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Bizarre: Gender Bending leads to Prison

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AlanBarr
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England
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#21 | Posted: 20 Nov 2015 15:52
Februs:
There seem to be 2 petitions which can be found here and here...

I've just signed both of them. There don't seem to be all that many supporters as yet.

Bogiephil1
Male Author

USA
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#22 | Posted: 20 Nov 2015 15:52
BashfulBob:
There is actually quite a lot of information on this case: just Google (Gayle Newman). The more I read, the more convinced I am that there has been a massive miscarriage of justice. The real issue is not whether the length of the sentence is unjustified, but whether there was actually a crime committed at all. It sounds to me more like a clandestine Lesbian relationship that went wrong when Gayle said she wanted to come out, causing her erstwhile lover to freak out and instigate accusations that depend upon what to me sounds like a completely implausible story. There is a very interesting transcript of court proceedings online at the Journal.ie. There is also a support site on Facebook. I am told there is also a petition being organised by 3 British MPs calling for an urgent review, although I don't know where one can sign this.

I based my reply on the original link in the first post. It was quite short and not a lot of information was given so I assumed that that was all there was. I had no particular reason to research the case. I still don't and am happy to take your word for it regarding the details. From the original story, I too, was of the opinion that eight years in prison was vastly excessive but was hesitant to commit to that point of view in the absence of additional facts. Of course there are probably idiosyncracies in British law that I'm unfamiliar with (probably Irish laws too). US laws differ quite a bit in a lot of ways from European and even Canadian laws, so maybe the sentence is justified under some obscure regulation or legal principle. Probably not though. Good luck getting it sorted out.

For the record, though, I am of the belief that prison should be reserved for dangerous or violent people who are a threat to the public. There could be some lesser version of prison or incarceration for those who have committed serious, but non-violent crimes (major financial swindles, for example or other thefts of property or money) that would minimize exposure to gangs, intimidation, forcible sodomy, etc., that are a feature of most prison environments while still punishing the criminals. For all that, I still don't know if the perpetrator of this particular crime fits the description of "a threat to public safety". It strikes me she likely doesn't.

BashfulBob
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Ireland
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#23 | Posted: 21 Nov 2015 11:34
Bogiephil1:
There could be some lesser version of prison or incarceration for those who have committed serious, but non-violent crimes (major financial swindles, for example or other thefts of property or money) that would minimize exposure to gangs, intimidation, forcible sodomy, etc., that are a feature of most prison environments while still punishing the criminals.

You obviously have no future as a legislator Bogiephil - this makes far too much sense!

Thanks to Februs for the correction, it is 'Gayle Newland' one should Google, although I would still recommend http://www.thejournal.ie/fake-penis-gayle-newland-2322396-Sep2015/ as a good starting place.

Bogiephil1
Male Author

USA
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#24 | Posted: 21 Nov 2015 17:13
BashfulBob:
You obviously have no future as a legislator Bogiephil - this makes far too much sense!

I believe politics these days has far too much resemblance to organized crime. Which I'm against, by the way...

blimp
Male Author

England
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#25 | Posted: 22 Nov 2015 17:51
Let us face it in a sane world it is the judge who would locked up for being an arsehole. I hope everyone here signs both petitions. Probably wont do any good but at least you can say you have tried!

Bogiephil1
Male Author

USA
Posts: 631
#26 | Posted: 23 Nov 2015 15:17
I'm pretty sure being an "arsehole" isn't against the law. Anywhere. If it was, half the population would be in prison and the other half would be paying all the taxes required to keep them there...

blimp
Male Author

England
Posts: 1366
#27 | Posted: 23 Nov 2015 18:55
Bogiephil1:
other half would be paying all the taxes required to keep them there...

You have a point but I think saying half the population are arseholes is taking a dim view of humanity. I did in any case say "a sane world" which of course our world is certainly not.

I have been self-employed for most of my life but I did notice from my early experiences as an employee that often the more stupid you were the higher you climbed. I suppose that is how a man like that ends up as a high court judge.

BashfulBob
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Ireland
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#28 | Posted: 24 Nov 2015 10:59
blimp:
I have been self-employed for most of my life but I did notice from my early experiences as an employee that often the more stupid you were the higher you climbed.

According to the Peter principle: "In a hierarchy, every employee tends to rise to their level of incompetence." However, why stop there? I think Blimp is correct: some people rise far beyond their level of incompetence. There is an old saying: "Those who can, do; those that can't, teach", to which a friend of mine who works in a teacher training college has added: "And those who can't teach, teach teachers".

Alef
Male Author

Norway
Posts: 1033
#29 | Posted: 24 Nov 2015 12:39
BashfulBob:
"And those who can't teach, teach teachers".

And I am at the moment head of a committee on how to teach teachers to teach.

RosieCheeks
Female Member

England
Posts: 293
#30 | Posted: 24 Nov 2015 17:34
The judge appears to have stuck rigidly to the sentence guidelines for the offences contrary to section 2 of the Sexual Offences Act 2003, so yes he did not use his ability to go outside these guidelines, but merely passed sentence based upon the minimum sentence within the guidelines.

So perhaps it is the Act, guidelines or actual criminal charge made by CPS that should be reviewed.

Both victim and perpetrator appear to have serious issues, and i can honestly say i feel sorrow for both. I am not condoning the perpetrators actions if they were as described, as she made immense efforts to deceive.

However for the 'victim' to agree for a relationship in the manner described re blindfolded, does raise big questions for me in relation to the consent issue.

What about deception to get sex regarding hiding fact you are transgender, hiding marital status, or falsely inflating your income/job status? These are all legal.

To sum up the judge had little options re sentence given, and in my opinion both ladies involved have issues they need help to overcome.

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