Teacher of the Day: Judge Throws Book at 37-Year-Old Teacher/Statutory Rapist
Portland, Tennessee high school math teach Sandy Binkley was convicted of statutory rape back in September. The 37-year-old woman had sex with a 17-year-old student in a locker room.
Binkley argued that the 17-year-old student raped her. She gave an interview to Tennessee News Channel 5 before her trial:
“There was one incident with one student - who was a month away from being 18. He was bigger than me and he forced himself on me,” said Binkley. “He came into the room and forced himself upon me.”
The jury didn’t buy it.
On Friday, Binkley was sentenced. And man, the judge essentially put her behind bars and threw away the key. The Tennessean reports:
A former Portland High School teacher convicted of having sex with her underage teacher’s aide has been sentenced to 12 years in prison.District Attorney Ray Whitley said Sandy Binkley “got what she had coming to her.”
“(Judge Dee Gay) gave her the maximum sentence and that’s what she deserved,” Whitley said.
The woman got 12 years — the maximum sentence — for having sex with a 17-year-old? Really? Does that make sense to everybody here?
Binkley’s lawyers (obviously) feel the judge went a little overboard. Details after the jump.
Binkley’s lawyers intend to appeal the sentence:
David Ridings, Binkley’s attorney, said it was the most egregious abuse of justice in sentencing that he has ever seen. “We hoped that (the judge) would follow the law. He failed miserably at that,” Ridings said.Binkley’s attorney had hoped the former teacher would be sentenced to no more than three years. He plans to appeal.
“It ain’t over, baby,” Ridings said to Whitley as they exited the courtroom. “It’s just starting.”
But the judge felt children needed to be protected:
The judge said it didn’t matter if the children involved were 7 or 17, they were entitled to protection at school.
Sorry Judge, but it matters. It matters a great deal. Having sex with a 7-year-old and having sex with a 17-year-old are two entirely different things. They just are. Maybe they are both crimes — we can debate the common sense behind brightline statutory rape laws at a different point. But you can’t say that you need to throw the book at a woman who boinks a 17-year-old “young man” in order to protect a 7-year-old from bad touches. Judges are given sentencing discretion for a reason, but it appears that in this case, reason failed.
And notice, I’m not playing the “female teacher bangs male student = kind of hot” card. If we are going to say that it is criminal for teachers to nail students, then it is criminal no matter the gender match-up.
But let’s be reasonable. Nothing magical happens to your genitals between the ages of 17 and 18. We’re dealing with an arbitrary line here. I just don’t see how you get 12 years for getting nailed by a 17-year-old in a locker room.
Statutory Rape - Or A Victim In Her Own Classroom? [News Channel 5]
Teacher sex case nets 12-year prison sentence [Tennessean]
Hot for Teacher! [Bad Lawyer]




Comments
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FIRSTY McFIRSTERSON
FIRST
2:
....sucker
-FMcF
FUCKKKKKKKKKK
1/3-
You'll pay for this you fuck.
-2/4
2/5 (not 4):
...your terrible at this.
-FMcF
Ahh... Maryland...future home of slots parlors and present home of age of consent at 16. We have a wonderful state.
Assuming it was consensual, she deserves 12 years in prison for falsely accusing someone of rape.
She should have kept her panties up for one month until he was 18.
I am glad there is finally some justice. One, her story could have ruined the life of the young man. Two, many men have been given nasty punishment for sleeping with women who are just shy of 18. In most areas, men are the only ones convicted of statutory rape.
She deserves her punishment.
That's harsh. I had sex with my high school teacher and I'm forever grateful. She was hot.
6-
I was responsible for posts 2 and 4. And it's "you're" dumbshit. You must be Elie.
-2/4/5/?
Hell, it's Tennessee! They're probably related.
Mystttal is just angry because he was never statutorily raped by a teacher.
Heterosexual penetrative sex is intrinsically a violent act of rape. The 17 year old rapist is the criminal, regardless of whether the teacher consented.
I'd hit it.
12:
epic fail
-FMcF
11=Home-schooled.
-2/4/5/12/$
The big issue is that this is a teacher sleeping with a student in a (presumably school) locker room. Parents and society in general may expect this issue outside of the teacher-student relationship, but schools are state-run institutions and teachers have a level of authority over students. I'd agree that 12 years might seem steep if this was some consensual encounter between some random adult and a 17-year old, but this was between a teacher and student at a school.
Yah this sentence is retarded.
Wow, it really is true that you are likely to know your attacker in a sexual assault!!! http://lawblog.legalmatch.com/2009/10/30/data-proves-victims-of-assault-likely-to-know-their-attacker/
Elie
Something tells me you would feel differently if you had a 17 year old daughter that was being "boinked" in a locker room by a teacher.
Man, she really got LaTTThamed
"Nothing magical happens to your genitals between the ages of 17 and 18."
Speak for your self Elie...the day I turned 18 my dad got me my first hooker... the next day I woke up with an incredible rash...My dad said that I had become an adult then.
~Client 9
I'd rape that.
10: agree.
For men, statutory rape is a strict liability offense. She can swear on a stack of Bibles that she's of age, or produce a doctored ID stating that she's of age, and the man's reliance could be in all respects reasonable--but if she is, in fact, under age, and the man is suffciently older, welcome to the state's custody.
Society is really saying: when it comes to someone who is even arguably, even possibly under age, hands off. Completely. Totally. Even if they're just one day shy of their 18th. (or, in Tennessee, their 13th)
Yup, this 17 year old is considered mentally incapable of consenting to sex, and therefore society must protect him. Now, I wonder what would happen if him and 2 friends decided to sell some marijuana together? Conspiracy charges... attempt charges... accomplice charges.. all shorts of charges of inchoate crimes requiring plenty of mens rea.
Which is it, America? are kids potted plants that need our coddling or are they capable of crimes? Can't have both.
Nice!
The only crime here is that she isn't doing it with me...
Big ups and high five to no. 7.
However, position of authority raises age of consent in MD.
Bummer.
Would finger banging Ms. Binkley through her purrty pink panties be considered rape?
Maybe the 12 years was for showing no remorse but rather asserting the victim was a rapist.
Maybe the judge objected to an adult woman accusing the underage boy of rape instead of owning up to it or formulating some defense that didn't involve blaming the victim.
You can't sleep with kids in the school locker room and then insult a judge for giving a harsh sentence.
Maybe the judge objected to an adult woman accusing the underage boy of rape instead of owning up to it or formulating some defense that didn't involve blaming the victim.
You can't sleep with kids in the school locker room and then insult a judge for giving a harsh sentence.
22. I think I would feel differently. That's just one of the many reasons society doesn't let the parents of the victim decide the sentence.
-- Elie
Sorry 31, you beat me to it.
27 belongs to NAMBLA.
Seriously, Elie, stick to layoffs and bonus memos. Social commentary is not your strong point.
Yes, it makes sense to everyone here. Now go find another soapbox.
"Did she perform oral sex?"
"Yes."
"...Nice-a"
"What? This is serious you guys!"
"No, he's right. We need to find this child right away...so we can give him his luckiest boy in the universe award!"
...Nice.
Piff Tennessee is not fun.
If you want to argue what the age of consent should be in that particular state, then I'm with you on this. 18 is a bit high. That said, 18 appears to be the law in TN. Yep, the teacher got a stiff sentence and it's possible that many other judges would have given her half of what she got, but that's life. Sometimes you draw the short end of the stick.
She probably didn't help herself by accusing the "victim" of rape.
"But you can’t say that you need to throw the book at a woman who boinks a 17-year-old “young man” in order to protect a 7-year-old from bad touches."
Mystal, we're dealing with a teacher-student power relationship here. This wasn't just a grown woman acting as a free agent. She was a teacher in whom parents put their trust. Part of the harshness of the sentence is to send a clear message to teachers that it's not OK to abuse the public trust - and their powerful relationship over the students - in this way.
Cue "Guys in my high school" in 3...2...1...
I fail to be outgraged by this. Yes, the line is arbitrary, but it has to be drawn somewhere. Obviously the fact that she had sex with the guy on school grounds, then claimed rape are aggravating factors.
Elie, would you feel the same way if the teacher was male and the victim was female?
36, my post was directed towards the dichotomy of charging children with inchoate crimes requiring multiple layers of intent, inherently saying they are capable of making complex decisions to commit serious crimes, while simultaneously saying that they are incapable of consenting to sex. We have also stated as as society that they are incapable of entering contracts, purchasing real property, owning a firearm, joining the military, marrying, or a host of other things.
My point was that when the Supreme Guardian Council of Vice and Virtue of the Catholic Church (formerly the Supreme Court) decides that 13 year olds can be be convicted of heinous crimes requiring levels of mens rea and sentenced to life in prison without parole, it will fly directly in the face of social policy protecting children from their own horrible decisions. Suggesting that I belong in NAMBLA only cheapens a serious discussion.
Another "victimized" Pillsbury doughboy
Double digit prison sentences for female rape victims, first in Afghanistan, now in the U.S.A. The U.S.A. is now a Christiofascist state.
Judge Gay?
Figures.
It's good for her appeal that the trial judge seemed to equate sex with 7 and 17 year olds. If I'm an appellate judge, I have a really difficult time letting that stand. Some punishment is appropriate, but this is way overboard.
In many (if not most) states, there is a different set of rules (age of consent, etc) if the sexual relationship is one of power/control/influence - usually includes teachers, coaches, etc., and certain relationships (prison guards, mental institution workers, etc) often are per se statutory rape regardless of age.
She could have landed this kid in jail for life with her choice of defense. That's why its 12 years in the can. I see no abuse of discretion here.
where r the pix of the kids who allegedly raped her?
Lucky bastard. I'd have hit that in the locker room.
Is Courtney Cox's show still on?
I am shocked that Elie favors leniency for the person who engaged in sexual indiscretion. Just shocked.
There can be no consent when there's a substantial power disparity between the two parties. Her coercive power as his teacher, with full authority to discipline him, pervaded their relationship such that he couldn't consent.
- Anita Hill
8 nailed it, no pun.
26 = 1L
I hope this will teach the 17 year old boys to beware of the hot teachers. Perhaps they could send video of her in women's prison to the 17 year old boys at her former school just to bring the point home.
She violated the law. Her attempted defense not only showed a lack of remorse, but accused the "victim" of perpetrating a crime.
We can argue all we want about whether brightline rules on statutory rape are acceptable, but we are all, or almost are, officers of the court. We have a duty to enforce laws as they stand. She deserves what she gets -- 12 years and registered in the sec offenders databases.
Debra Lafave was better looking.
for once i agree with Mystikal.
I would be a lot more understanding in the situation and simply add her to my harem of oversexed harlots.
ShaFeef
The real issue here is what does Kash think of Elie's favoring of leniency?
Goes to prison a MILF. Leaves in 12 years a GILF.
Her attorney sounds like an ass-hat.
Is the Judge's name -- Dee Gay -- like Homer Jay Simpson?
The woman deserves to be in prison, unless she really was raped by her student. It's just as criminal when an adult male has sex with a minor female (including seventeen year olds).
Yes, there is a difference in the mental disorder between wanting to have sex with 7 year old and wanting to have sex with a seventeen year old. However, both are mental disorders, both are crimes, and both make all of you "nail that," "tap that" commenters pretty skeevy (and I hope that your daughters' high school teachers don't proposition them or worse).
If she were my secretary I would certainly pound her in the ass.
When I was 17, I slept with a woman in her 40's. No bid deal.
I still ain't certain 'bout this one. I'd like to think that another chancellor from the south would get it right, but parta me wonders if maybe the other judge got it wrong. Seems like theys was a consentin' adults to me...
I hear there are a bunch of 17 year old boys lined up to apply for jobs in that prison.
Tennessee needs to get its priorities straight. They should give Kerry Collins 12 years for that 0-6 start. And they should give Al Gore 12 years for all that weight he has gained.
It's been said before, but if this was a man having sex with a 17 year old student this wouldn't be news. And if it was, the it would be reported becauase 12 years is too light, not because the judge "threw away the key."
The 17 year old suffered significant injuries as a result of too many high-fives with his buddies the following day after the incident in the math room.
17 years old is a little long in the tooth for my tastes.
J. Colliton
She got the book thrown at her not because the boy was 17, but because when she got caught she tried to claim that he raped her. For that alone she deserves a decade in PMITB prison.
She got 0.1 years for statutory rape, and 11.9 years for falsely accusing her boi toi of rape so as to save her sorry ass.
Nah...there is a big difference between MALE teacher on female student and FEMALE teacher on male student.
Despite what you've been led to believe, men and women are biologically different. Thank the lord most juries and judges still recognize this if only subconsciously.
Maximum sentence for consensual sex with a 17 year old? Too harsh.
Maximum sentence for someone that tried to pin a felony on her victim by claiming he forcibly/violently raped her??? HELL YEAH!
She deserves 12 years for trying to further victimize the child by branding him a violent rapist. I'm glad she got the maximum.
(she sounds crazy as hell... so, I bet the sex was really good, too)
The fact is the double standard for this crime still exists and is clear in your post Elie. Had this been a male teacher who had sex with a 17 year old girl, you and every other person would be calling for his head, and would probably be outraged at only a 12 year sentence. But because it's female teacher, 12 years is way too many. BULL SHIT.
The fact is, the vast majority of these FEMALE RAPIST TEACHERS get only house arrest or some other bull shit sentence while MALE RAPIST TEACHERS get double digit prison terms (and rightfully so). It's about god damn time a judge treated a woman the SAME as a man would be treated for this crime, about fucking time.
Seriously, this is news? Why? Who gives a flying fuck?
ATL=dogshit.
I feel baited.
Elie has an odd sense of outrage over this case. Would he would feel differently if the teacher were a 37 year old nun at a Roman Catholic boy's high school with a 17 y.o boy? or a 17 y.o girl a and 37 y.o male teacher or rabbi?
What is interesting is how conduct that has gone on for years now goes viral through the internet and provokes such outrage. When I was in the 11th grade in 1971, one of my classmates has a well known relationship with a 25 y/o single Physics teacher (very attractive, even by the pre-internet porn standards of the time): she was quietly fred by the school board, no charges were brought, and there was no press coveage; he got the award at gaduation for 'school spirit.' Six years ago, one of my daughter's classmates was sleeping with her single 30 y/o volleyball coach on road trips; the matter came to light after she graduated; neither she, the coach nor any of her classmates or friends who know about it cooperated with the school or the police - all charges were dropped, and they are now happily marrried. The conduct of the adults in both cases was ilegal, but different standars in different places and times.
Maybe Elie is jealous because no teacher ever hit on him while in high school on Long Island.
26 --
Thank you for the wonderful recitation of the policies underlying statutory rape. I think we all understood to concept of strict criminal liability as 1Ls.
What a miscarriage of justice!
- Roman Polanski
I mean, do you really think there was 12 years in jail worth of damage to that 17yo? I mean, if a guy is still a virgin at 17 THAT'S a crime.
47, I'll take that as a yes.
This country would fare better if it were not so much frustrated, sometimes to the level of debilitation, about anything related to sex.
Geez - in Tennessee they give you less than that for shotgunning your husband to death.
This just in....Obama takes a moment from his busy bowing schedule in Asia to note Bush Administration at fault for Binkley rape, and he had no idea Holder was going to hold KSM trial in NYC. More to come.
Curiously, she has only one rating on www.ratemyteacher.com: see
http://www.ratemyteachers.com/ShowRebuttals.php?rid=13807458&type=0.
Is it just my imagination, or does she look a bit like Cynthia Nixon?
The poor young young feller. I bet he thought he died and gone to heaven.
I would have maxed her out just for the rape accusation "defense."
Nice........
Nice........
Nice........
I'd tap that.
16 should be the age of consent. It is difficult to imagine a 17 year old not being able to consent. I lost my virginity at 15. I do not like what she did but 12 years is excessive. People get less for some kinds of murder. It sounds like she is a scum bag slut who should be banned from teaching but still 12 yrs...wow
16 should be the age of consent. It is difficult to imagine a 17 year old not being able to consent. I lost my virginity at 15. I do not like what she did but 12 years is excessive. People get less for some kinds of murder. It sounds like she is a scum bag slut who should be banned from teaching but still 12 yrs...wow
(.)(.)
She tried to claim he raped her. That's 1. And the judge's point was that the sanctity of the school needs to be protected; I didn't read his comments as equating 7 to 17 year olds generally. That's 2.
2 reasons the sentence is justified.
From the Tennessean article; "Binkley, who has been in Sumner County Jail since the verdict, will serve a little less than four years before she is eligible for parole." Not quite 12 years. She'll be out in 4 -- if she can keep her hands off the guards.
If a hot high school teacher had sex with me in the locker room when I was 17, I'd be wanting to know when can we hook up again. I would not tell my parents, police, school officials etc. The guy must be gay or retarded.
All right everyone. Back to work.
She would have been better off getting drunk, driving a car, and killing someone -- in Tennessee, the average time one spends in jail for a Class B felony vehiclular homicide is less than 10 years.
Come on jury...how can you convict with this quote out there:
"I picked her up, but she wanted it," said the student.
See: http://www.newschannel5.com/Global/story.asp?S=10342970
12 years???!!! Holy shit! I don't believe anyone who has opined that this is a proper sentence. Bullshit.
"I just don’t see how you get 12 years for getting nailed by a 17-year-old in a locker room."
Elie: although some people don't care for Lat's use of first-person-plural, your use of first-person-singular is worse. When your sentences begin with the phrase "I think," it's irritating. First, it's questionable that anyone (except perhaps for you and your family and close friends) particularly cares; and second, much of what follows leads one to question or dispute the premise.
In any event, as other commenters have suggested: putting aside that it wouldn't be considered a laughing matter if it were a 17-year-old female student, the defendant's public statements that she was the victim and that the student raped her is not only defamatory (piling on to the harm that the law presumes in statutory rape cases) but to many sentencing judges would demonstrate a lack of acceptance of responsibility and, relatedly, greater risk of recidivism. Whether one agrees or disagrees, these are things that sentencing judges -- and other people who *think* -- think about.
That she got the book thrown at her was probably exarcerbated by the fact that she tried to pin the thing as a crime committed by the student. Even dumber than what she did to get in this mess to start with. 107 is right though as are others who think she'll be out in 4. This chick has a bigger problem than sitting in a jail cell for 12 years.
Nice...
Putting aside her false accusations, this is a ridiculous punishment. There just simply is a big difference between sleeping with underage female students vs male students. You can debate the age of consent, but come one 17? And she gets 12 years for this? This is just insane. She should've been at most fired for being unprofessional.
105 ftw
Has she never heard of a plea bargain. I mean seriously. This is why we have such things. Perhaps she thought "I will not dishonor myself or the corps so I can be home in 6 mos." However, I have to believe there was a non-felony that could have been offered here.
I'd hit that.
She should have been hotter.
A word of advice to Ms. Brinkley:
If you want your rape defense to stick, then next time have sex with a black student.
60: is 26 an incorrect statement of the law?
If she was hotter, she would have gotten off.
Guys in my high school would refuse to have sex with hot teachers all the time because they had high moral standing. It was no big deal.
Guys in my high school would refuse to have sex with hot teachers all the time because they had high moral standing. It was no big deal.
The sentence is ridiculous. Twelve years for this with a kid one month shy of 18, nonsense.
"It ain't over, baby," Ridings said to Whitley as they exited the courtroom. "It's just starting."
This is what the defense attorney said to the prosecutor just after the sentence was announced. Was there something personal here? Again, why do you try this case?
Is it me, or does she kind of look like Cheryl David from Curb Your Enthusiasm...
Agree strongly with 8. A false accusation of rape, she had it coming to her. I wish the judge had just said that.
126 here. To clarify, I mean she had the 12 years coming to her. Perjury to ruin a man's life should be punished to the fullest.
113,
And why again should the judge put aside her attempt to blame the victim? Should this never be a consideration?
Can ATL get a commenting system that allows user ratings of comments where many negative ratings cause a comment to be muted? It would be great to get rid of the "first" trolls.
Does anyone disagree that rape is the most common falsely accused crime?
Is she an older version of the chick in the Assara ad to the right?
I had already graduated from HS and was in college at 17...and didn't turn 18 until I finished my freshman year. I think these statutory rape situations really need to be looked at on a case-by-case basis.
It's a pity men are needed to repopulate the species and whatnot. It's amazing the sheer baseness and vileness of your comments, cloaking yourself in the "guest" profile seems to unleash your inner bile.
It brings to mind the statistic that most men would gladly rape women if they knew they could get away with it. What this teacher did is a crime. She deserves to go to prison for a long time. Regardless of whether her male victim was able to "perform." 17 year old boys are basicially hormones with feet and would have sex with anyone or anything, but their brains are not capable of making sound choices. Ask yourself what your reaction would be if the teacher were male and he had sex with a male student. You would also be calling for his head. It's because the woman is mildly attractive that you reduce it to jokes. But any adult, especially someone pushing forty, who has sex with any minor student is mentally ill and a criminal. Period. Even if the teacher makes all you nebbish types hot and bothered. Period.
113-
You are a complete fucking retard. Anyone who thinks there is a difference between sleeping with underage males and underage females is fucking a moron and should be castrated immediately. It is just as wrong and just as deplorable for a female teacher to take advantage and have sex with male student as it is for a male teacher to do that with a female student, and anyone who thinks differently should kill themselves to rid this world of thier idiocy. 113, seriously, put a bullet in your brain, the world will be a better place when you are dead.
1 negative vote for comment 129; it is racist
133
FUCK YOU. If you are going to make such an outrageous and disgusting statement like "most men would gladly rape women if they knew they could get away with it," then provide the study that you claim backs that up. If not, then shut the fuck up. I am a man, and under no circumstances would I ever consider rape, ever, period, not ever. Any one who rape a women under any circumstances should have their nuts cut off with a hammer.
In no particular order on the new rating system. Comments 1-17, 19, 24, 27-80, 99, 100-137 are all racist, sexist, and anti-environment. Plus, I know for a fact that 135 hates baby seals and would club them if he knew he could get away with it.
I am raping myself right now as I type this.
12 years. I'll bet most make rapists in TN don't get that stiff a sentence.
Rednecks.
Your rage is impressive. 135, overstated. I think she meant to say more than a third of men would rape if they could get away with it. Not most, but surely, you can't be two pleased with that statistic. But, I'm glad to hear you will be castrating 1/3 of your male friends and relatives in the name of keeping women safe.
MALES' PROPENSITY TO RAPE
"Why do I want to rape women? Because I am basically, as a male, a predator and all women look to men like prey. I fantasize about the expression on a woman's face when I 'capture' her and she realizes she cannot escape. It's like I won, I own her." -- Male respondent, Shere Hite, 1981, p. 718.
Research indicates that 25% to 30% of male college students in the United States and Canada admit that there is some likelihood they would rape a woman if they could get away with it [6]. In the first study of males' self-reported likelihood to rape that was conducted at the University of California at Los Angeles, the word rape was not used; instead, an account of rape (described below) was read to the male subjects, of whom 53% said there was some likelihood that they would behave in the same fashion as the man described in the story, if they could be sure of getting away with it (Malamuth, Haber, and Feshbach, 1980). Without this assurance, only 17% said they might emulate the rapist's behavior. It is helpful to know exactly what behavior these students said they might emulate:
Bill soon caught up with Susan and offered to escort her to her car. Susan politely refused him. Bill was enraged by the rejection. "Who the hell does this bitch think she is, turning me down," Bill thought to himself as he reached into his pocket and took out a Swiss army knife. With his left hand he placed the knife at ther throat. "If you try to get away, I'll cut you," said Bill. Susan nodded her head, her eyes wild with terror.
The story then depicted the rape. There was a description of sexual acts with the victim continuously portrayed as clearly opposing the assault (Malamuth, Haber, and Feshbach, 1980, p. 124).
In another study, 356 male students were asked: "If you could be assured that no one would know and that you could in no way be punished for engaging in the following acts, how likely, if at all, would you be to commit such acts?" (Briere and Malamuth, 1983). Among the sexual acts listed were the two of interest to these researchers: "forcing a female to do something she really didn't want to do" and "rape" (Briere and Malamuth, 1983). Sixty percent of the sample indicated that under the right circumstances, there was some likelihood that they would rape, use force, or do both.
In a study of high school males, 50% of those interviewed believed it acceptable "for a guy to hold a girl down and force her to have sexual intercourse in instances such as when 'she gets him sexually excited' or 'she says she's going to have sex with him and then changes her mind'" (Goodchilds and Zellman, 1984).
Some people dismiss the findings from these studies as "merely attitudinal." But this conclusion is incorrect. Malamuth has found that male subjects' self-reported likelihood of raping is correlated with physiological measures of sexual arousal by rape depictions. Clearly, erections cannot be considered attitudes. More specifically, the male students who say they might rape a woman if they could get away with it are significantly more likely than other male students to be sexually aroused by portrayals of rape. Indeed, these males were more sexually aroused by depictions of rape than by mutually consenting depictions. And when asked if they would find committing a rape sexually arousing, they said yes (Donnerstein, 1983, p. 7). They were also more likely than the other male subjects to admit to having used actual physical force to obtain sex with a woman. These latter data were self-reported, but because they refer to actual behavior they too cannot be dismissed as merely attitudinal.
Looking at sexual arousal data alone (as measured by penile tumescence), not its correlation with self-reported likelihood to rape, Malamuth reports that:
About 10% of the population of male students are sexually aroused by"very extreme violence" with "a great deal of blood and gore" that "has very little of the sexual element"(1985, p.95)
About 20% to 30% show substantial sexual arousal by depictions of rape in which the woman never shows signs of arousal, only abhorrence (1985, p.95).
About 50% to 60% show some degree of sexual arousal by a rape depiction in which the victim is portrayed as becoming sexually aroused at the end (personal communication, August 18, 1986).
Given these findings, it is hardly surprising that after reviewing a whole series of related experiments, Neil Malamuth concluded that "the overall pattern of the data is...consistent with contentions that many men have a proclivity to rape" (1981b, p. 139).
Shere Hite (1981, p. 1123) provides data on men's self-reported desire to rape women from the general population outside the university laboratory. Distinguishing between those men who answered the question anonymously and those who revealed their identities, Hite reports the following answers by the anonymous group to her question "Have you ever wanted to rape a woman?": 46% answered "yes" or "sometimes," 47% answered "no," and 7% said they had fantasies of rape, but presumably had not acted them out--yet (1981, p. 1123).
Surprisingly, the non-anonymous group of men reported slightly more interest in rape; 52% answered "yes" or "sometimes," 36% answered "no," and 11% reported having rape fantasies. (Could it be that many men don't think there is anything wrong with wanting to rape women?) Although Hite's survey was not based on a random sample, and therefore, like the experimental work cited above, cannot be generalized to the population at large, her finding that roughly half of the more than 7,000 men she surveyed admitted to having wanted to rape a woman on one of more occasions suggests that men's propensity to rape is probably very widespread indeed. It is interesting that Hite's percentages are comparable to my finding that 44% of a probability sample of 930 adult women residing in San Francisco reported having been the victim of one or more rapes or attempted rapes over the course of their lives (Russell, 1984).
The studies reviewed here suggest that at this time in the history of our culture, a substantial percentage of the male population has some desire or proclivity to rape females. Indeed, some males in this culture consider themselves deviant for not wanting to rape a woman. For example, the answer of one of Hite's male respondents was: "I have never raped a woman, or wanted to. In this I guess I am somewhat odd. Many of my friends talk about rape a lot and fantasize about it. The whole idea leaves me cold" (1981, p. 719; emphasis added). Another replied: "I must admit a certain part of me would receive some sort of thrill at ripping the clothes from a woman and ravishing her. But I would probably collapse into tears of pity and weep with my victim, unlike the traditional man" (1981, p. 719; emphasis added).
Some feminists are among the optimists who believe that males' proclivity to rape is largely a consequence of social and cultural forces, not biological ones. And, of course, having a desire to behave in a certain way is not the same as actually behaving in that way, particularly in the case of antisocial behavior. Nevertheless, it is helpful to have this kind of baseline information on the desire and predispositions of males, who are, after all, the chief consumers of pornography.
140. If that data is correct I am astonished. 17% said they would hold a knife to a woman's throat and rape her. Yikes.
I think relying on early 1980's data is a bit outdated. I mean, the New York Yankees have a female announcer. Surely times have changed.
where are the pictures of the 3 men who were allegedly raped by her?
I am a proud liberal, but I think we can all admit that society has coarsened considerably since the 1980s when many of us (guessing here) grew up, what with the advent of internet porn, etc. I shudder to think what the survey results would find today. This father is not letting his daughter date until she's in grad school.
Congratulations, women, on obtaining the equality for which you strived.
I think all of the women are saying she deserves her sentence, it seems to be the men on this site (because it was your favorite erotic daydream in the 9th grade???) who are saying she deserves a medal...Interesting.
if you ask the dude she raped if he felt like he was raped, i'd wager that the dude would say no.
Just noticed an ad for NYU Law grad programs on the side of the page. This strikes me as more shocking than the 12 year sentence. A top school schilling its law program on ATL. Oh, the end is nigh!
147:
Ask him when he's having his midlife crisis at 35 and can't commit to a woman his own age because he has "trust issues."
dude, I would do 12 years in the clink to tap that shit! she's freakin' hot!!!! Judge must be gay.
Correct 146. Most men that read the account of the crime would have gladly had the same thing occur to them at that age.
I used to fantasize about having sex with my teachers, but in my fantasies the teachers were good looking.
@147 -- Congratulations on not understanding the difference between "statutory rape" and "rape." (Or "rape rape" as Whoopi calls it.)
Elie, the fact that you are appalled that she got the maximum sentence only underscores the double standard - if a male teacher received the maximum sentence for having sex with a 17 year old high school girl, no one would be worrying about whether the male teacher was treated fairly. The courts are trying to send the message that sex with underage students is illegal, period.
I'm not sure quoting Whoopi is your best defense, 153. She made those comments to describe Roman Polanski's luring a breast-less 13 old away from her parents under the pretense of a photo shoot, drugging her and anally raping her. Was that rape rape to you, 153???? Here's how Polanski described it:
"If I had killed somebody, it wouldn't have had so much appeal to the press, you see? But … fucking, you see, and the young girls. Judges want to fuck young girls. Juries want to fuck young girls. Everyone wants to fuck young girls!"
This case was a terrible waste of prosecutorial resources. If only I had been fortunate enough to have a teacher like this when I was 17.
Why should she get three years instead of two? Why two instead of one? 17 isn't 7, nor is it 18.
People, there's no metric borne out of these emotive expressions. The judge fell within the guidelines, end of story.
If the woman's photograph is any guide, she is an unsympathetic figure who comes across as bitter.
(To the uninitiated, that means GUILTY**GUILTY**MAX SENTENCE.)
NY to 16!
NY to 16!
The real issue here is that she falsely accused this kid of raping her. When women make poor choices about when they spread their legs, for some reason they tend to claim they were raped.
I know a woman who took a guy home from a bar while she was going through a divorce. She performed oral sex on the man and then had vaginal sex with him. Once she realized that her actions could lessen the reward she was about to recieve for divorcing her husband, she called the police and claimed she was raped. The guy from the bar was sentenced to five years.
Women make false accusations of rape whenever it is convenient for them, and this is just another example of a woman who stood to lose if she didn't claim she was raped. There needs to be some type of justice for those who tell flagrant lies that could ruin the life of a seventeen year old kid or a guy at the bar.
-Married Secure (I hope)
140, I don't expect someone who doesn't understand the distinction between too and two to understand the audacity of using a 1980s survey with sample sizes under 500 on one campus to represent all men in our society.
For the erections data, most men at this age would get an erection from any slight pressure or pictures of exposed skin, regardless of the context. They may have been (and probably were) extremely uncomfortable, even if they were having an involuntary erection. Involuntary erections are just that.
The jokes and references to rape made by some men are black humor. There is no way of knowing the stats (without a much, much larger survey than you provided) how many men actually would commit a rape if opportunity came about, but their conversational tone about the subject is hardly indicative.
I'm in no way condoning rape (and only thanks to the stupidity of the posters on this site do I have to make this obvious stipulation). I'm not even saying that the statistics given are impossible (though they do seem improbable), just that the survey as you've interpreted it isn't worth repeating.
I don't know how we got on this whole "what percentage of men would rape if they could do so without any repurcussions" non-sequitor (especially when it wasn't even relevant to the point made by the commenter who brought it up), but it is a non-sequitor. It's mildly interesting, but I don't know if there's that much to take out it. It's not much more than a measure of greed, empathy and societal attitudes toward rape in general.
What if she really was raped? That's a 12 year sentence for having an underage rapist.
I don't see where she recanted her claims. I also don't see where the young man is innocent. His claim of "I picked her up, but she wanted it" is a classic rapist line. Or domestic abuse. Or other form of violence against women.
164-
I don't see where she was acquitted.
No woman should ever go to jail for have sex with a teenage boy. I mean like duh, why are we throwing babes in jail????
At least he didn't put it in her mouth.
162, I'm not sure someone who doesn't respect the apostrophe can be trusted to make a valid argument (isn't assailing bad punctuation/a dropped homonym super fun and douche-y!), but "sampling size" is a total red herring. The Stanford prison experiment was 25 students from one university. The FDA routinely approves new drugs from fairly small patient pools. Such is science. Maybe my lack of a phallus makes it difficult for me to "get it," but your argument is that men who see, for examples, violent images of women being violated in the grossest of possible ways has an involuntary erection because a stray breast is exposed and that has absolutely no import for their general views on violence against women? Doesn't humor black or not have to be funny? I wish my brain wasn't hardwired to dig men, because if what you are saying is true, than there are no normal, non-psycho guys out there, but frankly living in DC surrounded by other lawyers, I can't say I am too surprised. Mortally wounded perhaps, but not surprised.
DC girl, I feel your pain. I thought Eliot Spitzer was going to be the first Jewish president. Just another loser chasing unprotected BDSM sex with a girl almost as young as his daughter. Ick! Where are the normal men 32-40? Generation X really is lost...
133's daddy did not love her (or loved her more than any normal man ever would)
168/169. Honestly, I think it's the internet. It just ruined our guys. Too much easy porn, too much voyeurism, too much ability to act out all of their aggression on women online in chat rooms or comment boards. It's a whole generation of emotionally stunted males. We'll have to wait until they've gone through a divorce or two and have grown a pair. Strictly, speaking they're no longer needed to populate, either. Lloyd Dobler was a fictional character, sadly. It sucks, but that's the reality. Or import them from another country, preferably with a nice accent....Australia or France...
171 -
The internet did not ruin "your guys." Your guys were precisely in this way for all of human history. The internet simply provided a forum to air out the positions (many ridiculous, others understandable), that we cannot air out in polite society.
Some see this as a great detriment of internet anonymity. I take a more cynical view: this is what we all have in our hearts, and you might as well know it. It's also not all that we are. I'm sure that many assholes on ATL are perfectly decent people in their lives. All perfectly decent people (and certainly those not), have a dark streak - this is just an outlet for it.
Wasn't this already an episode of Law & Order SVU with Melissa Joan Hart as the guest star?
Everyone is forgetting about the reButtable presumption that if the teacher is doable, a 17 year old boy would want to bang her. The reason there is a double standard is that no such presumption exists for 17 year old girls. I hope that clears up much of the confusion.
South Park had a great episode that dealt with this. No one feels bad for the "victim." Most males as 17 year olds would gladly have had sex with a hot female teacher and bragged about it. The crime is absurd. She should lose her job and that is about it.
172, that is fucking depressing. Seriously. Are men not capable of evolving? Apparently Dr. Laura is right and all men want from women is sex and sandwiches. Very sad.
93 & 125: What about Beverly D'Angelo from Vacation?
Dr. Laura said something intelligent? Now, go get me a friggin sandwich!
168,
If missing the apostrophe after the possessive 1980s shows my lack of respect for it, my bad. You're right that starting off with an ad hominem attack was douchey; such is an argument on the internet.
All humor is funny to some people and offensive to others, it's naturally subjective. Generally, the intent of black humor not to indicate approval of the subject matter and is used in the exact opposite way. The person telling the joke would actually not condone the activity at all, that is why it's a joke. If they meant the joke superficially, it is no longer humorous.
I will not accept that the sample size is irrelevant. 500 (more than any of the studies listed) collegiate men do not represent all of male society. The Stanford Prison study was limited due to the fact they were torturing the "prisoners" and subjecting the "guards" to emotional distress as well. FDA treatment for a specific disease is not analogous to a representative sample of all people. The FDA subjects would have more control over other factors making the sample size necessarily smaller. There is no need to apply the drug across all people with all factors, but only those with the specific problem needing addressed. This sociological study is about men across society, without control factors of any sort, or distinctions between the behavior of those in the study and those not.
IF this is a standard sample size for such a type of study, I will not be convinced of the relevance of the study, but instead of the laziness and inaccuracy of the social science world. Sample size is anything but irrelevant and a low standard doesn't create higher accuracy, only higher relative accuracy.
As far as the methods discussed in the surveys, for every "She was asking for it" joke I've heard, there have been ten "I'll kick his ass if it's true" comments. Anecdotally & unscientifically of course;)
-162
119: 26 is a correct statement of the law. It was just obviously written by a 1L who just learned that s/he could get bonus points on an exam by weaving in policy-based analysis. I thought it was cute. -60
176 - We think you often suck too. You know, you guys think we can't evolve - we think you are wildly irrational. I'm no psychiatrist but, fundamentally, men and women want very different things from each other. But being humans (of whatever gender), we feel entitled to the things we want and blame "the other side" for not delivering.
Oh, and Dr. Laura is a moron. What I want from a woman is a modicum of interest in the cultural things that I like, mutual understanding that we do often want different things, sex, and a sandwich.
Cheers.
I am glad there is finally some justice. One, her story could have ruined the life of the young man. Two, many men have been given nasty punishment for sleeping with women who are just shy of 18. In most areas, men are the only ones convicted of statutory rape. http://www.dvds-online-rental-review.com
To all those that say it's hypocritical to be appalled by this sentence and not by a man getting the same thing: what?
Most men are walking hard-ons from the day they hit puberty to the day they die. We will lie, cheat, steal and kill to get laid. We will put ourselves in positions of authority and take advantage of that authority to get our rocks off. Women think they know how bad it actually is, but it's worse: as the comedian said, if women knew what we were thinking they would never stop slapping us. I wouldn't apologize for it, but I would certainly expect the law to reflect reality, because if I ever have a daughter, you can be damn sure I would want her would-be statutory rapist to consider the consequences of a twelve year prison sentence.
A woman having sex with a seventeen year old guy? Assuming that he was mentally capable of consent and it was consensual, and putting aside the perhaps false rape allegation, what possible reason is there to punish her for the act she has been punished for? Abuse of the student/teacher relationship? I reject the presumption of abuse of power in the student/teacher dynamic for female teachers, because it doesn't jibe with reality as I've experienced it or anything I've ever read about it. The only thing she is guilty of is poor judgment and a violation of a criminal law. Maybe not a speeding ticket, but probably not a DUI.
On the other hand, I never had sex with my teachers in high school, so what do I know? And if she falsely accused the guy of rape, I hope she rots in jail and burns in hell. But I'd rather see her convicted of it first.
beer, sex, sandwich... in that order, please.
140 -- Go shave your armpits and shut up. I know your type. I took a class in college aimed at child abuse prevention. Well, we also did training programs with a group that was for prevention of abuse to women. While all rational people are against abuse of any kind, most of the women in these groups were crazy man haters. They were militant in their fantastical "fight" against all men and would spout out the most outrageous ridiculous crap.
Agreed she's no Pam Rogers or Debra LaFave, but Sandy's mugshot isn't her most flattering photo. Check out:
http://i.fokzine.net/upload/081003_272_sekslersandra--binkley.jpg
(looks like she's trolling the X-Games or something for dates)
http://wkrn.images.worldnow.com/images/11194110_BG1.jpg
(lookin' lawyer-hot)
http://www.youtube.com/watch?v=pI90_2TFjKc
(showing her southern milf-ness in video)
183 - Obviously you are a dirt ball. However, that doesn't mean that all young boys are dirtballs. While a 17 year old boy may be capable of sex physically, many are not ready for it emotionally --- and it is definitely important to protect them from sleazy old women -- especially their teachers.
Based on your logic, it would be ok for a promiscous 17 year old girl (who wants sex) to sleep with an old guy. It's preposterous.
She is not ugly enough or old enough for this to be illegal. Period. The end.
To168,
Way to demonstrate your complete ignorance about science, statistical validity, and sampling errors.
To 169,
Spitzer our first Jew POTUS? For shame! How about Franken? That would demonstrate to the world our complete lack of regard for all things sensible. I'd rather see half of NYC Jews wiped out than have a Jewish pres. And I'm bnei Israel!
187 - whether or not I'm a dirtball (I've had my moments), you appear to be a judgmental prude.
"Based on my logic," it would not be "ok" for a sexually promiscuous 17 year old, regardless of sex, to have sex with a 37 year old where it is illegal. But it has nothing to do with the emotional readiness or promiscuity of the younger party. It is not ok because it is illegal. Period. My moral judgment of the situation simply doesn't enter into it. Nor does the "emotional readiness" of the younger party.
My point is about appropriate punishment and whether it makes sense to punish the sexes differently for this crime. I believe it makes sense for the punishment to be much harsher for men than women, and on an increasing scale the larger the age difference, both because men, as a group, need more deterrence and because they are much more likely to cause permanent emotional harm to the younger party. Yes, this is a generalization, but it is an accurate generalization.
I can see criticisms of that position - it seems to be based on a pretty paternalistic view of the emotional state of young women, for example - but your criticisms didn't seem quite so thoughtful.
-184
168-
There's nothing hard-wired about your attitudes toward men. Most women (or do you spell it womyn?) view men without your obvious feminazi bias and don't have any problems.
164:
Are you living in this world, or your own mythical world where there is no jury to make determinations of the facts?
Apparently, beyond a reasonable doubt, she had consensual sex with the guy.
12 years is fucking stupid.
The punishment should also increase relative to how fugly the older person is. For example, if a 35-year-old teacher looked like Owen Wilson, it seems more likely that the young lady would have been a willing participant--who wouldn't love to have sexy time with him? On the other hand, if we're talking about a Fred Thompson look-alike here, throw the book at him--he obviously used some undue influence to trick her. The same holds true for female teachers, except that the fugly bar is set much lower for a horny teenage boy. For boys we'd have to be talking about a Golden Girl before we cross the line into severe punishment--even then, if it was the slutty one, Blanche, it would be a close call. On the teenage boy scale, this Sandy Binkley is easily a babe. I guarantee you every straight boy in her class fantasized about having sex with her at least once a week, if not once or more per class. Absent extenuating circumstances (e.g., she intentionally gave him herpes) she should, at most, get a paid suspension from her teaching job. Twelve years in prison is completely insane.
179, you actually seem like a pretty reasonable person. Sorry, if I was a bit snarky. I disagree with your position, but you have restored my faith in the male lawyer species.
168 (actually not a man-hater, fairly mentally stable/attractive, and, married to a non-lawyer, but a profoundly bad typist).
181:
Women actually like it when their boyfriends/spouses to make them sandwiches for them, too (surprisingly easy) and most like sex on at least a weekly basis.
I, for one, am willing to put up with ad naseum South Park watching/Guitar Hero play/useless gadget collecting, in exchange for a partner who manages not to leave his dirty socks in the middle of the living room floor, boycotts internet sex chatrooms, and reads novels/policy tomes/the Sunday NYT. Is this too much to ask for? What is it that men want from women???
40 year old widow resigned to the fact that she may never know the anwer...
196 -
Sorry about your loss. Everything you say sounds very reasonable, except for the sock-on-the-floor thing. I suspect there are men out there who don't leave their socks on the floor, but I haven't met any. My wife is used to it by now. Anyhow, I wouldn't resign myself to anything by 40. If you are as reasonable as you present yourself to be, you'll be alright, as long as you can communicate and stay in half-decent shape.
- Dr. Phil/181
Oh, I forgot one thing. Anyone who goes to "sex chatrooms" is a jackass. PornHub, YouPorn, xTube, Spankwire, Slutload... that's another story. Videos are okay (necessary, in fact). But chat rooms? Who does that?
197, my wife is the one who leaves her socks on the floor in our relationship. I am the neat freak. But I recognize that among straight men I am the exception in that regard.
196, you really don't have to understand men, because we don't understand women. But intimate relationships can still work. Mutual respect involves giving the other person enough space to be different within the partnership. Often easier said than done.
199, you must be a patent lawyer. Seriously, I think you must be right. Space is essential in a relationship. I often forget that and plot out my husband 's (a non-planner) down time for him. Thanks for reminding me to pull back. Meanwhile, all I want for Christmas him to remember to pick up his socks. Perhaps if I learn to stop squeezing the toothpaste tube from the middle. Ah, married life!
200 - I hope you put the cap back on the tube. That shit kills me, such a pet peeve. And yeah, assuming you like the person to begin with, it's all about open communication and giving/getting space.
This is happening all over the country. Go to www.schoolteachernews.com and click on the Scandal page. This year they have documented over 400 of these types of incidents. In 2008 they found 478 of these kinds of cases.
Blech. Get a room you two.
192 - Because juries never make mistakes, right?
204 - and your point? sure juries can make mistakes, but a jury heard the entire case so why would somebody who's read only a few lines on ATL question it?
How likely do you think it is that a woman who was raped is now serving time for it? Did you at least look into why the prosecutors didn't file rape charges at the beginning?
Why do you think the news is focused on the sentence rather than the question of whether she was raped? It would have been a much more interesting story if there was still a legitimate question of whether she was raped.
Think before you speak.
Where I come from 17 is legal.
"I believe it makes sense for the punishment to be much harsher for men than women, and on an increasing scale the larger the age difference, both because men, as a group, need more deterrence and because they are much more likely to cause permanent emotional harm to the younger party"
Perhaps the most moronic statement ever --- especially considering he also wrote that the emotional state of the 17 yr old shouldn't matter. Plain stupid.
24 is right...between 17 and 18, lots of magical things happened to my genitals that never happened before
http://www.comcast.net/articles/news-national/20091118/US.Missouri.Girl.Slain/
If she can be tried as an "adult"...
gives me new reason to keep my hands off the kid from twilight
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