In Which I Incoherently Rant About Rape Apologist Judges Who Need to Be Removed From the Bench

And sometimes I come across a story that makes me want to curl up into a little ball and cry. Sometimes I come across a story that just makes me want to get up and walk away from the computer for the rest of the day. Once I’m done with this post, that’s precisely what I’m going to do.

Because I cannot make any sense of this story that doesn’t involve telling the judge to fuck off and die.

A 24-year-old man raped a 12-year-old girl repeatedly. The articles don’t say for how many months he continued to rape her. They do call this repeated rape of a child “sex” and “a relationship.” They do refer to the 12-year-old girl as the 24-year-old man’s girlfriend. And I guess that’s only appropriate insofar as that’s the narrative the judge is broadcasting to the world, and to this girl, in his ruling that does not involve any sort of jail time for the full grown adult who repeatedly raped her.

In sentencing, Judge Wayne Chivell said Hean had met his now-former girlfriend in March 2007.

She was 12 years old at the time, but lied and said she was 16 – Hean, who was 24, lied and said he was 20.

“When you learned she was 12, you continued to have a sexual relationship with her,” Judge Chivell said.

“By that time, you say you were in love with her, and somehow convinced yourself it was appropriate to continue.

“That was immature and irresponsible on your part, but I accept that you were not acting as a predator.”

Judge Chivell said the relationship – Hean’s first – persisted despite authorities warning the couple to stay away from one another.

After he was arrested for unlawful sexual intercourse, Hean saw the girl on nine more occasions – resulting in the breach of bail charges.

Although he faced a maximum of life imprisonment, Judge Chivell said Hean’s crimes were “at the lower end of the scale”.

“Girls and young women need to be protected from their own immaturity and sexual curiousity at that vulnerable age,” he said.

He imposed a 20-month non-parole period, and said there was “good reason” to suspend the sentence.

“You are unlikely to offend again, and the relationship is now over,” he said.

Fucking . . . no.

  1. Rape is not “immaturity.”  A rapist can be immature, but immaturity does not cause rape.  I am 24-years-old.  Me.  The same age as this man was when he raped a 12-year-old girl.  And do you know how long I’ve known that it’s wrong for an adult to “have sex” with a 12-year-old?  Oh, probably since I found out what sex was.  If this man was/is immature?  Doesn’t make a fucking difference, the fact that he couldn’t find a way to grow up doesn’t mean that children should have to pay for it with rape.  And rape is still rape, regardless of the offender’s personal issues.
  2. Not acting as a predator??? That’s what this judge says in relation to a grown man who rapes a pre-teen girl, including after he was ordered by the courts to have no contact with her.  That’s not predatory?  That’s not fucking predatory? Guess what — saying that you romantically love a 12-year-old girl, as an adult, is predatory.  Even if you actually do “love” that child, it’s still predatory.  That is not a fucking relationship it is rape.
  3. This abuse is at the lower end of the scale?  Why, because he failed to stab the girl, or beat her to a bloody pulp?  The fact that the girl is physically fine makes the fact that she was repeatedly raped just not a big deal?  Just think: if this is how the judge views the rape of a 12-year-old girl, imagine how he views adult rape victims, the ones who are imperfect, may have been wearing short skirts or drinking.  One would imagine that kind of rape wouldn’t even make it on the fucking scale.
  4. Unlikely to offend again?  What to you call a man who violates his bail charges at least 9 times in order to continue raping her?  Because I’d call it that man proving the most concrete way possible that he is likely to offend again.  We know he’s likely to offend again because he already has.
  5. Again: Raping a 12-year-old girl is not the same as a relationship.
  6. “Girls and young women need to be protected from their own immaturity and sexual curiousity at that vulnerable age.”  I’m guessing this is the judge’s way of saying that this is all the parents’ fault.  Because from this ruling, I’d sure as hell guess that he’s not insinuating that children need to be protected by adults who should know better than to rape them.  Sure, they need to be protected.  Just not by you and me or by the fucking legal system.

And then there is this:

Judge Wayne Chivell said it was an unusual case because it was clear the girl was highly sexualised before the pair had met and an enthusiastic participant in the relationship.

Translation: the girl had been sexually abused before, so what’s one more rape gonna hurt her, right?

This makes me want to puke. This man’s very existence in our world, let alone in the legal system, makes me want to puke.

As Lauredhel said: “Repeating this abuse, taking advantage of it to repeatedly rape her, doesn’t mitigate the harm done, it compounds it.”

Here’s what I find myself thinking.  As a rape victim — and I know — one of the things you need most from the world around you is to simply have your experience believed, to have the fact that the rape was wrong acknowledged by others.  This is particularly so in a culture where women are almost always blamed for rape, where victims blame themselves, and tell themselves it wasn’t really rape because of X, but fuck they’re still traumatized.  This girl has been abused how many times?  At this point, she probably believes it to be the way of the world.  If sexual abuse is all you’ve ever known, you’d probably just automatically assume it to be right.  And Judge Chivell waltzed on in with his “gotta reserve the right to rape” male privilege and told this girl precisely that: what was done wasn’t wrong.  What this man did to you, it didn’t count.  And off she will go, perhaps for years, perhaps forever, believing him.

That is what I find myself thinking.  That is what makes me want to break down sobbing.

Fuck you Judge Chivell.  Rot in hell you piece of shit.

via Hoyden About Town.

0 thoughts on “In Which I Incoherently Rant About Rape Apologist Judges Who Need to Be Removed From the Bench

  1. Sheila

    A 24 year old male who has sexual relations with children, as this one likely will again…ah, sweet young innocents…yummy, yummy, yummy…are at the least mentally incompetent and true pedophiles…but that sweet tender flesh and purity are so appealing to the agerage man in our legal system… either side of the world these days too, apparently. These rapists, together, both judge and the physically acting himself out on that young girl raping predator…should be together in prison. Even with “consent” Statutory Rape is truely one of the worst crimes, even if with no violence, that a man commit against a child, which a 12 year old girl still happens to be. In our U.S. prisons and likely globally, the larger majority of females have been raped by these “caring” predators or some other stalking stranger or incested and then abused continually as well until they are victimized by damn near every male around, abandoned by adult women in their lives and pushed out into the world helpless… Though some mothers and fathers will try to help these young children, desperately even, the rapists all pervasive influence can ruin the life forever of a child that is not protected and valued. Rapist in our universities and college educational systems are at the top of the predator pile, teaching their MALE Rights and true Obligations to abuse females by reenactments and conformity to Rapist’s Cruelty and Myth Recreation Literature, pleasure and broadcasting bullhorns of sanctity while training all these other SOBs that this is the absolute privledge of a Real Hero or just a regular ole normal guy. Dido to you and thanks for the venting spot and Right On, eye to eye YES, there are some credible loving human beings still out there, too. This is a really insightful website for educating those SOB Raping Judges, Pedophile Raping Predators, and their Mysoginistic Faculty Raping Professors too, who are nothing less than sickening sadists and megalomaniac moral imbicle “men building” predators, themselves who sanction other rapists & pedophiles agendas “rights” to beautiful young girls and to RAPE any woman they choose.

  2. Lemur

    Trying…so hard…not to use all caps…fuck it. WHAT THE HELL IS WRONG WITH THESE PEOPLE?!!? SHE’S 12! TWELVE FUCKING YEARS OLD!! HOW IS THAT NOT RAPE?! Lower end of the fucking scale?? How is raping a child not ALL the way up there? Bugger that for a lark. Stealing a candy bar when you’re 13 is the ‘low end of the scale’. But a 24 year old man raping a 12 year old- whether she supposedly ‘wanted it’ or not- is demented. There’s a reason this isn’t legal! She’s a child and YOU AREN’T! Fucking….fuck. I hate the courts. I hate people. I hate everything and everyone right now. This is SO DEEPLY WRONG.

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  4. Cactus Wren

    This reminds me of … oh, crap. I’m about to spew my boilerplate rant about Piers Anthony’s novel, FIREFLY. Which is entirely based around this notion: that once a child is prematurely sexualized, by being made a sexual victim, the only POSSIBLE thing to do is to treat the child as a sexual being.

    Possible triggering material follows:

    The central female character in FIREFLY is a young woman whose great tragedy is the loss of her lover.

    When she was five.


    She was molested by her father (or older brother, I don’t remember which and do not care to check), so the only way she knows to express love is sexually. Naturally, when she meets a man she likes and who is kind to her, she seduces (!!!) him. Her only mistake is telling her mother about the nice man: the mother, foolish irrational creature that she is, fails to realize that her five-year-old daughter is in a loving and mutually supportive and above all CONSENSUAL relationship with a grown man, and so she calls the cops. The man is in quick succession arrested, imprisoned as a child molestor, and beaten to death by his fellow inmates.

    This is the heroine’s great heartbreak. Not just because she feels guilty well into her adulthood, but because if only she’d had the good sense to keep her mouth shut, she and the man man would have stayed together as lovers and happily spent their lives together.

    After all, isn’t that how sexual relationships between adults and preschoolers always turn out?

    Honestly, Anthony is here mouthing the NAMBLA cover story. “Isn’t it dreadful for our society to hate children so! Why are you so horrified at the simple thought of a child being HAPPY and feeling PLEASURE?”

    (Oh, and every one of Anthony’s novels has an afterword, with comments on the book’s material and his personal life at the time of writing. In the afterword to FIREFLY he says — does not imply, but STATES AS FACT — that a sexual relationship with a “funny uncle” who demands “games” that involve “tickling in funny places”, and who demands that the “game” be kept strictly secret, is less traumatizing to a child than an injection at the doctor’s office.)

  5. L

    Why isn’t “statutory” statutory anymore? What is so difficult about “12-year-olds cannot consent to sex”? WTF.

  6. amapola

    I’ve read your blog for some time, & have never commented, but this… makes the blood boil.

    At this point, she probably believes it to be the way of the world. If sexual abuse is all you’ve ever known, you’d probably just automatically assume it to be right. And Judge Chivell waltzed on in with his “gotta reserve the right to rape” male privilege and told this girl precisely that: what was done wasn’t wrong. What this man did to you, it didn’t count. And off she will go, perhaps for years, perhaps forever, believing him.

    Though my specifics are different (no court case, was a few years older when I was raped) because of my childhood sexual abuse, I always assumed I would be raped. It wasn’t even a fearful thing, & I didn’t know statistics, it just seemed like the sort of thing that was bound to happen to me. & I think of the friends I’ve had, have, whose stories are so close to this girls. The fact that this shit happens at all is so fucking heartbreaking … seeing the legal system condone just makes me sick.

    As someone said above, twelve year olds cannot consent. Period. I will never understand what is so confusing about that.

  7. Sheila

    Above “Link” is to “Scarleteen”, Sex Educator Extraordinaire.
    “How You Guys — that’s right, you GUYS — Can Prevent Rape”

  8. Cara Post author

    Sheila — I changed it to a link rather than the URL because long URLs mess up the page margins and tend to throw off the entire blog in internet explorer. So it’s a good idea in the future to either set up the link yourself (text you want linked without the spaces) or use tiny URL.

  9. Sheila

    Its the University Professionals who are sanctioning these mostly men’s clubs lack of responsibility for keeping their rapist faculty well fed and on campus teaching rapist permissive mythology and mysogistic culture to their youth who in turn become the worlds Juries and Judges of these young children and female rape victims in their juristictions.

  10. Cara Post author

    Sheila — I’m going to hope and assume that you’re commenting in good faith, but while it’s not that I disagree with you, your comments are not on topic. I’m not approving the others in moderation for this reason. We’re talking about this specific case, and while college rape is a big and important topic and one that I write about regularly, it’s not the topic we’re looking at here. Another thing is that I would not have minded one or even two of these comments, but there have been many, many more than that. So I would also greatly appreciate it if you could stop with the serial commenting. If you have a lot to say, please try to say it in one or two comments, and leave room for other voices. I would greatly appreciate it and I’m sure that once we get that much worked out we’ll get along well. Thanks.

  11. Ellis

    All I can think about it is one of my close friend’s little sisters, who’s the same age as that girl. She’s young and vulnerable and incredibly innocent, and the thought of anyone taking advantage of someone like that makes me sick. I can’t begin to imagine the psychological effects this is going to have on this girl.

    Also: “By that time, you say you were in love with her.” Yeah, well, anyone with the ability to fall in love with 12 year old girls should probably not be wandering around society on parole.

  12. Victoria

    OMG. Fucking Fuck. The sexualization of children is so unbelievably torturous. I was raped right before turning 17 and thank god that at least I could rely on a very strong and happy/sheltered childhood to rebuild. These kids growing up knowing assault will struggle so much more and still day to day for ME it’s a fucking struggle. Fuck the jugde. Fuck the perp. I’m glad there were no positive comments 🙂

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  14. SunlessNick

    “Girls and young women need to be protected from their own immaturity and sexual curiousity at that vulnerable age.” I’m guessing this is the judge’s way of saying that this is all the parents’ fault.

    I’m guessing it’s even worse: it’s the judge’s way of saying it’s her fault; after all, she’s the one with the curiosity, and if she was good/pure/innocent enough, she wouldn’t have been curious.

  15. Anonymous

    Reading this, I cannot breathe…

    Our outrage, our disdain, our intolerance for rape must never be silenced.

    This means WAR!


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  17. Pingback: Yes, Statutory Rape Is Real Rape : The Curvature

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