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In reply to the discussion: Judge Calls 18-Year-Old a ‘B****.’ But She’s Only Trying to Help… [View all]Calista241
(5,633 posts)If that were the case, you could arrest everyone who ever worked in law enforcement, and countless others who were tangentially involved, like Eric Holder and other politicians.
Judges generally have wide discretion in pronouncing sentences, and one of those sentences is prison.
As long as the prison system makes a good faith effort to protect prisoners from rape, then nobody is guilty of anything. In other words, if the guards have a regular patrol or staff in place to observe prisoners to ensure their safety, then that's a good faith effort. If they've ever stopped a rape, or punished a prisoner for the raping of another, then they're even more in the clear.
All the judge would ever have to say if by some miracle they were questioned about this is that she was trying to deter the young man from committing future crime, and she trusted that the prison system would do their best to insure the inmate's safety.