If you’ll excuse me
edited to add:
I in no way hold this opinion of all defense attorneys. They are an integral part of the US justice system. Please do not misunderstand what I say below.
I’m about to have a bit of a rant.
The supreme court overturned mandatory death sentencing for child rape. While my personal feelings on this are particularly slanted, my rant has nothing to do with that decision.
It has every fucking thing, however, to do with this:
“I’m gonna rip them apart,” Fagan said of young victims during his testimony on the bill. “I’m going to make sure that the rest of their life is ruined, that when they’re 8 years old, they throw up; when they’re 12 years old, they won’t sleep; when they’re 19 years old, they’ll have nightmares and they’ll never have a relationship with anybody.”
Fagan said as a defense attorney it would be his duty to do that in order to keep his clients free from a “mandatory sentence of those draconian proportions.”
Rep Fagan of Massachusetts represents all that is wrong in our treatment of victims of sexual assault. To tear and rip and destroy those who have been already destroyed. To terrorize young children who have already been terrorized. This goes beyond innocent until proven guilty and into obliterate the victim to avoid sentencing.
Children are to be protected from society not “ripped into” not to be made to vomit and have nightmares and to never have relationships with anyone because the defense attorney disagreeing with the politics of sentence. This is willful fucking disregard of human life. Human lives that are placed in our hands to protect. In the hands of the law. Destroy the lives of children? Denigrate them, instead of protect?
What happened to using evidence to prove guilt? Evidence to substantiate innocence? Why must the victim be further traumatized? Why does the defense attorney’s opinion of the law give him permission to destroy the lives of CHILDREN?
Tell me, Mr Fagan at 17 when I was raped, when I was violated with a knife, would you have ripped into me? Like my rapist did? Would you destroy my life further than he did? Would you give me more nightmares than he did? Make me throw up more than he did? Because you disagree with the very law you are charged with upholding? It is you, people like you, and the heartless, self centered inhumane pious bullshit that caused me to live with my shame, alone. It is because of you that millions of people like me never brave to report their assaults. It is your FAILURE to use evidence and your despicable tactics which slander and decimate the victim which keep those of us who need your protection from seeking it.
I was a baby. I’d never even had sex when I was brutalized. Make no mistake, I was brutalized. People don’t survive what I survived. People don’t just get over what I lived through. To learn to love, to trust to be whole again. Had I been further “ripped into” by you, I would be dead. I would be dead and perhaps the monster who raped me would still be alive. Let the deaths of all of those children that you of your ilk ruin lay heavy on your disgusting head. May their nightmares be yours. Shame on you, Mr Fagan. Shame on you.
June 25th, 2008 at 10:27 pm
I hear you. And weep. You are a warrior woman on this post. And heard.
June 25th, 2008 at 10:36 pm
Hi, this is the first time I am ever going to play a minion, but, I have to defend a dear family member that is a criminal defense attorney. She is put into those types of situations and I have heard about it. It is the reality of her job. You could say that she can choose a different job, but our system needs to other side to do what they need to do to keep the system going. Mandatory Death Sentences are serious things, as is rape. It is hard on both sides and we often see the defense as evil money lovers, but at some point, the system needs them.
Sorry.
June 25th, 2008 at 10:39 pm
Hi, I couldn’t disagree with you more. Destroying a child is never a reality of someone’s job. It’s a conscious choice.
Sorry.
June 25th, 2008 at 11:10 pm
I’m too tired to form a coherent reply. That statement made me feel sick to my stomach.
I didn’t realize our circumstances were so similar either. *Hugs*
June 25th, 2008 at 11:21 pm
I’m with Kate. Those words made me nauseous. No matter his job, those words reveal a true inner character, not just a job description.
June 26th, 2008 at 1:00 am
Ugh. What a filthy slimeball.
The thing that makes me the angriest is this: the way he said what he said makes me almost certain that he sees it all as a game, that he dehumanizes the act and the victims so that he can stay emotionally uninvolved with the reality of what rape is. So that he can continue to play “Debate Club” with something this huge, this serious, this horrific. So that he can WIN.
Oh, well done, sir. You win. Neat for you. Now go to a victim of child rape and explain it to them, won’t you? How you won? And what that means to them?
Filth.
June 26th, 2008 at 1:01 am
The constitution provides merely for a competent defense of the defendant’s rights, it does not create excuses for the unethical actions of defense attorneys. Many defense attorneys are like Mr. Fagan, they go beyond the requirements and provisions of the constitution in defense of their clients. Placing the victim on trial should not be the objective or the intent of a competent defense. The facts and the defendant are what should be tried in a court of law, not the victim.
Rapists are provided with a competent defense under the constitution, there is however absolutely no guarantee or requirement that the victim is to be savaged or placed on trial. Rapists and other violent criminals have ridiculous piles of case law and rights as in place to protect them, victims have no such rights that are in place to protect them. Savaging victims is not the skillful practice of law.
It also needs to be stated that opposition to mandatory sentencing measures for rapists is ridiculous. The idea that sex offenders can be successfully rehabilitated back into society is a fairy tale, study after study tells otherwise.
June 26th, 2008 at 3:14 am
Anyone who would want to destroy children, for any reason, is criminal. But children who have already been destroyed? That is child abuse, pure and simple. Any lawyer who believes, who says such a thing should be instantaneously debarred. It is barbaric that someone like this should be allowed to practise law.
June 26th, 2008 at 3:16 am
Disbarred, I should say.
June 26th, 2008 at 3:24 am
I’ve just read the newspaper stories about this and from what I can gather the ‘draconian’ sentence he is referring to is a mandatory 10-15 years in prison, not death. Before I thought that maybe he was a man who was trying to prevent the death penalty being carried out, albeit in a disgusting way. But no, he is a man who is trying to prevent rapists serving 15 bloody years in prison. FIFTEEN years. What is fifteen years compared to the death sentence that child rape is to a victim? Bloody hell. I am revolted, entirely.
June 26th, 2008 at 3:53 am
i was sickened when i read the NY Times, just ready to puke. i wonder if that defense attorney would feel the same way if it was HIS child, grandchild or family member up on the stand.
June 26th, 2008 at 4:30 am
Yikes…you’ve got all the appropriate outrage and have worded it so succinctly. I have nothing to add except ‘Amen, sister’.
June 26th, 2008 at 4:46 am
I think it’s time for me to write this mofo a scathing letter.
Who will join me?
June 26th, 2008 at 5:00 am
He needs to be buried under a pile of angry mail, and haunted for the rest of his life by the horrifying words he so cavalierly puked out of his mouth. What an absolute piece of crap.
June 26th, 2008 at 5:10 am
SERIOUSLY what is wrong with people? I don’t care what his job is, his words indicate a far bigger psychological problem within himself. Destroying children because some slimeball “shouldn’t” spend 15 years in jail for committing a heinous crime? WTF?
June 26th, 2008 at 5:43 am
I completely understand your feelings, both in this post and in the statement you edited to add. And I support what you are saying 100%.
Thank you, Flutter, for speaking up. For being a loud, clear voice when so many voices who have been what you have been through stay silent. My closest, dearest friend’s life was ripped apart by someone who chose to violate her weekly for twelve years. It is so hard to stand up and speak out about this, but you’re doing it – and so did my friend. I applaud you.
June 26th, 2008 at 5:56 am
amen.
i was horrified to hear this. only one justice — alito, i think? — held firm to the belief that the rape of a child is equivalent (in heinousness) to murder and is thereby (theoretically, depending on the state) punishable by death.
(not that i support capital punishment, mind you. but one ought to be consistent.)
June 26th, 2008 at 5:58 am
and sick+tired is correct. time and again, it’s been shown that sex offenders cannot be rehabilitated. believe me, therapists have tried EVERYTHING — and then some.
June 26th, 2008 at 6:18 am
Hear, hear! If I knew how to get you a perfect post award, this would be it.
June 26th, 2008 at 6:21 am
Yeah this news made me sick. You should send this rant to that dickhead.
June 26th, 2008 at 6:32 am
My mother was raped as a child.
She never recovered.
I have more personal feelings about this ruling that you can possibly imagine. I am standing and applauding you.
June 26th, 2008 at 6:48 am
Just as it’s the defense attorney’s “Job”, so is the judge’s “job” to punish these bastards. The defendant has caused the death of a part of that child or children – he should get the same.
Your post is wonderful, even if it comes from such a dark place for you.
June 26th, 2008 at 7:28 am
I am in awe of your rightful fury, and your courage in talking about what happened to you. I don’t care what’s “legally” or “technically” right or wrong. I hope your rapist rots in hell. And that Fagan is not far behind.
June 26th, 2008 at 7:37 am
That is un-freakin-believable. Let’s just hope his job is ripped from him when the next election rolls around.
June 26th, 2008 at 7:39 am
You know, when I read that quote, I thought Fagan WAS the sexual predator. It is the exact same sentiment and equally disgusting.
I totally agree with you.
June 26th, 2008 at 7:49 am
I agree with Kayla – I thought at first he was the rapist. It’s despicable.
Great post.
June 26th, 2008 at 7:52 am
I had to do the same double take: I thought Fagan was a sexual predator too.
I had to read it again and again because I couldn’t believe it.
I’m so disgusted. And I herald you Flutter, again, for taking him to task.
Shameful, shameful, shameful. How does he sleep at night?
June 26th, 2008 at 8:32 am
yeah. he sounds as passionate about the delivery of rape as a rapist. special place in hell, i say.
June 26th, 2008 at 8:56 am
How repugnant. Not only are his words heinous but they seem so politically non-astute. How can he manage a career when he lets himself utter such atrocious sentiments? But that the thing, right? He doesn’t want a career; he wants to be one of those notorious, famous defendants and not a man fighting for justice by providing balance to the scales. That style of careerism is utterly deplorable.
June 26th, 2008 at 9:11 am
oh my god.
June 26th, 2008 at 9:12 am
OH MY FUCKING GOD.
June 26th, 2008 at 9:38 am
My mouth actually hung open in disbelief when i heard this news on the radio.
I just don’t know what to say to this madness.
June 26th, 2008 at 9:39 am
people have no idea.
none.
June 26th, 2008 at 10:23 am
Wow – well said Flutter.
I am endlessly amazed at the lack of care people seem to have for each other in this world. I applaud you for standing up to this piece of excrement.
June 26th, 2008 at 10:34 am
so well said, Flutter.
thanks for saying it.
June 26th, 2008 at 11:38 am
what
the
fuck.
stupid ass bastard.
June 26th, 2008 at 12:51 pm
I agree with what slouching mom said regarding rape (whether it be of a child or a grown woman). It should be considered as one would consider a murder; because the rapist has effectively ended that life as the victim knew it.
I struggle with the death penalty, not because I don’t think rabid monsters shouldn’t be put down, because I most certainly do. But because of the rank injustice and abuse found within our system, on both sides of the bench. It should be no light undertaking, putting someone to death, but unfortunately under the current system, with the guilty so go the innocent. That frightens me.
This “man” however? And I use the term losely. He is detestible, slimy, and everything that is wrong with this world. That he would sacrifice a child to win his case (which is obviously all he cares to do) places him in the same catagory as the rabid monsters I spoke of above.
Bravo Flutter, for speaking your mind and honoring your spirit, as well as the spirit of every othe survivor out there.
June 26th, 2008 at 1:28 pm
He is disgusting, while you are so very brave. I hadn’t heard about his remarks until I read this, thank you for that.
June 26th, 2008 at 1:34 pm
I’m just gonna drive north and stone that guy to death in the street.
June 26th, 2008 at 1:37 pm
here’s his email, people
Rep.JamesFagan@hou.state.ma.us
June 26th, 2008 at 2:00 pm
i’m a lawyer, although i made a conscious decision early on to avoid criminal defense work, and case involving children generally. but the main thing about being a lawyer is you have a profession and you have to behave like a professional. and to attempt to destroy a witness in the way that this character describes does not (in the uk at least) do your client any favours whatsoever, never mind making you no better than your client.
how the hell does he sleep at night? does he have children?
June 26th, 2008 at 2:13 pm
I, like others, thought he was speaking as a rapist. Methinks someone is identifying a bit too closely with his psycho clients. Sick.
June 26th, 2008 at 2:25 pm
My jaw is so far on the floor, I’ll have to have it professionally repaired. That man and anyone who thinks like him should be executed!
June 26th, 2008 at 4:07 pm
How gut-wrenchingly awful for a victim to read something like that, let alone anyone else who hasn’t experienced abuse. I’m so sorry, Flutter. I am breaking that guy’s kneecaps in my imagination. Kneecaps!!!
When I first started reading I thought there must be a mistake, because who would say something like that? Other than a rapist himself?
June 26th, 2008 at 4:37 pm
I cannot believe that he would say something like that. I’m in utter shock & really don’t know what to say other than what you & the people above my comment have said in regards to his statement.
Here’s a couple of interesting ‘fun’ facts, though: He serves on the House Committee on Ethics. He’s a Chair (the Chair? I don’t know how many there are). He’s also Board of Director at the Taunton Boys & Girls Club, and is a part of the Taunton Little League; Taunton Youth Basketball (as a Coach), is a High School Umpire, and is past Chariman of Southeastern New England Area Boys’ Clubs of America.
Now, I don’t live in Massachusetts, but you can bet your ass that if I did, I would be writing to everyone that I could find demanding that he be removed or barred from whatever part he plays in each of those organizations. I’ll probably end up doing it anyway just because I’m sure the more mail that is received on his speech, the bigger the impact will be on him professionally.
I found all of the above information here:
http://www.mass.gov/legis/member/jhf1.htm
June 26th, 2008 at 4:41 pm
Oh what a royal ass. I am speechless with sadness.
June 26th, 2008 at 5:11 pm
I don’t even know what to say about this…only that I am scared that people like that are considered “professionals” or are respected in their fields…and this man serves with the Boys and Girls club and various other children’s organizations? Is it safe for him to be around children at all after that statement? I only hope that he is forced to live through the pain of those words someday…look out for Karma buddy.
June 26th, 2008 at 5:31 pm
I was at the gym when I heard about this. I seemed to b the only person who heard it. But I did not know about theis Fagan person. At first I thought you were referencing Oliver Twist.
Anyhow. I have very skewed ideas about what I think should happen to people who rape children.
Personally, I would like to see them released int o the general prison population. Internal prison justice on that like is brutal.
June 26th, 2008 at 5:57 pm
i have no words. just utter sadness and shock.
June 26th, 2008 at 8:51 pm
I want to say something but there is nothing I can say that will make you feel better or take away the pain of having to listening to thoughtless, heartless, soulless trolls rant in the media.
June 27th, 2008 at 12:52 am
Sickening.
June 27th, 2008 at 2:10 am
Like Kyla, I thought Fagan was the offender. In a way, I was right.
June 27th, 2008 at 8:01 am
How does someone like Fagan sleep at night? Yes, defense attorneys are an integral part of the US Justice System, but where the the justice, compassion, and just plain decency in his statement?
June 27th, 2008 at 11:25 am
exactly what Kyla said.
June 27th, 2008 at 11:49 am
Wow. I hadn’t heard about this… I know they exist, but I can’t believe there are people out there like this.
I know there is a need in our justice system for defense attorneys, but there is no need for one like that. To victimize a victim just to help the criminal you’re defending? Un fucking believable.
Like Kelly said, I don’t know how he sleeps at night. And I hope to god he doesn’t have a daughter. Or a son for that matter.
Christ.
June 27th, 2008 at 12:59 pm
What Kyla said: I thought the guy you quoted was a predator.
His words made me feel like throwing up.
June 27th, 2008 at 1:16 pm
I am e-mailing him immediately to let him know exactly what I think of him.
And you? You are my hero.
June 28th, 2008 at 9:18 am
I strongly believe that death sentences SHOULD be mandatory for child rapists and pedophiles should receive life sentences with no chance of parole. It is our responsibility as a society to protect those who cannot protect themselves from people who are either too sick or too evil to be rehabilitated.
As to Fagen’s comments…..why he was not thrown out and vilified by his colleauges or the press is beyond understanding. It is one thing to defend a client, it is inexcusable to do so at the expense of the victim who has already suffered beyond measure. I’m sure there is a special room in hell right next to some of his clients.
June 28th, 2008 at 12:19 pm
I don’t even know what to say.
June 28th, 2008 at 7:44 pm
it’s so appalling. great post, flutter.
June 29th, 2008 at 12:31 am
Thank you Flutter, for doing the hard work of healing, and sharing it with the blogosphere, and now for writing about this soulless piece of human garbage. Yeah, let’s further damage kids who have had their psyche’s shattered to keep up payments on the Lexus.
Fucking asshole.
June 29th, 2008 at 3:35 pm
late to this, but flabbergasted.
i agree with Kyla and the pp’s…Fagan is talking the discourse of the predator, is heaping insult on injury to such a ridiculous extent that i cannot believe the rest of his profession hasn’t disowned him.
great post, Christine. brave post.
June 30th, 2008 at 10:48 am
I thought the same as one of the previous posters, that Fagan was a predator himself. Actually, in a way, he is, I suppose, to say he would further traumatize a young victim. Thing is, most juries recoil from such tactics. It would seem more likely that Fagan’s method would have the opposite effect.
July 1st, 2008 at 10:25 pm
Whoa!!! This is all news to me!
That mother f’er represents the skum of the earth! He is already rotting. He is a dead man walking.
July 2nd, 2008 at 8:45 pm
[...] If You’ll Excuse Me – Flutter [...]
July 3rd, 2008 at 11:26 pm
You are an amazing person! There aren’t enough words to make anyone feel better about such horrible, vile people. It makes me sad.
July 5th, 2008 at 11:14 am
I haven’t heard anything of this over here at all… I am the same as a few others. At first when I started to read, I couldn’t identify whose quote it was. It seemed to be the criminal’s as others have said but didn’t make sense. When I realised it was the lawyer… I struggled to understand in what context he could possibly mean it, for a second. When I realised *that*… I just sat and stared at the screen … almost not daring to re read the post.
I just don’t understand how this person has not been outed for this statement? How is he not in the media being quoted and shouted down? Why is he not being stared at and pointed at in the street? How is he still involved with these childrens’ clubs? Why is he not in a do-or-die meeting with his superiors being told to retract, apologise or disappear?
I just don’t understand. My heart is aching for the poor, poor babies that may come up against this monster.