Skip to comments.Indiana judge assailed for light sentence in husband-wife rape case
Posted on 05/22/2014 4:25:52 PM PDT by lowbridgeEdited on 05/22/2014 4:29:07 PM PDT by Admin Moderator. [history]
An Indiana judge came under heavy criticism Tuesday after he ordered no prison time for a man convicted of charges related to repeatedly drugging and sexually assaulting his wife.
On Monday, the Los Angeles Times wrote about the April conviction of David Wise, 52, of Indianapolis, on six felony charges of rape and deviate conduct that normally carry prison terms of six to 20 years apiece.
(Excerpt) Read more at latimes.com ...
It’s the Indiana law that’s the problem
Give me a break.
Manadory minimum decade in the joint for raping your wife? The way trials are prosecuted and juries swing on “she-said” we’ll have a million Americans with unhappy wives incarcerated in a decade.
“well we were drinking... And he just attacked me...”
Hey baby sue in civil court and you can keep the house!
It’s how the rape law is written. Since she was living in the same abode the law implies sexual consent. If they had been separated at the time he would be sent away.
The law needs to be changed because of the drugging and filming Since she is speaking out it may finally be changed.
Damn case law is the issue. Legislature only can trump it! Hope she is successful and keeps speaking out
I would worry if a big sentence was mandated for this that it could be a way for divorcing spouse to get hubby thrown in jail and no child visitation. I've seen plenty of ex's who would do that in a New York minute if they could.
That may or may not be the case (most states have gotten rid of that presumption, but I'm not an Indiana lawyer, so I can't say for sure here), but even if it is, they overcame the presumption here. He was convicted of rape, as a Class B felony. This wasn't a case where the judge's hands were tied due to a bad law - the judge very well could have (and should have) sent him away, but chose not to.
Did you read the article? He drugged her, raped her while she was unconscious, and taped it.