Man With Mental Disability Sentenced to 100 Years for Sexual Assault

[ccharles000]

Recently, an 18-year-old man was convicted of sexually assaulting a six-year-old boy. Terrible story, surely, but one that is unfortunately not particularly unusual. That is, until you hear that the perpetrator has a mental disability. And that he received a 100 year sentence.

Attorneys and advocates are questioning why an 18-year-old East Texan with profound mental disabilities was sentenced to 100 years in prison in a child sex abuse case.

They say the case of Aaron Hart was mishandled from start to finish and raises questions over how to deal with the mentally disabled when they encounter the criminal justice system.

After a neighbor found Hart fondling her 6-year-old stepson in September, the East Texas teenager pleaded guilty to five counts, The Dallas Morning News reported Wednesday.

Hart has an IQ of 47 and was diagnosed as mentally disabled as a child. He never learned to read or write and speaks unsteadily. Despite being a target of bullies, he was courteous, well-behaved and earned money by doing chores for neighbors, supporters said. His parents say he’d never acted out sexually.

http://thecurvature.com/2009/06/15/man-with-mental-disability-sentenced-to-100-years-for-sexual-assault/

[Skittles]

1. he's got some new lawyers on his side, charles

lot of outrage about it in Texas

[Bluzmann57]

2. This is the same state that sentenced a severely retarded man to die

Remember the case of Penry vs. Texas? Mr. Penry was severely mentally challenged, could not live on his own, killed someone and got death. Not exactly sure of the year, but I think it was in the '90's. Or maybe early 21st century, around 2000 or 2001. Anyway, yes, killing and sexual assault are wrong, but if a person doesn't know any better, should he have to spend life in prison or die? Our mental health care is failing and it needs to be fixed.

[deek]

3. Sensible clip from link:

I also want to take pains to point out that Aaron Hart did not commit an assault because of his disability. He didn’t do it because having a mental disability makes you a dangerous person. And to argue as much is as at least as supremely ableist and stigmatizing to those living with disabilities as this sentence is. My argument for why this sentence is outrageous is not at all based on this flawed and bigoted notion.

Further, I don’t know whether or not Aaron Hart understands what he did. I don’t know very much about his disability at all, and even if I had his medical records in front of me, I’m no expert able to make such an assessment. And while I disagree with this sentence, I can’t say what exactly the sentence should be. It’s worth noting that prison is quite frequently not a safe, reasonable or appropriate response to crimes committed by people with disabilities, and other responses are instead far better and more humane options. But whether this applies to Hart, I do not know. I don’t.

What I do know is that 100 years is absolutely ludicrous. Not because I think that the assault was “not a big deal.” Not because I think that “his disability made him do it.” I think neither of those things. I think it is absolutely ludicrous because I cannot tell you the last time I’ve seen a sentence that high for any case of sexual assault, including the “worst” kind you can think of, involving numerous perpetrators, torture, etc.

What I can tell you is that a conniving, predatory man who is believed to have raped well over 30 women got off with a mere 21 year sentence thanks to rape apologism and minimizing of what he had done. I can tell you about a man who is alleged to have brutally raped a four-year-old girl, requiring her to have surgery, who faced a maximum 20 year sentence. I can tell you of a rapist who received 3 and a half years, and only such a high sentence because the judge believed the victim was “stupid.” I can tell you of a man who raped a woman, and whose administration of a date rape drug killed her, and is serving only 5 years. While it’s not sexual violence, I can also tell you of a man who killed his first wife and stabbed and seriously injured his second wife, only to receive a total of 9 years in prison. Or of a man who murdered a sex worker and served a single day.

(links to above cases at site)

[NMMNG]

5. What Aaron Hart needs is not prison

He'd likely benefit from a structured, supervised living arrangement where he can get appropriate instruction including sexuality education (which would include teaching him that children are off limits and giving him appropriate outlets for his needs). Sadly much of the time people presume that those with developmental disabilities are "permanent children" and as such either don't/shouldn't have sexual desires and needs. Based on those assumptions they not only don't teach them about sex they often actively repress them sexually. But as we've learned over the course of history you cannot eradicate the human sex drive and attempts to do so typically result in more problems than they solve .

[MichellesBFF]

7. You're overlooking the one difference

Between the crimes you're citing and the one in the OP. The victims in your crimes are all women. The one in the OP is a boy. Big difference when it comes to these judges.

Now I has a sad.

[NMMNG]

4. What bullshit!

There's no excuse for this whatsoever. And 100 years?!? Serial rapists who know very much what they're doing typically don't get that sort of sentence. :wtf:

[ccharles000]

6. yup

[Jester Messiah]

8. Woman with mental disability given Alaskan governorship [nt]

[JANdad]

9. That post has no place in this thread and makes this site

look childish...CHILD!

[Jester Messiah]

10. Aw, now you've gone and hurt my feelings...

Wait... wait... ok, I'm over it.
:spank:

[dorkulon]

11. Well, I thought it was funny.

I apologize profusely to Governor Palin and her 100% virtuous family. Oh, and thanks to the US military for making this message possible.

[Liberal_in_LA]

12. Texas is a weird state. They basically gave him a life sentence.

[ccharles000]

13. kick