Philly Judge Criticized for Rape Decision

[nhboy]

"A judge in Philadelphia has come under fire for a controversial ruling in which she reduced charges so that a man accused of raping a prostitute at gunpoint faced only robbery charges for "theft of services."

Municipal Judge Teresa Carr Deni earlier this month dismissed rape and sexual assault charges against Dominique Gindraw, who is accused of forcing a prostitute at gunpoint to have sex with him and several other men. Deni left intact charges of armed robbery for theft of services against Gindraw."

ABC News: Judge Blasted for Comments on What Constitutes a 'Real Rape'

 

[missperky]

Rape is rape.

 

[vraiblonde]

Rape is rape.

Yet if he paid her, she wouldn't have had a problem.

I agree with the Theft of Services ruling.

 

[ImnoMensa]

I agree too. Theft of services is the correct charge.

Under the new Maryland tax laws O'Malley is trying to get through he would also be charged with not paying the taxes on those services. Funny stuff.

 

[Ken King]

I think at a minimum armed robbery would have been a more appropriate charge.

 

[Sonsie]

I think at a minimum armed robbery would have been a more appropriate charge.

I'd have to disagree, when the gun was brought to into it the element of consent was not there. She might have been a prostitute but it was still rape if she didn't want to do it, especially with multiple men involved which increases the level of violence usually. That being said she should do some time for prostitution and the dudes for rape. Round up all the perps and get them off the street for a while.

 

[theArtistFormerlyKnownAs]

i agree with the Theft of services charge too
but also think that armed robbery may have been appropriate.

The fact is, she consented to have sex in return for money. If she had said no altogether (chances are she wouldn't...she's a prostitute lol), then i'm sure he'd have been charged with rape. Instead though, he just took those services that he'd agreed to pay for. :shrug:

the ruling works for me

 

[LordStanley]

They all should be thown in jail. The Hooker too!

 

[awpitt]

Considering the woman's line of work and that a gun was involved, the charge should've been armed robbery.

"The accuser testified that she initially agreed to have sex with Gindraw and a friend of his in exchange for money, but that Gindraw refused to pay her, held a gun to her head and forced her to have sex with several men, according to a transcript of an Oct. 4 court hearing."

Just wondering what happened to the other guys involved.

 

[godsbutterfly]

I'd have to disagree, when the gun was brought to into it the element of consent was not there. She might have been a prostitute but it was still rape if she didn't want to do it, especially with multiple men involved which increases the level of violence usually. That being said she should do some time for prostitution and the dudes for rape. Round up all the perps and get them off the street for a while.

Your answer is right on target. She might be a prostitute but when a man is taking sex from you at gunpoint after you said no it has gone way too far. She should get charged for solicitation and they should get charged with rape and use of a firearm in commission of a rape. Well said!

 

[theArtistFormerlyKnownAs]

Your answer is right on target. She might be a prostitute but when a man is taking sex from you at gunpoint after you said no it has gone way too far. She should get charged for solicitation and they should get charged with rape and use of a firearm in commission of a rape. Well said!

as far as i read, she never said "no".

she said "yes if you pay me xx amount of dollars"

so, a blatant no was never uttered...at least from what i read.

i'm not sure how the law works though...would they have to prove she said "no" for it to be rape or just prove she didn't say "yes"?

 

[godsbutterfly]

as far as i read, she never said "no".

she said "yes if you pay me xx amount of dollars"

so, a blatant no was never uttered...at least from what i read.

i'm not sure how the law works though...would they have to prove she said "no" for it to be rape or just prove she didn't say "yes"?

Well, I've never solicited but I'm guessing it kinda goes "You pay me money and I give you sex." and the guy says "Okay I'll give you money and you give me sex." We just entered into a verbal contract. (An illegal contract as far as the police are concerned but a verbal one between us.) If you say "I'm not paying you." then I would say "Then I'm not having sex with you." Contract null and void. You put a gun to my head and you and your buddies proceed to have sex with me - RAPE! At least that's how I see it.

 

[theArtistFormerlyKnownAs]

Well, I've never solicited but I'm guessing it kinda goes "You pay me money and I give you sex." and the guy says "Okay I'll give you money and you give me sex." We just entered into a verbal contract. (An illegal contract as far as the police are concerned but a verbal one between us.) If you say "I'm not paying you." then I would say "Then I'm not having sex with you." Contract null and void. You put a gun to my head and you and your buddies proceed to have sex with me - RAPE! At least that's how I see it.

yeah...but i'm sure it didn't go as black and white as you put it...

from what i read, the judge made the right call, not rape. it was a judgement call though...thats why they are there...to make that all important judgement.

 

[vegmom]

Bottom line: she had a gun to her head while several men she had not agreed to have sex with had their way.

That is rape.

 

[tommyjones]

Bottom line: she had a gun to her head while several men she had not agreed to have sex with had their way.

That is rape.

Q: how do you rape a prostitue?

A: dont pay her


I dont see it as rape at all, she agreed to the sex, just not the lack of compensation

 

[vegmom]

Q: how do you rape a prostitue?

A: dont pay her


I dont see it as rape at all, she agreed to the sex, just not the lack of compensation

So it was OK for him to put a gun to her head and force her to have sex with several other men?

FYI- There is a world of difference between rape and consensual sex. I know from first hand experience.

 

[mAlice]

I'm having a hard time with this one. On the one hand, it does look like armed robbery. The problem with this is that typically when one steals something with a heart beat, they're not going to have sex with it. Another thought, this was sex only up until the point it became an act of violence.

Let me back this up with, what is the crime called if you have sex with a sheep? Is it rape, or theft?

 

[MMDad]

So it was OK for him to put a gun to her head and force her to have sex with several other men?

FYI- There is a world of difference between rape and consensual sex. I know from first hand experience.

Calling this rape cheapens the crime for those who have truly been raped. It isn't fair to the true victims of rape to have this woman be considered a fellow victim.

She was going to have sex with these men for money, but they stole her services instead. I can see assault, armed robbery, maybe even kidnapping, but not rape.

 

[smcop]

Q: how do you rape a prostitue?

A: dont pay her


I dont see it as rape at all, she agreed to the sex, just not the lack of compensation

Most of these comments favoring the judges decision are obscene. By this logic if the woman were an airline stewardess and was robbed and made to go to Hackensack, then you wouldn't be able to charge them with kidnapping because she was going there anyway? It is quite absurd logic!

 

[godsbutterfly]

Most of these comments favoring the judges decision are obscene. By this logic if the woman were an airline stewardess and was robbed and made to go to Hackensack, then you wouldn't be able to charge them with kidnapping because she was going there anyway? It is quite absurd logic!

Thank you for that very excellent and well put example! She is still a human being even though she is a prostitute and she doesn't deserve a gun at her head and to be forced to have rape once she calls off the deal. Whether she would have gone thru with it if paid is irrelevant. She decided against it and they made her anyway.