North Texas judge's sentence, comments in case of teen's rape spur outrage 
 
 DALLAS — A Dallas County district judge has ignited a firestorm of criticism and drawn national ire after she publicly implied a rape victim was promiscuous and was not "the victim she claimed to be." 
 
 
 
 The comments made by State District Judge Jeanine Howard to The Dallas Morning News angered the Dallas County District Attorney’s Office, the victim’s family and advocates for sexual assault victims. The judge is also being criticized for giving the admitted rapist probation, for initially ordering that he do community service at a rape crisis center and for not making him subject to standard sex offender rules and regulations, such as that he have no contact with minors. 
 
 
 
 “We’re certainly disappointed with the statements that the judge made because of the message that it sends to victims and potential victims,” said Andrea Moseley, a high-ranking Dallas County prosecutor. “The truth is that he admitted that he sexually assaulted her, that she did not give consent, that she said 'no' and we certainly believe that no means no in these cases.” 
 
 
 
 She said she’s spoken to the victim’s family and “they’re hurt and they’re concerned to make sure that the truth is out there and obviously the victim feels like her reputation has been damaged.” 
 
 News 8 spoke with the victim Friday afternoon. She is now 17-years-old and will graduate from high school next year. She disputed many of the judge's assertions about her past. 
 
 
 
 “I have never been pregnant ever," she said. “And three partners? I don’t even know where she got this. I feel like this was her way of trying to make herself feel better.” 
 
 
 
 The victim said she was starting to come to terms with the rape and the decision to come forward and prosecute her attacker, until she heard about the judge’s comments in the newspaper. 
 
 
 
 “It was a slap in the face,” she said. “I thought I was going to get help. I thought that it would be taken care of, and I wouldn’t have to worry about it anymore.” 
 
 
 
 The judge refused to comment to News 8. She removed herself from the case Friday and the case has been assigned to a different court. Prosecutors also filed a motion Friday asking that the new judge overseeing the case order 20-year-old Sir Young to follow the standard requirements for a sex offender – some of which are legally required. 
 
 
 
 Last week, Young pleaded guilty to the October 2011 rape of a 14-year-old girl in a practice room at Booker T. Washington High School, where they were both students. Howard sentenced him to five years of deferred adjudication probation, which would leave him without a conviction if he successfully completes it. 
 
 
 
 But, it was another unheard of condition that she imposed that initially shocked rape advocates. Howard ordered Young to serve “250 hours of community service at a rape crisis center” last week. The judge changed the probation condition after the Dallas Area Rape Crisis Center said he wasn’t welcome there. 
 
 
 
 According to court documents, the judge originally made Young subject to standard sex offender conditions. Those conditions include refraining from contact with children, going though sex offender treatment, undergoing a sex offender evaluation and taking annual polygraph exams. 
 
 
 
 On Wednesday, however, Howard reversed course and decided that Young didn't have to be subject to those conditions – something that no one can ever recall happening in a case involving an admitted rapist. 
 
 
 
 “The two goals of probation are protecting the community and rehabilitating the offender," Moseley said. "And the judge in this case chose to put him on probation and didn’t do what's going to be necessary in our view to protect the community and rehabilitate the offender." 
 
 
 
 Prosecutors are most concerned that the judge didn't order Young to stay away from children, particularly given the age of the victim at the time of the rape. She was 14. 
 
 
 
 In explaining her decision-making to the Morning News, Howard said the girl texted Young asking him to meet her and she agreed to have sex with him, but didn’t want to do so at school. She also said the girl had several sexual partners and had given birth to a child. She also added that Young’s age at the time of the offense played into her decision. He was 18. 
 
 
 
 “She wasn’t the victim she claimed to be,” the judge told the newspaper. “He is not your typical sex offender.” 
 
 
 
 Bobby Villareal, executive director of the Dallas Area Rape Crisis Center, was appalled by Howard’s comments and says justice wasn’t served. 
 
 
 
 “This is an example of why people don’t come forward and report their sexual assaults because they are not only victimized at the time but the continuing game of shame and blame,” Villareal said. “They are put on trial again in the judiciary and the media. The things that were said were outrageous and some of them were actually untrue that were reported.” 
 
 
 
 Moseley echoed Villareal’s sentiments. 
 
 
 
 “Consent is not an issue and it wasn’t an issue because he admitted he didn’t have her consent,” the prosecutor said. “When consent is not an issue, a victim’s past is never appropriate for comment. That’s my problem with it as a woman and as a prosecutor. I was certainly disappointed in the message I think it sends to the community.” 
 
 
 
 Howard also defended her decision to give Young probation. 
 
 
 
 “There are rape cases that deserve 20 years,” Howard told the newspaper. “Every now and then you have one of those that deserve probation. This is one of those and I stand by it.” 
 
 
 
 Howard is a Democrat. She doesn't have an opponent for the November election. 
 
 
 
 Young is currently in the Dallas County jail serving a 45-day jail sentence, another of the conditions that Howard imposed. He also must serve two days in jail every October 4 — the anniversary of the rape — while he’s on probation. ||||| A Dallas County judge under fire for giving the rapist of a 14-year-old girl probation and then tossing the common restrictions given to sex offenders recused herself from the case Friday. 
 
 State District Judge Jeanine Howard declined to comment about the case beyond comments she made toThe Dallas Morning News on Thursday night, which included her saying that the girl “wasn’t the victim she claimed to be.” 
 
 The Dallas County district attorney’s office wants the new judge assigned to the case — state District Judge Carter Thompson — to alter the terms of probation for Sir Young to be more restrictive. Thompson could deny the request, change the conditions or hold a hearing about whether there should be changes. No decision had been made Friday. 
 
 District Attorney Craig Watkins on Friday expressed anger about Howard’s actions and comments. 
 
 “I am outraged about the judge’s statements and her conduct,” Watkins said in a statement. “I feel as if the judge blamed the victim, which is never appropriate in sexual assault cases and especially in this one where the defendant pled guilty. I am relieved the judge recused herself from the case, so the district attorney’s office can move forward and continue fighting for the victim.” 
 
 Howard told The News that she made her decision, in part, because the girl previously had multiple sex partners and had agreed to sex with Young, who was 18 at the time of the 2011 assault, but did not want to do it at school. Young and the girl were both students at Booker T. Washington High School for the Performing and Visual Arts at the time of the assault. 
 
 They both testified last week that the girl said “no” and “stop” numerous times before and during the rape. 
 
 Young, now 20, does not have to stay away from children, attend sex offender treatment, undergo a sex offender evaluation or refrain from watching pornography. These are typical probation requirements for rapists that are intended to prevent future victims and rehabilitate offenders. 
 
 Victim’s past used 
 
 Prosecutor Andrea Moseley expressed concern Friday about Howard using evidence about the victim’s past sexual history to make a decision. Federal law prohibits evidence that a victim engaged in other sexual behavior from being admitted in civil and criminal proceedings. Moseley said while there are exceptions, she does not believe they apply in Young’s case. 
 
 “What we expect is that a victim’s background is not relevant to a guilty verdict or to what the sentence should be,” said Moseley, who filed a motion Friday asking the judge to add “standard sex offender conditions” to the probation conditions. 
 
 The head of the Dallas Area Rape Crisis Center, Bobbie Villareal, said the focus should never be on the victims and the number of sexual partners they have had. That does not diminish the act of rape, she said. 
 
 If the girl had sex previously, she was raped those times, as well, Villareal said. Because she was 14, the girl was not old enough to consent to sex under Texas law. 
 
 “Why are we turning the lense on her or any victim? Why does it matter what she did?” said Villareal. 
 
 Howard said Thursday night that other factors she considered were medical records that showed the girl had a baby and that she had texted Young asking him to spend time with her. 
 
 The girl’s mother said Friday that her daughter had never been pregnant, and she was “livid” about the judge’s comments. 
 
 “There’s no baby,” the mother said. “I don’t know where these medical records came from. It’s not true at all.” 
 
 The medical records were not available Friday, and prosecutors declined to discuss them because doing so would focus on the victim, they said. 
 
 The girl and her mother are not being identified to protect the girl’s identity. The News does not typically identify victim of sex crimes. 
 
 Villareal, a former prosecutor in Dallas and Tarrant counties, said she doesn’t understand the judge’s thought process and suggested the judiciary could use training about sexual assault. 
 
 “We need to make the punishment fit the crime. In her mind, she did that,” Villareal said of Howard. “I disagree. The community should disagree.” 
 
 Message feared 
 
 The victim, who is now 17, told The News on Thursday “it would have been better for me not to say anything,” about the attack. 
 
 Moseley and Villareal both said they fear that the handling of her case could cause other victims not to approach authorities. 
 
 “I’m concerned that the message that was sent in this case was that victims may find their backgrounds on trial and exposed,” Moseley said. 
 
 Young pleaded guilty last week to sexual assault and faced up to 20 years in prison. A defendant can choose whether a judge or jury sentences him. Howard gave him five years of deferred adjudication probation, which means he will not have a criminal record if he meets all the requirements. 
 
 Young does have to register as a sex offender for the rest of his life and must stay away from the girl. He is spending 45 days in jail as a condition of probation and must spend each anniversary of the rape — Oct. 4 — in jail for the five years he is on probation. 
 
 Moseley said prosecutors could have eliminated the possibility of Young receiving probation by not allowing him to plead guilty and instead having a jury decide his guilt or innocence. But she said that would have forced the girl to testify before numerous people instead of a mostly empty courtroom. 
 
 “We’re always aware of how uncomfortable it can be to testify before jury,” especially in child abuse and sexual assault cases, she said. 
 
 Villareal said that the judge’s decision hurts Young, too. Villareal said the probation conditions that Howard eliminated would have helped Young not reoffend. “If she doesn’t put him on any kind of sex offender treatment, she isn’t giving him a chance to rehabilitate himself,” Villareal said.
– A Texas judge who sparked outrage by limiting the punishment of a rapist—and criticizing the man's 14-year-old victim—has recused herself from the case, the Dallas Morning News reports. State District Judge Jeanine Howard made no comment beyond what she said Thursday night (that the girl "wasn't the victim she claimed to be") but others had plenty to say. "I feel as if the judge blamed the victim, which is never appropriate in sexual assault cases," said District Attorney Craig Watkins, who wants the next judge to impose a harsher punishment on the rapist, Sir Young. As it stands, Young—who faced up to 20 years in prison after pleading guilty last week—will serve only five years of deferred probation, meaning he'll have no criminal record if he meets all requirements, like spending 45 days in jail and serving 250 hours of community service at a rape crisis center. He will have to register as a sex offender for life, but Howard waved typical requirements for rapists, like going to sex offender treatment and staying away from children and pornography. Why? Because the victim apparently had previous sex partners and had agreed to sleep with Young, even though she said "no" and "stop" more than once during the rape. Critics say that federal law usually prohibits evidence of the victim's other sexual behavior, and now future rape victims may think twice about stepping forward. The victim herself was outraged: "It was a slap in the face," she told KHOU. "I thought I was going to get help. I thought that it would be taken care of, and I wouldn’t have to worry about it anymore."