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From everything I've read, which is one article linked to above, the defense alleged that she was not very sedated, presenting evidence that she was calling and texting friends, and that she didn't merely make suggestive remarks but actually grabbed the doctor's crotch. Given that scenario, what is the appropriate punishment?
Prison. The article notes that the sentence might have been because the jurors doubted his guilt. In that case it's their job to find him not guilty. They found him guilty.
Prison. The article notes that the sentence might have been because the jurors doubted his guilt. In that case it's their job to find him not guilty. They found him guilty.
I agree. It sounds like a compromise between the jurors.
Prison. The article notes that the sentence might have been because the jurors doubted his guilt. In that case it's their job to find him not guilty. They found him guilty.
So you'd rather see consistency - every rape conviction, even if confidence is low, must be accompanied by a prison sentence - than accept compromise and aim for justice based on the specifics of a case? You know what they say about consistency and hobgoblins...?
He should be in jail for the maximum time any other rapist would get
This notion that no distinction can be made by degree of severity in rape cases is amazingly popular. Think it through. If every "rape", no matter the circumstances, required a minimum penalty of, say, 25 years in prison, what do you think would happen to the conviction rate? In this case, the jury would certainly have found the doctor innocent, and he would receive no legal punishment at all.
Obviously, the jury found some mitigating factors. Would you or I have been swayed by those factors had we been on the jury? Who knows? Something that's very important in this, that we can't begin to know from a brief article or two, is how the two people most involved - the accused and the accuser - came across in court.
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Although he was not assigned to her case, he slipped into her room anyway after he noticed her breast implants.
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“He sought her out. He chose her to prey on,” Reeder said, noting that Sheikh checked the woman’s chart and knew exactly what medicines she had been prescribed.
He had no business being in her room. The "boob job" keeps coming up and appears to be the reason why he'd had so much interest in her. He knew what meds she was on. More than likely the meds she'd been taking while in the hospital were brought up in the courtroom, along with a knowledgeable medical witness to testify regarding the affect those meds had on her mind and her body. It was his ethical responsibility to not have sex with a patient.
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Sheikh’s defense lawyer, Stanley Schneider, asked the jury to have mercy on a man whose wife and children had suffered greatly from his actions and who had been punishing himself for five years for this one shameful, erratic act. He said he hoped they would sentence Sheikh, who has no prior felonies, to probation.
The dreams of a man, the childhood dream to become a doctor, were shattered by his conduct. He destroyed his own dreams,” Schneider said. “What he has done to himself and his family is punishment. They are serving his sentence with him. His children are serving his sentence with him.”
His defense lawyers shamed and blamed the victim, then moved on to throwing a pity party for the accused, and his family.
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Sonia Corrales, chief program officer at the Houston Area Women’s Center, was unfamiliar with the case but said there should be equity in sentencing violent offenders.
“Oftentimes, perpetrators will attempt to minimize the severity of their actions by claiming it wasn’t sexual assault, but was consensual sex,” she said. “Sexual violence is a willful choice a perpetrator makes to harm another human being and should be addressed by the criminal justice system with the same severity as any other violent crime.”
I realize that there is much that we don't know, but if I had to make a decision based on the two articles that the OP had linked to, and the one that I linked to, then I'd have to say the guy is guilty. And that he should have served time, tho maybe not the full amount allowed by law.
They should have at least made the requirement that he see a therapist.
So you'd rather see consistency - every rape conviction, even if confidence is low, must be accompanied by a prison sentence - than accept compromise and aim for justice based on the specifics of a case? You know what they say about consistency and hobgoblins...?
There is not suppose to be such a thing as "low confidence of guilt". If you have a doubt, then you find for innocence.
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