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Re: NJ Judge Who Asked Rape Victim if She Tried to Close Her Legs Is Removed From Bench

By: clo in ALEA | Recommend this post (0)
Wed, 27 May 20 4:34 PM | 13 view(s)
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Msg. 36472 of 54959
(This msg. is a reply to 36470 by Cactus Flower)

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This is RARE, to remove a judge.
He deserved removal.

The woman appeared before Russo in 2016 seeking a restraining order against a man she said sexually assaulted her. According to a transcript of the exchange, when the woman described her encounter with the man, Russo asked her, “Do you know how to stop somebody from having intercourse with you?”

When the woman answered affirmatively and said one method would be to run away, Russo continued, “Close your legs? Call the police? Did you do any of those things?”

He also made joking comments to staffers about the exchange after the woman had left the courtroom, according to a report issued by an ethics committee. 

Russo was put on administrative leave in 2017 and reassigned to a different county court in December. In April, the ethics committee called his conduct “discourteous and inappropriate” and recommended he be suspended for three months without pay, though several dissenting members felt a six-month suspension would be more appropriate. The Supreme Court will issue a final determination.

The committee also concluded Russo violated rules of conduct on other occasions, including when he ruled on an alimony case in which he acknowledged he knew both parties. 

In the past, Chief Justice Stuart Rabner questioned how a sex assault victim could have confidence in the judicial process if Russo remains on the bench.

“If the court were to decide that he could not preside over these sorts of sensitive matters, like the conduct here, how could he then serve anywhere in the system without the same types of concerns about public confidence in our judicial system arising?” Rabner asked.

http://www.pix11.com/news/local-news/new-jersey/nj-judge-who-told-sexual-assault-victim-to-close-her-legs-to-prevent-rape-removed-from-bench




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The above is a reply to the following message:
Re: NJ Judge Who Asked Rape Victim if She Tried to Close Her Legs Is Removed From Bench
By: Cactus Flower
in ALEA
Wed, 27 May 20 4:19 PM
Msg. 36470 of 54959

As ever, everyone wants bad actors to be punished. But where facts are disputed and there's no evidence and two witnesses with opposing testimony, everyone is stuck with asking awkward questions and making hard decisions.

Trying to figure from the article if the judge was clumsy or cynical. It sounds like he had the impression the alleged victim was a liar to me.

Was he trying to find a way to ask if she had indicated anything to the alleged perpetrator - in words or behaviour - so that he understood she was not a consenting participant?

People don't write legal contracts in the bedroom. They don't necessarily strike a verbal agreement. So you may want to examine behaviour. Women do lie as do men, and you can only get to the truth by asking questions.

It's quite a demand to disqualify a judge from asking impolite-sounding questions ("insensitive, threatening, and discourteous") where a long jail sentence is involved for the alleged perpetrator. Especially if you think she is not entirely honest.

I hope the review panel was filled with thoughtful people who understand the difficulties in such situations. MeToo has revealed the monster. Tara Reade is a wonderful example of what happens when you adopt the principle that one should always assume honesty in women. Awkward questions can reveal the answers you need. Depends on the situation and whether everything else hangs together.

Without doing research I am not going to do, I am not sure this article impresses me with an opinion. Many cases aren't about someone jumping out of the bushes. They are about possible misunderstandings between adults in a bedroom.

Lest we forget, newspapers evoke outrage to sell their product.


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