Judge Tosses Out Rape Conviction -Down Syndrome woman didn't act like a victim

[Forest Wolf]

Judge Tosses Out Rape Conviction Because Woman With Down Syndrome 'Didn't Behave Like a Victim'

Image: ThinkProgress



A Georgia appeals court judge has ordered a new trial for a man convicted of rape, saying the woman with Down Syndrome, who accused him of the crime, didn't "behave like a victim."


In his opinion, Appeals Court Judge Christopher McFadden wrote that she did not show "visible distress" when she reported the rape. He also said "nor did [the perpetrator] behave like someone who had recently perpetrated a series of violent crimes," Salon reports.



William Jeffrey Dumas, had been convicted of repeatedly raping the 24-year-old woman on Oct. 18, 2010, the Atlanta Journal Constitution reports.

More @ Politix




Somehow I don't think this judge is going to go without having to answer for this deplorable decision.

 

[muslimsoldier4life]

Astagfirullah. What kind of idiot judge would say something like that?

 

[KitKatMatt]

I want to see the backlash for this. I want to see a big backlash, because this is terrible.

 

[Forest Wolf]

It's hard to imagine he thought to go on the record with these thoughts. And the victim of this horrible assault having to hear this!
If any good comes of this it could be that this judge is found unfit to continue on the bench. Maybe this case was the opportunity to save others from his strange ideas.

 

[revanneosl]

Here is the Georgia Code of Judicial Conduct.

Here is where you file a complaint.

Ladies and Gentlemen, shall we get to work?

 

[Forest Wolf]

I'd say so. The outraged public filing complaints, along with the D.A in this case one would hope, should go a long way to get justice for this terrible wrong.

Adding these links to the Comments section of the article would assist others to join the effort.

 

[Nithavela]

Remember, kids, if you still have enough will to complain, you can't have it that bad!

On a side note, what exactly was the evidence that the crime was comitted? You know, in doubt for the defendant and all that.

 

[CyberPaladin]

Remember, kids, if you still have enough will to complain, you can't have it that bad!

On a side note, what exactly was the evidence that the crime was comitted? You know, in doubt for the defendant and all that.

They found some evidence plus with the disability the victim suffered from it's possible she wasn't able to consent.

New trial for Georgia man who raped woman with Down syndrome | Crime | Columbus Ledger Enquirer

 

[Nithavela]

People with down syndrome can't legally consent to sex? Really?

 

[revanneosl]

People with down syndrome can't legally consent to sex? Really?

I would imagine that the ability of the mentally challenged to give legal consent varies from State to State. Unless we have an actual lawyer from GA here on the forums, or somebody who's willing to do the research, we're liable to get a bunch of uninformed opinions on what people think is true.

 

[CyberPaladin]

People with down syndrome can't legally consent to sex? Really?

I would imagine that the ability of the mentally challenged to give legal consent varies from State to State. Unless we have an actual lawyer from GA here on the forums, or somebody who's willing to do the research, we're liable to get a bunch of uninformed opinions on what people think is true.

I'm sure it does vary from state to state and it also would depend on the individual which is why I said it was possibility.

 

[CRAZY_CAT_WOMAN]

On a side note, what exactly was the evidence that the crime was comitted? You know, in doubt for the defendant and all that.

From the article. Also I'm sure they wouldn't put everything in the news paper.

In his ruling, McFadden said when the woman first complained about being attacked the day after the alleged rape occurred, she did not behave like a victim.

The motion noted that trial testimony established that Dumas’ sperm was found on the bed on which the woman slept the night of the alleged attack and that a doctor who examined the woman had made findings that were consistent she had been forcibly raped.

 

[Nithavela]

I don't envy those that have to decide if there was genuine rape or not and the woman just cried rape for some other reason. I know I don't know one way or the other, but there still is "in doubt, for the defendant", while the common knee jerk reaction of many people is the to assume guilt and condemn.

There are more than enough stories of men spending years in jail because of spitefull women, just like there are more than enough stories of women who really were raped, but couldn't prove so. It's a topic people should be a bit slower to judge and decry the justice system, I think.

 

[Habbit Animal]

The question should have been put to this judge as to how a woman who has been raped should appear so as to meet his qualifications for trial.

 

[CyberPaladin]

I don't envy those that have to decide if there was genuine rape or not and the woman just cried rape for some other reason. I know I don't know one way or the other, but there still is "in doubt, for the defendant", while the common knee jerk reaction of many people is the to assume guilt and condemn.

There are more than enough stories of men spending years in jail because of spitefull women, just like there are more than enough stories of women who really were raped, but couldn't prove so. It's a topic people should be a bit slower to judge and decry the justice system, I think.

You might want to get off your soap box and save that speech for a time when the question is about the actual evidence. People don't always respond to things in the same way and from what we access to that seems to be the only reason for the ruling.

 

[wintermile]

Has anyone read the Order On Motion For New Trial?

DUMASRedacted02.pdf

 

[Forest Wolf]

That's no way to get past the profanity filter.