Sunday, October 9, 2016

Snopes: Trump supporters claim that Hillary Clinton freed a child rapist and later laughed about the case - is mostly false


WHAT'S TRUE: In 1975, young lawyer Hillary Rodham was appointed to represent a defendant charged with raping a 12-year-old girl. Clinton reluctantly took on the case, which ended with a plea bargain for the defendant, and later chuckled about some aspects of the case when discussing it years later.

WHAT'S FALSE: Hillary Clinton did not volunteer to be the defendant's lawyer, she did not laugh about the case's outcome, she did not assert that the complainant "made up the rape story," she did not claim she knew the defendant to be guilty, and she did not "free" the defendant.

Origin:In May 2016, the image macro shown above began circulating on Facebook, holding that back in 1975 a young Hillary Clinton (then Hillary Rodham) had "volunteered" to represent a 42-year-old man (Thomas Alfred Taylor) who was accused of raping a 12-year-old girl, that Clinton told the judge in the case that the complainant "made up the rape story because [she] enjoyed fantasizing about older men, that Clinton "got [the] rapist freed," and that Clinton later admitted she knew the defendant was guilty and "laughed about" the outcome of the case. Although Hillary Clinton was indeed involved in a case of this nature, the aspects of the case presented in the image were largely inaccurate or exaggerated.

Finally, Hillary didn't "free" the defendant in the case. Instead, the prosecuting attorney agreed to a plea deal involving a lesser charge that carried a five-year sentence, of which the judge suspended four years and allowed two months credit of time already served towards the remaining year:

Additionally, according to Newsday it was the complainant and her mother who pushed the state to make a quick plea deal rather than have the former go through the ordeal of a court trial, with the mother actively interfering in the investigation to bring about that result:

The victim says it was her mother, who had recently been abandoned by her husband, who pushed for a quick plea deal to avoid the humiliation of having her daughter testify in open court. The mother, who died several years ago, was so eager to end the ordeal she coached her daughter’s statements and interrupted interviews with police, Sgt. Dale Gibson [the department’s lead investigator] recalls.

“We both wanted it to be over with,” the victim told Newsday. “They kept asking me the same questions over and over. I was crying all the time.”

Even now, that outcome is not unusual for violent criminal charges: 2014 statistics show that 97% of criminal cases (including rape) are resolved by plea bargain, and only 3% go to trial. The ratio of plea bargains to trials was similar in 1970 [PDF].

Additionally, that 1975 criminal case came before the widespread adoptions of rape shield laws that now protect rape victims in court from some forms of questioning. A case brought in 1975 would have been subject to much weaker legal protection for the accuser than today.

No comments :

Post a Comment

ANONYMOUS COMMENTS WILL NOT BE POSTED!
please use either your real name or a pseudonym.