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August 12, 2014 02:03 PM UTC
7 Comments
I don't like Cory much and I do like Mark, but Mark is a civil attorney, not a criminal defense attorney. In 2002, the Colorado legislature enacted the Lifetime Supervision of Sex Offenders Act.
It reads in small part:
1)(a) Except as otherwise provided in this subsection (1) and in subsection (2) of this section, the district court having jurisdiction shall sentence a sex offender to the custody of the department for an indeterminate term of at least the minimum of the presumptive range specified in section 18-1.3-401 for the level of offense committed and a maximum of the sex offender's natural life.
§ 18-1.3-1004, C.R.S.
Very few sex offender are getting out once they are sentenced to DOC, and even then, they are looking at a lifetime of parole supervision.
Under Cory's law, the doctor would certainly receive an unjustifiable sentence, but the sex offender would undoubtedly do more time. This is assuming no plea bargains, no mitigation argument, etc.
I read about pretty damn light sentences for rape all the time.
Speak to any Colorado criminal defense attorney about light sentences for sex offenses. See how much they laugh. Does it ever happen? Yes, but it is not the norm.
I asked Silverstein about rape, not incest. So his answer adressed only a rapist.
What is commonly thought of as "rape" is covered by the criminal statutes dealing with "Unlawful Sexual Offenses" found at 18-3-401 et.seq. People convicted of forcibly having intercourse with an unwilling person (your scenario) face a penalty of what is essentially a life sentence. There are people in Colorado who had sex with an intoxicated person one time doing 10 years to life.
I am not sure why you bring up incest. I certainly wasn't talking about it.
I have tremendous respect for Mark Silverstein. I know him and I have worked with him, but he is not a criminal defense attorney. If you want information about a legal issue dealing with criminal statutes, talk to a criminal defense attorney or a prosecutor.
Under Jason Saltzman's headline, there could have been a story that made sense. But again, there wasn't.
As Jason, non-attorney, reads an answer from an ACLU attorney who does not practice criminal law (ie he does not know what he is talking about) about sentencing in criminal cases, something could happen.
Thanks for sharing.
I look forward to the next the media should cover something that even they consider beating a dead horse.
So I take it we'll see an announcement tomorrow from the Gardner campaign acknowledging their heartfelt belief that women who choose to end their pregnancy from rape and the doctor that helps them belong in prison with the rapist, right?
It's a principled stand you and Cory are proud to share, right AChole?