# Bloke assaults woman on flight - now faces life in prison - is this excessive?

**URL:** <https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [August 19, 2018, 3:32pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872 "2018-08-19T15:32:46Z")\
**Posts on this page:** 20\
**Page:** 4

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [March 13, 2019, 5:44am UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/61 "2019-03-13T05:44:06Z")

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With what he told investigators I am very surprised he went to trial with it. It seems to me that he had zero shot at an acquittal.

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**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [March 13, 2019, 8:15am UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/62 "2019-03-13T08:15:04Z")

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> [@mandala](#):
>
> There is a perception among many men in India, reinforced by Hollywood, that young white women are loose and sexually promiscuous. So he probably imagined she would enjoy it. He also probably believed she would keep quiet, as abused women in India often do.

Most adults understand that movies are not reality. Although there are some adults who commit crimes then blame “Hollywood”.

> [@](#):
>
> If this had happened on an Indian train or bus, he would have earned a tight slap from the woman, or a public thrashing, depending on where in India. He might have been taken to police custody, but would be out on bail in no time. He misunderestimated how seriously sexual assault is taken in Western countries.

Yes, it sucks how when you travel to a foreign country you are subject to the laws of that country.

Apparently, he also misunderstood how likely a Western woman is to cry “rape”, and apparently he ignored the Miranda rights that were told to him when he was arrested (You know, the bit that starts “You have the right to remain silent…” and states that anything he says can and will be used against him in court)

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [March 13, 2019, 9:24am UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/63 "2019-03-13T09:24:00Z")

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^ You seem to be treating mandala’s comment as though it was an effort to _excuse_ the man’s conduct. It clearly wasn’t, it was offered as an _explanation_ of why the man may have acted so brazenly.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [March 13, 2019, 10:40am UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/65 "2019-03-13T10:40:39Z")

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reportado

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**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\
**Post date:** [March 13, 2019, 10:57am UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/66 "2019-03-13T10:57:01Z")

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> [@mandala](#):
>
> He misunderestimated how seriously sexual assault is taken in Western countries.

Damn right!

Who the hell does he think he is?

He’s not a swimmer nor a cardinal! He’s not even white!!!

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [March 13, 2019, 12:40pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/67 "2019-03-13T12:40:12Z")

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> [@Jewishist](#):
>
> Se la colpa e la punizione sono documentate, allora per tale violenza è necessario applicare misure severe in modo che gli altri non abbiano il desiderio di ripeterlo. Ogni abuso personale è un trauma per la vita. Lo stupratore vede la vittima soffrire. Ma potrebbe essere per desiderio reciproco?

Rough translation: “If the guilt and punishment are the document, then for such violence it is necessary to apply strict measures in order that the other non-Bian I wish to repeat it. Every personal abuse is a trauma to life. The rapist sees the victim suffer. But could it be for mutual desire?”

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**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [March 13, 2019, 12:44pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/68 "2019-03-13T12:44:25Z")

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What the fuck is that supposed to mean?

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**Author:** ![Two\_Many\_Cats](https://avatars.discourse-cdn.com/v4/letter/t/8dc957/32.png) [@Two\_Many\_Cats](https://boards.straightdope.com/u/Two_Many_Cats)\
**Post date:** [March 13, 2019, 12:51pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/69 "2019-03-13T12:51:13Z")

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> [@Czarcasm](#):
>
> Rough translation: “If the guilt and punishment are the document, then for such violence it is necessary to apply strict measures in order that the other non-Bian I wish to repeat it. Every personal abuse is a trauma to life. The rapist sees the victim suffer. But could it be for mutual desire?”

All your base belong to us, confefe.

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**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [March 13, 2019, 12:58pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/70 "2019-03-13T12:58:52Z")

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How babby formed? How girl get pregnant?

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**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\
**Post date:** [March 13, 2019, 2:33pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/71 "2019-03-13T14:33:46Z")

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If a man digitally penetrated another man while the latter was intoxicated and asleep, I wonder if people would say the former should get off? And I wonder how his wife would feel if a strange man did it to her.

Look, he committed sexual assault. Plain and simple. And then tried to blame the victim.

Nine years and deportation is not excessive.

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**Author:** ![WOOKINPANUB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wookinpanub/32/132_2.png) [@WOOKINPANUB](https://boards.straightdope.com/u/WOOKINPANUB)\
**Post date:** [March 13, 2019, 2:42pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/72 "2019-03-13T14:42:05Z")

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> [@hajario](#):
>
> This. He in no way realistically faces life in prison.

Triple ditto. Yes, life in prison would be complete overkill, even for a despicable prick such as he, but lucky for him that won’t happen.

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**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\
**Post date:** [March 13, 2019, 2:48pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/73 "2019-03-13T14:48:42Z")

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From the linked story:

> [@](#):
>
> \*\*The FBI, which investigates crimes on aircraft, has said sexual assault in the air has increased in recent years. There were 63 reports of sexual assault on flights last year, the agency said, up from 38 in 2014.
> 
> David Rodski, an FBI special agent assigned to investigate crimes out of Baltimore-Washington International Marshall Airport, said many incidents either go unreported or victims take time to alert authorities, The Washington Post’s Lynh Bui reported in June\*\*.

Really?! This is happening at 30,000 feet in an enclosed environment from which there is no escape in a situation where the perpetrator is completely surrounded by other passengers? I find that astounding.

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**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\
**Post date:** [March 13, 2019, 2:58pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/74 "2019-03-13T14:58:14Z")

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> [@Guinastasia](#):
>
> What the fuck is that supposed to mean?

According to our Italian Troll, “hey, maybe the sleeping woman was asking for it!”

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**Author:** ![Stuntman\_Mike](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stuntman_mike/32/334_2.png) [@Stuntman\_Mike](https://boards.straightdope.com/u/Stuntman_Mike)\
**Post date:** [March 13, 2019, 3:27pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/75 "2019-03-13T15:27:22Z")

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If I were king, he’d pray for life in prison.

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [March 13, 2019, 3:33pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/76 "2019-03-13T15:33:33Z")

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> [@Jasmine](#):
>
> From the linked story:
> 
> Really?! This is happening at 30,000 feet in an enclosed environment from which there is no escape in a situation where the perpetrator is completely surrounded by other passengers? I find that astounding.

Isn’t everything we learn about sexual crimes perpetrated similarly astounding? That Bill Cosby drugged and raped scores of women over five decades? That Clark Gable was a rapist?

When are we going to stop being astounded by what kinds of things people can or try to get away with when you give them some kind of privileged position in society?

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**Author:** ![chappachula](https://avatars.discourse-cdn.com/v4/letter/c/d2c977/32.png) [@chappachula](https://boards.straightdope.com/u/chappachula)\
**Post date:** [March 13, 2019, 7:02pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/77 "2019-03-13T19:02:45Z")

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I agree that the guy is a rapist and deserves his sentence.

But I have a question about the trial.  
The link says that the jury took 3 hours of deliberating , and that the trial lasted a full five days.  
How did that happen?

(Yeah, I know…a trial is public, so there must be a transcript available somewhere. But even if I knew where to find it, I don’t think I want to read 5 days of legalese. Can somebody summarize it for me?)  
The crime is one simple act—that he inserted his fingers into her.  
I assume that the only evidence in this case are her word against his. Her claim is quite believable, and he apparently confessed to the police that he did it.  
So if the facts are not in dispute, what did the lawyers talk about for five days?.

The link says that the defense lawyer tried to claim that the Indian guy did not understand American law. He thought he would be tortured by the police if he didn’t confess, using as evidence a certain Bollywood movie about the police in India. That seems to be like a pretty weird issue for an American courtroom to be considering,since the police had told him his Miranda rights. But even so–how does this trial last 5 days, and what issues were serious enough that the jury had to deliberate for hours?

I ain’t no lawyer, but isn’t a jury just supposed to decide issues of fact? And the facts here were not in dispute. Aren’t theoretical issues (–about whether a suspect’s statements to police are admissible in court) decided by the judge in chambers, not presented to the jury in court?

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**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\
**Post date:** [March 13, 2019, 7:13pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/78 "2019-03-13T19:13:36Z")

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not that long ago in some states rape could get you the death penalty. And people were executed for rapes. Now the death penalty is pretty much restricted to murder.

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**Author:** ![Folacin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folacin/32/3195_2.png) [@Folacin](https://boards.straightdope.com/u/Folacin)\
**Post date:** [March 13, 2019, 7:31pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/79 "2019-03-13T19:31:16Z")

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> [@chappachula](#):
>
> The link says that the defense lawyer tried to claim that the Indian guy did not understand American law. He thought he would be tortured by the police if he didn’t confess, using as evidence a certain Bollywood movie about the police in India. That seems to be like a pretty weird issue for an American courtroom to be considering,since the police had told him his Miranda rights. But even so–how does this trial last 5 days, and what issues were serious enough that the jury had to deliberate for hours?

I imagine that the lawyer was disputing that he understood his Miranda rights. I think it is part of the standard spiel (“Do you understand these rights as I have explained them to you?” or words to that affect), but if for instance his English was poor, then perhaps he agreed without understanding. That is something I imagine that the judge would consider.

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**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\
**Post date:** [March 13, 2019, 7:38pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/80 "2019-03-13T19:38:37Z")

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> [@chappachula](#):
>
> The crime is one simple act—that he inserted his fingers into her.  
> I assume that the only evidence in this case are her word against his. Her claim is quite believable, and he apparently confessed to the police that he did it.  
> So if the facts are not in dispute, what did the lawyers talk about for five days?.

He didn’t plead guilty - and that means the prosecution has to prove everything . From what he did with his fingers to whether she consented. And the prosecution has to put its entire case on - if they have only the victim testify, and he’s acquitted, they don’t get a do-over where the flight attendants and the police/FBI agents now testify. So at a minimum, figure the victim, at least one flight attendant and at least one police officer/ FBI agent. The defendant may not have testified, but I’m sure his wife did, and someone testified about that Bollywood movie .

And five days does not necessarily mean five 8 hour days. It’s not uncommon for a court to perform “housekeeping” on other matters before or after taking testimony in a trial , or for a trial to end early Monday because the next witness is not available until Tuesday.

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<div class="post-metadata">

**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [March 13, 2019, 8:15pm UTC](https://boards.straightdope.com/t/bloke-assaults-woman-on-flight-now-faces-life-in-prison-is-this-excessive/819872/81 "2019-03-13T20:15:48Z")

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> [@Folacin](#):
>
> I imagine that the lawyer was disputing that he understood his Miranda rights. I think it is part of the standard spiel (“Do you understand these rights as I have explained them to you?” or words to that affect), but if for instance his English was poor, then perhaps he agreed without understanding. That is something I imagine that the judge would consider.

That’s all stuff that happens pre-trial. The statement is either allowed or not. The judge decides. The jury doesn’t get to decide if the statement was unconstitutional.

> [@doreen](#):
>
> He didn’t plead guilty - and that means the prosecution has to prove everything . From what he did with his fingers to whether she consented. And the prosecution has to put its entire case on - if they have only the victim testify, and he’s acquitted, they don’t get a do-over where the flight attendants and the police/FBI agents now testify. So at a minimum, figure the victim, at least one flight attendant and at least one police officer/ FBI agent. The defendant may not have testified, but I’m sure his wife did, and someone testified about that Bollywood movie .
> 
> And five days does not necessarily mean five 8 hour days. It’s not uncommon for a court to perform “housekeeping” on other matters before or after taking testimony in a trial , or for a trial to end early Monday because the next witness is not available until Tuesday.

That’s all valid. There is often a lot of dead space in between testimony.

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