Rapist found guilty but gets suspended sentence because his sister was

[TheSunnySide]

here

So basically his victim is just a fall guy for the trauma he suffered because someone raped and killed his sister

I have no words ...

This is how little women matter.

Surely there is a "minimum sentence" for rape of a child, if there were loads of mitigating circumstances, that must be higher than a suspended sentence, surely.

So the judge will have stepped outwith the sentencing guidelines? And can be shot overruled?

Surely, if he's committed a horrific crime but been judged to not be of sound enough mind to take full responsibility for his actions, then he should be somewhere like Broadmoor, where he can get the help he needs, whilst not being a danger to other children?

No, there would have to be a finding of insanity for that and in fact the likelihood is that it would actually be a finding of Not Guilty by reason of insanity. The court would have to be satisfied that he was either suffering from a disease which damaged the functioning of the mind and led to a defect of reason that prevented him from understanding what he was doing, or that he could not tell that what he was doing was wrong.

I think a not guilty due to insanity would almost be easier to swallow. The fact is the man was classed to be of sound mind, yet still got away with it. How much louder can it shout, 'it's ok, as long as you have a good reason, you can rape a 12 year old girl'! Awful, heartbreakingly awful.

No, there would have to be a finding of insanity for that and in fact the likelihood is that it would actually be a finding of Not Guilty by reason of insanity.

That was kind of my badly made point. He was not judged to be not in control of his actions for reasons of insanity, therefore he should currently be serving a prison sentence commensurate with his crime.

I've been thinking about this today. How can there ever be any leniency for the rape of a child, in any circumstances. Seriously, how? It makes me want to weep with the injustice of it.

A suspended fucking sentence for 2 years for rape. When people can get their benefits stopped for 3 years. The system is corrupt. There needs to be a stink kicked up over this.
The should chop it off and choke him with it.

Really terrible. So sorry for the poor girl. And such a low trial and conviction rate for this most odious of crimes anyway. I so hope she finds peace and justice? Maybe in the next life. How many people suffer terrible traumas without inflicting anything on anyone else? What does this say to them?

I am absolutely not victim blaming. I agree that a 12 year old is forced in any circumstances. I agree he should have got a much longer sentence. I agree that any sex with a 12 year old in unquestionably rape. HOWEVER a judge may change a sentencing decision based on the circumstances surrounding the rape and that includes whether or not the victim went 'willingly' (or not due to age) versus a physically violent forcing.

He still deserves to be in prison for a long time and I think this sentence is far too lenient. All I was pointing out was that the Judge will likely have reasons even if we disagree with them.

Anyway scratch that because I've just read back and it seems that was not the case anyway. I already thought the Judge needed his head examined but now I am even more sure. How dare he tell the girl she is worth so little.

"change a sentencing decision based on the circumstances surrounding the rape and that includes whether or not the victim went 'willingly' (or not due to age) versus a physically violent forcing"

At 12 years old? No.

At 12 years old? No.

I know that it should be a "No", Bertrand, but there have been cases where the judge has adjusted a sentence because they believed the victim went "willingly". In fact, there was one over the last year where the judge pretty much blamed the (IIRC) 13 year old saying she was a sexual predator!

It's disgusting, but it does happen. But not even that excuse applies here.

Had to google this as I thought there must be more to it. There really isn't, he used violence and threats of violence to rape a 12 year old girl three times. Can't believe a judge in this country would be so lenient. Hopefully there will be an appeal soon and the matter will be rectified, as the sentence received just beggars belief.

I really cannot believe that this has happened. In the UK.
I am absolutely fucking appalled and angry.

Utterly disgusting

Thanks for the link tribpot - I've also emailed a complaint. I know it says that only one person needs to complain to force a review, but does anyone know if several complaints might make the outcome more favourable? If so we need to be shouting about this from the rooftops

Local news for me

I am so angry i cant actually formulate a post explaining how angry. Agree that he should be in broadmoor if his mental health is so diminished that it is not his fault.

I know internet petitions are a bit crap, but do you reckon this case would benefit from one?

What happened to Nikkita Grender was truly awful.

I can well believe that her family have suffered all sorts of consequences, including enduring ones.

But if he had such mental difficulties that he lacked the capacity to understand (on three separate occasions) that his actions were wrong, then surely he needs to be considered for detention under the Mental Health Act?

So if you have a family member who is raped&murdered you can do this too with a suspended sentence. Bit like and eye for and eye...

This cant be true, very frightening...

I did actually wonder if this poor child was a member of the murderer's family, whether it had been done out of revenge. Not that that would in any way make the crime less severe or the punishment appropriate, but whether this judge would have (wrongly) factored that into his thinking.

In terms of whether more than one complaint would influence the outcome of an appeal - no, because the appeal would investigate the appropriateness of the judge's sentence based on sentencing guidelines, not public opinion. That said, I just googled to see if there was an online petition already on this case and was surprised that there wasn't.

Presumably victim and perpetrator live in the same community. Is she really meant to risk seeing him every time she leaves the house? It beggars belief.

If anyone ever questions why rape victims are reluctant to go to the police I will point to this case and say - look, this is how much the British justice system values women, what woman (never mind girl) would want to go through that ordeal for nothing?

I did actually wonder if this poor child was a member of the murderer's family, whether it had been done out of revenge

I hope the fuck not, as that kind of justification is not much different to those village councils in back-of-beyond Pakistani villages where the male relatives go and gang rape the female relatives, often girls, of a boy who has formed a relationship with their daughter/niece/whatever.

Presumably victim and perpetrator live in the same community. Is she really meant to risk seeing him every time she leaves the house? It beggars belief.

I also thought that.