Is Gang Rape of Prostitute 'Theft of Services' or 'Rape'?

hotballa · Nov 1, 2007

This might wind up in D&D...

http://www.foxnews.com/story/0,2933,307245,00.html

PHILADELPHIA — In a rare rebuke, a bar association has criticized a judge for refusing to uphold sexual assault charges against a man accused of letting friends rape a prostitute he had hired. The judge said she considered the case "theft of services."

Municipal Judge Teresa Carr Deni heightened the furor when she defended her decision to a newspaper. "She consented and she didn't get paid," Deni told the Philadelphia Daily News. "I thought it was a robbery."

Deni also told the newspaper that the case "minimizes true rape cases and demeans women who are really raped."

Dominique Gindraw was accused of ordering the accuser at gunpoint to have sex with three men, but Deni dismissed the rape and sexual assault charges Oct. 4. She upheld conspiracy, robbery, false imprisonment and other charges against Gindraw.

The chancellor of the Philadelphia Bar Association issued a statement Tuesday that questioned Deni's understanding of state law.

"The victim has been brutalized twice in this case: first by the assailants, and now by the court," Chancellor Jane Leslie Dalton wrote. "We cannot imagine any circumstances more violent or coercive than being forced to have sex with four men at gunpoint."

Carol Tracy, executive director of the Philadelphia-based Women's Law Project, called Deni's comments "a throwback to the Middle Ages, when rape was a crime against property, not against a person."

The 20-year-old woman, a single mother, testified that she worked for an escort service that advertised through the Web site Craigslist.

She went to a North Philadelphia home Sept. 20 to meet Gindraw, who had agreed to pay her $150 for sex. He then said that a friend was coming with the money and that the friend would pay her another $100 to perform sex acts.

Instead, three other men arrived, and Gindraw pulled a gun and ordered the woman to have sex with all of them, she testified.

"He said that I'm going to do this for free, and I'm not going nowhere, and I better cooperate or he was going to kill me," she testified at a preliminary hearing.

Gindraw also took her cell phone and a purse containing pepper spray, she said.

The other men have not been identified or charged.

"Even though the woman is a prostitute, it doesn't mean she couldn't be a victim," Dalton said Wednesday. "Once she says 'No, it's not OK,' then to have sex with her is rape."

A bar association committee recently gave Deni high marks and recommended that voters support her in a Nov. 6 judicial retention election.

Deni, who makes $148,596 a year, did not immediately return a phone message left at her office Wednesday. Her lawyer, George Bochetto, said Deni called Dalton's statement that the victim was brutalized twice "regrettable."

"The transcript doesn't necessarily tell the whole story," Bochetto said. He said Deni also considers a witness' tone of voice, demeanor and other factors in her rulings.

Prosecutor Richard DeSipio and Gindraw's public defender, Susan Lin, did not return messages left Wednesday seeking comment.
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pirc1 · Nov 1, 2007

Looks like you are back to your normal form. Is the stress from the wedding over?

hotballa · Nov 1, 2007

pirc1 said:

Looks like you are back to your normal form. Is the stress from the wedding over?
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yea it was a good honeymoon

Angkor Wat · Nov 1, 2007

Rape is rape. Doesn't matter if she was a hooker or not. He put a gun to her head and made her have sex.

Xerobull · Nov 1, 2007

So three people constitutes a gang, in the rape sense?

pirc1 · Nov 1, 2007

Xerobull said:

So three people constitutes a gang, in the rape sense?
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I think two would qaulify as gang?

Apollo Creed · Nov 1, 2007

I think if you get 5 it constitutes what is legally classified as a "train"

hotballa · Nov 1, 2007

Apollo Creed said:

I think if you get 5 it constitutes what is legally classified as a "train"
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thats a straightout lie, in the player's club, Ice Cube and his friend clearly define a train as two people. so hah!

TeamUSA · Nov 1, 2007

The way the incident happened or progressed, it qualifies as rape depending also on how the lady advertised her services on craigslist but generally it's a one on one situation. in stricter terms, services like this is good for one person - one ejaculation. espcially with the mention of guns, threats, that aggravates the situation.

RocketMan Tex · Nov 1, 2007

It's both rape and theft of services, IMHO.

Lady_Di · Nov 1, 2007

WOW! I can't believe that.

It is a RAPE! It also can be thief of services BUT RAPE is more serious. We're talking about a person, no matter what.

Why can't he get two charges?

bladeage · Nov 1, 2007

Theft of services? Seriously... that is ****ed up. It is a gang rape at gunpoint, plain and simple.

Air Langhi · Nov 1, 2007

That judge sucks. Isn't prostitution illegal?

halfbreed · Nov 1, 2007

Rape.

Is anyone else confused as to why they included the judges salary? What does this add to the story?

rhadamanthus · Nov 1, 2007

halfbreed said:

Rape.

Is anyone else confused as to why they included the judges salary? What does this add to the story?
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That she's an ignorant twit and still makes way more than the average joe?

The Real Shady · Nov 1, 2007

Sounds like stealing to me.

halfbreed · Nov 1, 2007

rhadamanthus said:

That she's an ignorant twit and still makes way more than the average joe?
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True. However, I don't think it should make anyone more outraged. The disgusting nature of her decision speaks for itself.

RunninRaven · Nov 1, 2007

I'm not sure how the judge rationalized that the prostitute "consented" when they were holding a gun to her head. Now, if she consented to the first guy, and he decided to hold a gun to her head while be banged her, and then didn't pay her, I could see the argument. But the guy forced her to do the other 3 and there was never any agreement on money. I don't consider that consent.

MoBalls · Nov 1, 2007

Its rape.

rrj_gamz · Nov 1, 2007

^Agreed...The judge is on crack...

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Is Gang Rape of Prostitute 'Theft of Services' or 'Rape'?

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Is Gang Rape of Prostitute 'Theft of Services' or 'Rape'?

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