28-year-old father faces lengthy prison term after court hears he subjected toddler to unimaginable sexual abuse between 2019-23, made child pornography depicting boy
I have to call out the prosecution. Why does it seem when it comes to child sexual abuse there seems to be a hesitation to call this what it is...rape. He gets consideration for this being his first offense??? Give me a break. It is the first time he was caught. Similarly, the man who was give seven (!!!) years after raping over 50 children because it was his first offense.
Rape of children has the highest recidivism rate of all crimes. There is no treatment that works. I don’t know what an appropriate punishment would be, I admit, but if I hear “he is sorry and this is his first offense so he deserves a more lenient sentence” I think I will throw up.
Rape is not longer a legal term used in criminal law. That the prosecutor didn't use the term doesn't mean she was minimizing his crimes - quite the opposite. And the offender himself used the term "rape" to describe his crimes, so I'm unclear on what the problem is in terms of use of terminology.
As for being a first-time offender and expressing remorse, the courts are required by law to consider mitigating factors, and a lack of a prior criminal history and expressions of remorse are outlined as among such elements for consideration. That doesn't mean they trump the aggravating factors. "He probably did it before and didn't get caught" isn't a viable legal argument. In fact, if the prosecutor or a judge made such a comment, it would be valid grounds for an appeal.
I have to call out the prosecution. Why does it seem when it comes to child sexual abuse there seems to be a hesitation to call this what it is...rape. He gets consideration for this being his first offense??? Give me a break. It is the first time he was caught. Similarly, the man who was give seven (!!!) years after raping over 50 children because it was his first offense.
Rape of children has the highest recidivism rate of all crimes. There is no treatment that works. I don’t know what an appropriate punishment would be, I admit, but if I hear “he is sorry and this is his first offense so he deserves a more lenient sentence” I think I will throw up.
Rape is not longer a legal term used in criminal law. That the prosecutor didn't use the term doesn't mean she was minimizing his crimes - quite the opposite. And the offender himself used the term "rape" to describe his crimes, so I'm unclear on what the problem is in terms of use of terminology.
As for being a first-time offender and expressing remorse, the courts are required by law to consider mitigating factors, and a lack of a prior criminal history and expressions of remorse are outlined as among such elements for consideration. That doesn't mean they trump the aggravating factors. "He probably did it before and didn't get caught" isn't a viable legal argument. In fact, if the prosecutor or a judge made such a comment, it would be valid grounds for an appeal.
I agree with what you say...I’m just saying as a person reading about these crimes, it seems as though they are minimized.
First time offender? Seriously? He sexually abused his son over 100 times.