Judges Find Absurd Reasons to Let Rapists Off the Hook

A Mexican judge recently cleared a 19-year-old man of rape because he assaulted a girl without “carnal intent” — meaning he didn’t get off from it.

The sexual assault happened on New Year’s Day 2015 but recently made international headlines again after the judge’s devastating decision. Early on January 1, 2015, Diego Cruz and three male friends forced the 17-year-old victim into a car. He and his friend, Jorge Coahuila, sexually assaulted her in the car by touching her breasts and penetrating her with his fingers. She was later taken to the house of one of the assailants and raped.

Despite a video confession by assailants, the Judge Anuar Gonzalez Hemadi decided to dismiss the charges because, “an incidental touching or fondling will not be considered sexual acts, if proof is not presented that it was done to satisfy a sexual desire.”

The move signaled to women in Mexico and around the world that rape isn’t rape if you’re a rich man and the assault doesn’t get you off.

Basically, it’s okay to sexually assault women as long as you don’t enjoy yourself.

The judge also decided that even though the victim was abducted by three older men, she was not “defenseless.”

It would be easy to look at the outcome of this case as a despicable, but anomalous, miscarriage of justice. But that would be wrong; similar incidents have happened around the world.

Just a few weeks earlier in Turin, Italy, news surfaced that a judge acquitted a man of sexual assault because the victim didn’t scream or “betray emotion” during the assault. Now, the woman is facing slander charges because, according to CNN, she didn’t “become emotional enough to stop the assault.”

Several cases over the last few years have been dismissed because judges decided young girls looked or behaved older than they actually were when they were assaulted by an older man. In 2015, a 27-year-old Swedish man was acquitted after allegedly raping a 13-year-old girl because court officials decided her body was “well-developed” and the man could not have known how old she was when he assaulted her.

Similar cases occurred in London and Montana, where judges accused teenage rape victims of “grooming” predators almost three times their age and being “older than her chronological age.”

Even when judges aren’t acquitting rapists for outrageous reasons, they’re making harmful and ignorant comments that show just how deeply rape culture runs. Last month, a Canadian judge resigned after well-deserved backlash over his horrific comments to a 19-year-old victim. Justice Robin Camp repeatedly asked the victim why she hadn’t done more to prevent the rape and told her that “sex and pain sometimes go together.” He also asked her, “Why couldn’t you just keep your knees together?”

In 2013, an Indonesian supreme court candidate made similarly horrific remarks in front of a parliamentary selection panel when he claimed some victims might “enjoy” rape.

Around the world, judges have shown over and over again that they will find any excuse, no matter how nonsensical or disturbing it may be, to let rapists go free—particularly if they’re some combination of rich, white, famous or talented. Over and over, women are told that their safety is not as important, not nearly as important, as a man’s potential, his career, his reputation or his “college experience.”

At the same time, men get the message that if they happen to be one of the few rapists to even face charges, determined judges will find a way to let them walk. Or, if that’s not possible, to ensure that their minimal punishment interrupts their lives as little as possible, because of course we wouldn’t want to ruin those.

Photo Credit: Thinkstock

106 comments

Marie W
Marie W2 months ago

Thanks for sharing.

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Melania P
Melania Padilla5 months ago

Shame! Killers should be killed, period.

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Sarah Hill
Sarah Hill5 months ago

Society is getting sicker & sicker.

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Jaime J
Jaime J6 months ago

Thank you

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Carl R
Carl R7 months ago

Thanks!!!

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Karen H
Karen H7 months ago

Are you ready for this one? A Utah judge called a former Mormon bishop convicted of rape an "extraordinary, good man ... But great men sometimes do bad things." Bad things??? The bishop was found guilty of 10 counts of forcible sexual abuse and one count of object rape.

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Janis K
Janis K7 months ago

Thanks for sharing.

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Karen H
Karen H7 months ago

Vet every name on the ballot. Judges included. What have they done? What are their views on topics like rape? The Canadian judge who told the victim to keep her knees together is the father of a rape victim. Judges who honestly believe rape is committed to "satisfy a sexual desire" are idiots. It's a power trip to degrade and humiliate. The Italian judge was only following his religion: a rape victim who doesn't scream loud enough shall be stoned to death. Thanks for the link to https://goprapeadvisorychart.com/. I've emailed Marco Rubio multiple times, asking what help he would give pregnant rape victims. I've also asked if he would force her to raise the child, and if so, what assistance he would give. Rubio has NEVER responded. In 2001, Rubio proposed (and Jeb Bush signed) a law that required single mothers (even rape victims) to publish their sexual histories in the newspaper before putting a baby up for adoption. In many states the victim has to pay for her own rape kit, which then languishes on a shelf untested.

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Kathleen E
Kathleen E7 months ago

Insane. Yet again, it's a man's world, comes to mind.

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Margie F
Margie FOURIE7 months ago

The justice system is not just.

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