Is The Law An Azz..........

[Merlin the Magician]

Court gives teen life sentence for teacher rape
LONDON (Reuters) - A court sentenced a schoolboy who raped a teacher to life imprisonment on Monday, but said the teenager can apply for parole in 4-1/2 years.

The boy, who was 15 when he committed the crime in September 2004, had pleaded guilty in May to oral rape.

"This was a truly dreadful crime," Judge Christopher Moss said at London's Old Bailey court. "You subjected your victim to the terror of a physically violent and sexually degrading attack in her own classroom."

The student attacked the 28-year-old teacher while she was marking books after classes on the second day of her employment at the Westminster City School for Boys, the court heard.

She was covered in blood with bite marks on her breasts and bruises all over her body after the 12-minute attack, during which she stabbed the 5 foot 11 inch (1.80 metre) teenager with a pen and threw furniture at him.

Police praised the woman for keeping hold of vital DNA evidence that helped them bring her attacker to justice.

Moss told the schoolboy that, although he posed a "risk for the foreseeable future" to women, the sentence did not mean he would spend the rest of his life in jail.

"Life does not mean life. The object is not to throw away the key," he said. But he added that release on parole would depend on expert opinion.

The teenager had a history of anti-social and violent behaviour, the court heard. His mother and the school's headmaster had alerted social services about him because they could not cope with his behaviour.

 

[Venusian]

I heard on the radio today that he'd already been questioned about another attempted rape - I don't know if charges are pending on that.

When the teacher staggered into the staff room they took some time to recognise who she was because she was so covered in blood.

The "sentence" is, of course, a sick joke.

This clown Christopher Moss should be sacked, but of course he won't be.

Perhaps he thought "she was asking for it".

 

[Phil Waters]

Just because he has the opportunity to apply for parole in 4.5 years doesn't mean he will be successful if he does.

It is very difficult for a judge to pass sentence under these circumstances without attracting some sort of criticism. The majority of criticism usually comes from people who are utterly repulsed by the crime in question and a crime such as this one is generally frowned upon by society.

I cannot second-guess the judge's reasons for applying such a condition to the sentence but I'm sure he thought it through. I'm pretty confident the guilty plea was a major factor, thus avoiding the need for the victim to go through with giving evidence at a trial.

The bottom line is, the person responsible for committing the crime has been givena life sentence. If you believe that means he should spend the rest of his life in jail, you will be disappointed by the outcome.

 

[dvds2000]

His age would have had a bearing on the sentence too
He will more than likely get in in 4.5-5 years unless there are serious concerns raised while he is inside.
He will also be on life licence for the rest of his life...which is no easy thing (not that I agree with the sentence)

However compare it to a sentence like the Bulger killers got and it could be argued it was harsh

 

[Ardross]

It might help to read the whole report for a start

The youth was told he would be detained during Her Majesty's Pleasure.

  This was a truly dreadful crime

Judge Christopher Moss

He will be eligible for parole after serving four-and-a-half years - but will not be released until doctors consider he is no longer a danger.

Passing sentence, Judge Christopher Moss said: "This was a truly dreadful crime.

"You subjected your victim to the terror of a physical, sexually degrading and humiliating attack in her own classroom.

"She said she considered her classroom her safe zone. You violated her place of safety."

1. There is no mandatory life sentence for rape so in fact it is an appropriately stiff sentence . If he is assessed as a continuing risk he will stay inside. If he was given say 15 years there would be no such provision to protect the public

2. The tariff takes into account his age and all other mitigating factors including in particular the guilty plea

3. Parole will only be available if medical assessments consider him no longer a risk - in a case like this a massive change and improvement will be needed.