Judge Reportedly Questioned Whether Woman Was Raped Because She Was “On Top”

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That’s the headline from this blog post, which reports that Texas State District Judge Kevin Fine, elected as a Democrat, is alleged to have told a rape victim in his court that he didn’t believe she was raped because she was “on top” during the act, as follows:

“… There are no transcripts yet to the July 31 hearing, which came after the defendant was convicted and before he was sentenced. Transcripts are being prepared for appeals. But observers in the courtroom have spread word of the alleged comment, and it will likely come up in the appellate process.

A woman can’t be raped if she’s on top? That will be difficult to explain away.

Fine tells Hair Balls he can’t comment on the case because it’s still pending, but he did offer a general take on events. He said the method he used in questioning some of the evidence was “incorrect,” and it seems from his answer that his doubts were based on more than just the “on top” issue. We’ll print his response here in full.

The manner in which I went about garnering answers to my questions that I had, and that I needed answered prior to assessing appropriate punishment for the defendant, was incorrect. I should not have gone about it in the manner in which I went about it.

In other words, I should not — probably the better method would have been to call counsel into chambers and express my concerns directly to them, demonstrating all of the physical evidence that I was looking at that did not match what the complainant had to say during [the] guilt/innocence and during [the] punishment [phases of the trial].

And then let them flesh it out with the witness, rather than me question the witness, because of the appearance that I didn’t believe the witness, or was picking on the witness, which I don’t think a judge should do. Although in certain circumstances maybe it’s appropriate.

I think in light of the nature of the offense the better means would have been to call counsel for both sides into chambers, express my concerns, explain my concerns based on the evidence I had in front of me — and by that I mean the physical evidence — and then let them flesh it out.

As to whether the concerns included the woman being on top, as others in the courtroom have alleged, Fine said he couldn’t comment.

That will be answered whenever the transcripts are released; still, it’s clear that something unusual went on that day.

The defendant was reportedly sentenced to 25 years, which seems to indicate Fine considered his doubts addressed. …”

–Ann Bartow, via my fantastic former student R.

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