Wednesday, October 11, 2006

Convicted Molester Gets No Jail

(Toledo, Ohio) In early September, 33-year-old mother of three Dawn M. Fisher pleaded no contest to unlawful sexual conduct with a minor in accordance with a deal offered by the prosecution.

As a reminder, Fisher engaged in a sexual relationship with a 14-year-old boy, became pregnant and gave birth. She denied all allegations until DNA testing of the newborn proved the boy was the father.

Yesterday, Judge James Bates sentenced Fisher to five years community control and no jail time. She had faced a possible five years in prison. Surprisingly, Judge Bates admitted that he would have ruled differently for a man in similar circumstances.

From WTOL.com:
Judge Bates told Fisher, "If I had a male in front of me that would have had sex with a 14-year-old female, I think everybody in the courtroom would know what I would do to that particular offender. They would be going to a state institution for a very lengthy period of time."
Judge Bates' admission can be added to the statements of inequality recently voiced by Utah District Judge Mark Kouris as he sentenced a female sexual offender to probation. According to Judge Kouris:
"If this was a 29-year-old male and a 17-year-old female, I would be inclined to order some incarceration."
My friends, we've got two cases in different parts of the country where sitting judges have openly admitted a gender bias in the American justice system.

Consequently, I suggest we won't have to wait too long before a handful of incarcerated male sex offenders files a lawsuit claiming denial of equal treatment under the law. Then I suspect the Supreme Court will be asked to rule on the systemic gender bias in the judicial system. My guess is that some convicts will ultimately be set free.

Think about it. Female sex offenders are regularly getting little or no punishment while men are treated harshly. The disparity will ultimately have to be addressed by the highest court in the nation.

Tip: Don Morgenstern


[Update 07/26/07]

Fisher violates probation.

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