I suspect this typical explanation which is frequently given by defense attorneys representing men convicted of rape and men who plead guilty on rape-related charges will instantly go out of favor with the typical rape excusers because of the details of the case where it was used.
Here is the explanation from a MSNBC story:
Caban's lawyer, James Friedman said, "She's a good kid, despite the picture painted of her, who exercised poor judgment and got herself into a bad situation. She is not the monster the prosecution made her out to be."
Caban's father, Rafael Caban, 55, is a retired Correction Department captain.
Testagrossa is the son of two prosecutors. His father, Charles, is the executive assistant district attorney in Queens who prosecuted the Sean Bell police shooting case. His mother is a lawyer in the Nassau County district attorney's office.
So what did these two good kids do?
A college student who branded a former lover's body with a scalding piece of metal as payback for never calling her after they had sex was sentenced to five years in prison Friday.
Doesn't sound like a mistake to me anymore than raping someone you know sounds like a mistake. Both are crimes which should be taken seriously.
Those who make or accept this type of excuse when applied to similarly respectable rapists must accept the excuses made for this woman and her new boyfriend or they prove that for them rape is easily excusable.
The prosecution made the statement that this crime was payback for not calling this woman after sex, but as rape excusers love to remind us, the prosecution's statement of fact cannot be taken as proven fact. We cannot know if this crime was payback for something more serious than not calling.
Whatever that original action was, it was not a valid justification for this crime. The same is true for rape. Nothing the victim has done is a valid justification.
If those who describe sexual assaults and non-sexual assaults as mistakes or acts of poor judgment are trying to communicate that non-monsters can commit undeniably serious criminal actions then their framing is failing to get their desired message out there.
This framing instead turns those crimes committed by non-monsters into no big deal because of who committed those crimes. That does nothing to uphold our justice system and it does nothing to help prevent future crimes.
Those who commit the same crimes but who are not described so generously because they have less stellar reputations or backgrounds or defense teams may incorrectly feel when they get a just sentence for their crimes that they are being treated unjustly. That contributes to criminals feeling resentful and victimized. Again that does nothing to uphold our justice system and it does nothing to help prevent future crimes.