopefully, the next judge will be better able to differentiate between a violated business agreement and a violent attack. *

E-mail [email protected] or call 215-854-5850. For recent columns:

http://go.philly.com/porter

[Zipp0 1]

I have to say, there is some logic in that decision - twisted as it may be.

Either way it's freaking hilarious.

--------------------------
Chuck Norris doesn't do push-ups, he pushes the Earth down.

[christelsabine 1]

Holy Crab.
That's really shattering.
Holy Crap.

dudeist skydiver # 3105

[Shotgun 1]

What's hilarious about a woman getting raped?

I don't see any logic in the judge's decision.

[Zipp0 1]

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What's hilarious about a woman getting raped?

I don't see any logic in the judge's decision.

Well, the rape part isn't that funny, but the story in it's intirety is.

I guess I just have little pity for some woman who whores herself on craigslist and ends up getting fucked by a bunch of scumbags. Her intention WAS to get banged, so 'mission accomplished' I guess.

You have to admit, she wan't some innocent girl who got mugged in a dark alley.

--------------------------
Chuck Norris doesn't do push-ups, he pushes the Earth down.

[lawrocket 3]

I wonder what the penalty is for armed robbery. And how it stacks up against forcible rape.

Basically, I'm wondering if the penalties are more severe. The way laws are nowadays, I would not be surprised.

My wife is hotter than your wife.

[SkyDekker 1,147]

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I guess I just have little pity for some woman who whores herself on craigslist and ends up getting fucked by a bunch of scumbags. Her intention WAS to get banged, so 'mission accomplished' I guess.

I think her intention was more to make money, so mission certainly not accomplished.

[rushmc 18]

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I wonder what the penalty is for armed robbery. And how it stacks up against forcible rape.

Basically, I'm wondering if the penalties are more severe. The way laws are nowadays, I would not be surprised.

This is an interesting point. Are you suggesting that maybe this is one savy judge that knows how to get more punishment than a rape charge might get? Or maybe she knows that robbery is easier to convict?

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[Shotgun 1]

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You have to admit, she wan't some innocent girl who got mugged in a dark alley.

It makes no difference to me whether it's an innocent virgin or a prostitute who's slept with thousands of men. Rape is rape.

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Her intention WAS to get banged, so 'mission accomplished' I guess.

So if I agree to have sex with someone, and then he forces me at gunpoint to have sex with his buddies too, then that's ok since my intention was "to get banged" in the first place?

[DJL 232]

The Ho needs a Pimp.

"I encourage all awesome dangerous behavior." - Jeffro Fincher

[kelpdiver 2]

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I have to say, there is some logic in that decision - twisted as it may be.

Had they skipped out on payment afterwards, maybe you can make the argument. But that's not how it happened.

[Thanatos340 1]

The only part of this decision that even resembles sanity is fact that she went straight to another customer before reporting it.

(I cannot and will not defend this decision at all, but see how that would factor in the judges decision.)

Without the gun.. Say the guy refuses to pay after services were rendered, then I could see theft of services. That is something entirely different than what it sounds like happened here.

[jgoose71 0]

Just another example of why I hate judges. I don't agree with the ladies job choice, but that doesn't mean she deserves what happened.

When a judge botches up a ruling this badly, what recourse does a person have that doesn't involve thousands of dollars?

"There is an art, it says, or, rather, a knack to flying. The knack lies in learning how to throw yourself at the ground and miss."
Life, the Universe, and Everything

[lawrocket 3]

Quote

Quote

I wonder what the penalty is for armed robbery. And how it stacks up against forcible rape.

Basically, I'm wondering if the penalties are more severe. The way laws are nowadays, I would not be surprised.

This is an interesting point. Are you suggesting that maybe this is one savy judge that knows how to get more punishment than a rape charge might get? Or maybe she knows that robbery is easier to convict?

I'm saying "possible." I just don't know. But it's POSSIBLE that these guys could have been sent down the river.

My wife is hotter than your wife.

[ExAFO 0]

Interesting tactic to make it a federal charge...

Illinois needs a CCW Law. NOW.

[lawrocket 3]

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When a judge botches up a ruling this badly, what recourse does a person have that doesn't involve thousands of dollars?

It won't cost her a cent. It's the DA's job.

My wife is hotter than your wife.

[kelpdiver 2]

Quote

Quote

When a judge botches up a ruling this badly, what recourse does a person have that doesn't involve thousands of dollars?

It won't cost her a cent. It's the DA's job.

Judges can get taken down. Just recall what happened to CA judges against the death penalty.

but it's rather unlikely the population will be up in arms about a hooker getting raped.

[Richards 0]

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I have to say, there is some logic in that decision - twisted as it may be.

No. If she had agreed to all services and then they refused to pay at the end then it would be theft of services. Once she was forced at gunpoint to participate in sexual activities she did not want to be part of it became rape.

My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

• Quote

[akarunway 1]

Quote

The Ho needs a Pimp.

Was she Nappy Headed?

I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

[NCclimber 0]

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I have to say, there is some logic in that decision - twisted as it may be.

Either way it's freaking hilarious.

You have some "interesting" values.

[Tonto 1]

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It makes no difference to me whether it's an innocent virgin or a prostitute who's slept with thousands of men. Rape is rape.

Amen.

I just don't understand why some people don't get that.

t

It's the year of the Pig.

[warpedskydiver 0]

Zippo I expected better from you.

Rape is Rape, no matter who the victim is.

[rehmwa 2]

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Are you suggesting that maybe this is one savy judge that knows how to get more punishment than a rape charge might get? Or maybe she knows that robbery is easier to convict?

The first 2 had a contract - that's theft (though it's purchase of illegal goods - prostitution isn't legal in Philly?). The next 3 didn't and it escalated to gunpoint - that means all FIVE are rapists at that point.

total of 6 people breaking some kind of law.

A more savvy prosecutor would files charges on both crimes against the rapists - it doesn't have to be either/or. They need to do what it takes to lock up these creeps.

Also they'd file solicitation charges against the prostitute.

There should be a TON of charges filed against all of them. Including the girl. Especially the rapists.

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[rushmc 18]

Quote

Quote

Are you suggesting that maybe this is one savy judge that knows how to get more punishment than a rape charge might get? Or maybe she knows that robbery is easier to convict?

The first 2 had a contract - that's theft (though it's purchase of illegal goods - prostitution isn't legal in Philly?). The next 3 didn't and it escalated to gunpoint - that means all FIVE are rapists at that point.

total of 6 people breaking some kind of law.

A more savvy prosecutor would files charges on both crimes against the rapists - it doesn't have to be either/or. They need to do what it takes to lock up these creeps.

Also they'd file solicitation charges against the prostitute.

There should be a TON of charges filed against all of them. Including the girl. Especially the rapists.

Agreed!

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[CornishChris 5]

If she consented to one person, had sex with him and then he failed to pay I could understand the decision, this not not what happened. She was however raped by a group of men at gunpoint. They should all be charged with rape and the judge should be fired out of a cannon into the sun.

CJP

Gods don't kill people. People with Gods kill people