Americans’ views of the theoretically blind and equal scales of justice are becoming more skeptical as each new case of unequal application of the law is revealed.
The O.J Simpson double-murder case made it perfectly clear that with enough money, anyone can buy their way to freedom. It also proved that racial bias can cause jurors, black or white, to ignore the evidence presented in a trial in order to vote their anger at society.
More recently, there have been a number of judicial decisions handed down in sexual assault cases that fly in the face of common sense and fair play.
A Comparison of Two Sex Assault Cases
A Texas school teacher named Maris Gonzalez was charged with sexually assaulting her 15-year-old student. She was allowed to plead “no contest” and was given probation with no jail time. She didn’t even have to admit she was guilty.
Compare her case to a 32-year-old immigrant from El Salvador named Paul Rodriquez. He was convicted of sexually assaulting his female roommate who he claimed acted in a consensual manner. Mr. Rodriquez accepted a plea deal and was sentenced to three years in state prison.
These two sexual assault cases are symptomatic of what is happening across the country. Although our justice system is based on the premise that everyone is treated equally under the law – black or white, young or old, male or female – it doesn’t always work out that way.
Men vs. Women in Sexual Assault Charges
Almost every case where a woman is charged with a sexual offense against a child, the defendant receives some form of probation rather than jail time if they’re in a trusted role as a teacher. Men in similar sexual assault cases are sentenced to prison almost 100 percent of the time.
Men and women should be treated just the same when found guilty of a crime regardless of the offense. The bias we have now, where women face much lighter sentences for sexual assault cases, is an affront to our justice system.
In some cases, the bias against male defendants can be offset by other factors that influence the judge handing down the sentence.
Recently, the rape case of a college student by a Stanford University swim team member named Brock Turner made news across the country. An unconscious young woman was viciously attacked and sexual assaulted by Turner behind a dumpster and was saved from further harm only because two other students stopped the attack and held the assailant for the police.
Santa Clara County Superior Court Judge Aaron Persky oversaw the trial in which Turner was found guilty. But rather than send him to state prison, Turner’s expensive legal defense team convinced Judge Persky that any hard prison time would have a negative impact on Turner’s future life.
Instead, Turner got six months in the relative safety of the county jail and then released on probation. This is the same judge who sentenced the El Salvador named Paul Rodriquez to three years in prison for a much less violent offense.
State Inconsistencies Regarding Sex Assault Law
The unequal sentencing factor also carriers over to individual states and even the federal government. Every state has a different sentencing scheme in place for people convicted of sexual assault.
For example, a California sexual assault conviction carries a possible sentence of 24, 36, or 48 months in prison. This type of sentence is known as “determinate” since it results in a specific term of years in prison. A judge will examine the facts of the case in order to settle on the exact sentence.
In New York, sexual assault cases are class D felonies. The sentencing judge has discretion to set the sentence but only within a certain range as mandated by state law. These are “indeterminate” sentences which means that the judge picks a range of years in between the absolute minimum and the absolute maximum. The defendant could serve the maximum term or just the minimum amount depending on their behavior in prison.
What’s the Solution?
It’s obvious, unfortunately, that sex cases are handled differently regarding male and female defendants. If you’re a male, the cards are automatically stacked against you. A public defender with a heavy work load won’t be much help.
If you can afford the expense of hiring skilled and experienced defense attorneys, your chances for a just resolution of your case with fair sentencing are greatly enhanced.