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Illinois judge vacates own judgment to avoid imprisoning accused rapist, blames victim and parents

Morrison71

HR Legend
Nov 10, 2006
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An Illinois judge has come under fire after he withdrew an 18-year-old man's guilty conviction in a sexual assault case, saying the 148 days the man spent in jail was sufficient punishment for the alleged crime against a 16-year-old girl.

In a move that stunned the prosecution, at the sentencing hearing last week, Adams County Judge Robert Adrian overturned his decision finding Drew Clinton guilty of one count of criminal sexual assault to avoid sending the teenager to prison for the minimum of four years.

Eliciting criticism from victims' advocates and shocking the 16-year-old and her parents, Adrian sided with Clinton's attorneys, who argued that the 18-year-old should not be sent to prison because of his age, educational abilities and lack of a criminal record. The judge said Clinton had already endured "plenty of punishment."
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The district attorney said the decision was a blow to the victim's healing, but the judge said the prosecution failed to prove beyond a reasonable doubt that the girl, Cameron Vaughan, had not given consent. He also blamed adults for providing alcohol to the teenagers at a party the night of the alleged attack.

"This is what's happened when parents do not exercise their parental responsibilities," Adrian said, according to hearing transcripts obtained by The Washington Post. "When we have people, adults, having parties for teenagers, and they allow co-eds and female people to swim in their underwear in their swimming pool."
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Adrian reversed his decision following a pair of post-trial motions by Clinton's attorney, explaining that the only way to circumvent the mandatory sentence was to overturn his previous verdict — which fueled a wave of ire against him.
A judge in western Illinois who sparked outrage when he threw out the sexual assault conviction of an 18-year-old man, saying the 148 days the man spent in jail was punishment enough, is no longer presiding over a criminal court docket.

An administrative order filed Thursday by Chief Judge Frank McCartney of the Eighth Judicial Circuit assigned Adams County Judge Robert Adrian to small claims, legal matters and probate dockets and other civil cases, effective immediately, the (Quincy) Herald-Whig reported.
 
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