Thursday, November 19, 2009

Drinking binge + past abuse + female = no time for rape?

41 year old Jenny Lee Mitchell of Sebastopol, Ballarat (in Australia) had sex with two teenage boys during a drinking binge. The incident happened in March last year after Mitchell bought a slab of vodka Cruisers and shared it with a 17-year-old boy, who was staying with her at her unit, and his younger friend. But the worst part of this isn't that she violated the young boy but that fact that she violated him and will not face any jail time for it.

How can this be you ask? Well it would seem that the judge presiding over the trial, Howard Mason, concluded that the abuse that Mitchell has suffered were what made her commit those crimes and thus were a mitigating circumstance and grounds to suspend her entire sentence of 2 years. Mason cited Mitchell's background in which she says she left home at the age of 14 and was held captive for 16 days and was raped* and assaulted by her captured for that period.

“You have been very much a victim,” the judge told Mitchell.

“The incident was spontaneous (and) you were acting out of character.”


Now this is not the first time a rapist has brought up their own abuse in order to explain away why they raped someone. Its very likely true that the things she say are true and she was raped and abused as a young teen but that should not be an excuse for turning around and raping a child herself. Its not acceptable when male rapists try it but as a woman it seems to be a valid defense.

This instance of female sentencing discount a knife in the back of the child she raped essentially telling him that the fact that she is an alcoholic and was raped in the past takes precedence over his own violation.

So much for the "best interests of the children" eh?

* - If you look at the original article you see that the word rape doesn't even come up until they are talking about he past. Apparently she "had sex" with a young boy but she was "raped" when she was a young girl.

Tip of the Fro to Toy Soldier.

2 comments:

Sonja Newcombe said...

Yeah, meanwhile, a good man is going to jail for 14 years after murdering his wife. After 18 years of sustained abuse from her (verified by neighbours and family), he snapped and strangled her.
http://www.canberratimes.com.au/news/local/news/general/jail-for-battered-husband-who-snapped/1683185.aspx

Danny said...

That's what I'm getting at Sonja. Often times when a woman commits a crime (especially violent crimes like rape and murder) the system will often go out of its way to find a reason to let her off easy.

Mary Winkler served a few months in prison for killing her husband while he was sleep. Not in the middle of a fight. Not waiting at home to ambush him after he threatened to kill her. In the back in the middle of the night while sleep and watched him die. But that's okay because he abused her (mind there was almost no evidence to back her claim).

Right now Melissa Huckaby is facing charges for kidnapping, raping, and killing Sandra Cantu. Is it a surprise that people are going straight to the "But she's a girl!!!-defense?

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