Judge overturns rape verdict because the victim “didn’t behave like a victim”

[n2doc]

Katie Mcdonough

A Georgia Court of Appeals judge has ordered a new trial for a man convicted of rape because he doesn't believe that the victim in the case "behave[d] like a victim."

“At no time prior to her outcry ... did [the victim] behave like a victim,” Appeals Court Judge Christopher McFadden wrote in the order. “Nor did [William Jeffrey] Dumas behave like someone who had recently perpetrated a series of violent crimes against her. ... It requires more than that bald argument to satisfy this court that it should ignore the fact that, until the outcry, neither of them showed any fear, guilt or inclination to retreat to a place of safety.”

McFadden also wrote that the victim, who has Down syndrome, did not exhibit "visible distress” when she reported the rape.

Fayette County District Attorney Scott Ballard, who prosecuted the case, said he felt "disgust" at the judge's actions.

more

https://trove.com/me/content/e4Yn4

[In_The_Wind]

1. I swear: I feel like tearing up my birth certificate when I read about Georgia.

[Hoyt]

6. +1.

[Jefferson23]

2. The victim has Down syndrome and the judge can GO TO HELL.

The District Attorney’s Office filed a motion asking McFadden to recuse himself from the case, noting that Dumas’ semen was found on the victim's bed and that a doctor concluded after examining the woman that his findings were consistent with forcible rape. McFadden ultimately withdrew from the matter.

[Thinkingabout]

3. This is shameful, another dumb dumb decision made by men who those willing to abuse women and the

Last edited Fri Mar 7, 2014, 02:42 PM - Edit history (1)

Handicap. He should be charged with accessory. Inexcusable, When Todd Akin spoke about legitimate rape I wonder where he would have placed this one. BTW, the body part which should shut down in cases of rape is the rapist's brain. Apparently the judges brain shut down this time.

[proudretiredvet]

11. This is wrong, the guy should be hung by his gonads and beat.

In no way do I excuse or justify his actions. He is guilty and should be punished to the fullest extent of the law.
I am curious as to how you tied this to the military? I read the article and he was tried in civilian courts and it made no mention of he being a member of the military.

[Thinkingabout]

18. Sorry, big typo, I typed m and the rest went automatically, need to proof myself.

[Brickbat]

4. Funny, when women "behave like victims" they're unreliable because they're erratic and hysterical.

Just can't win.

[geek tragedy]

5. what rape culture? another woman-hating pig sitting in black robes nt

[Comrade Grumpy]

7. That guy needs to be retired. At least he was forced to withdraw from the case.

[CherokeeDem]

8. This woman has Down's Syndrome....

and she didn't behave like a victim??

I have no words.

What is happening to this country? We seem to be turning into some crazed reality show where the most bizarre, idiotic actions are rewarded.

I... I... crap.....

[Whisp]

27. I saw the movie Hard Candy last night for the first time...

just sayin'...

[CherokeeDem]

31. Haven't seen it...

Don't wish to and not sure how it fits here.... just saying...

[unblock]

9. his first criminal case? my, he's off to a brilliant start, isn't he?

[lark]

10. Impeach that Ahole

OMG, how could someone be so damn callous? I bet he's a Repug.

[rickyhall]

12. I watched The Invasion last night

and it got me wondering, Can a virus cause sociopathy?

[joeybee12]

13. This is un-fucking-believable...knr

[11 Bravo]

14. There are people in this world with whom I would enjoy being locked in a room. Just them ...

me, and a Louisville Slugger.

[jsr]

15. They need to get this monster off the bench ASAP.

[azurnoir]

16. Down Syndrome or not just how in the mind of this Judge is a victim supposed to behave ?

this guy shouldn't be judging anything

[cali]

17. this should be grounds for removing that piece of dog shit judge.

[sakabatou]

19. WTF?!

[msanthrope]

20. A devout Catholic, Federalist Society member, this judge.....

http://www.gaappeals.us/biography/bio_judges.php?jname=christopher+mcfadden

[yeoman6987]

22. Sadly they don't give his political party

So we have no idea if he is Democratic or Republican. I wish they would specify in the write up. I mean they put every other fact in the story.

[LiberalArkie]

26. Spoke to the Republican party

here is a pic of him and Justice Thomas
?lvh=1

[Whisp]

28. devil spawn. ugly fookers from hell. n/t

[heaven05]

21. what a load of verbal shit!!!!!

that judge?geez

[CSStrowbridge]

23. Impeach Judge Christopher McFadden

Impeach Judge Christopher McFadden. Nothing more needs to be said.

[Logical]

24. I hope the next trail is ever quicker! Lock him up! nt

[ashling]

25. Is there any way to remove this judge from the bench?

There was a little piece of the story about him recusing himdelf - I wish the stoy had been more complete on that.

[get the red out]

29. How stupid are some of these judges?

This woman has Down syndrome. She is not going to behave exactly to his expectations, she is not just like the women of his imagination.

This ruling is simply despicable. This judge should be disbarred.

[siligut]

30. That is just an excuse for not punishing rapists

Appeals Court Judge Christopher McFadden is a sell-out and weak of character.

[gollygee]

32. OK, when we talk about rape culture

this is the kind of stuff we're talking about. Judges and the police and prosecutor do this kind of stuff, and even more so people who know the victim and accused do this stuff. Not everyone, and not all people in the criminal justice system, but enough that it creates a culture that dismisses and minimizes rape, discourages rape victims from seeking justice, etc.

[Gothmog]

33. I am so happy that this idiot judge is not from Texas

This is the type of stupidity that I would expect from one of my state's judges

[JoeyT]

34. Rape is one of the few

crimes where the victim is on trial as much or more than the defendant.

I agree with Scott Ballard, disgust pretty much sums it up.

[cui bono]

35. Sure, let's disregard actual evidence for someone not acting the way one judge believes they should

act. The fact that the victim has Down Syndrome makes it worse, but even if she didn't it's still appalling.

Dumas’ semen was found on the victim's bed and that a doctor concluded after examining the woman that his findings were consistent with forcible rape.