Cross Dressing Aspie Spared Jail over speeding Death

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ShadesOfMe
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02 Sep 2010, 8:53 am

http://www.heraldsun.com.au/news/cross- ... 5913276763

Warning: Judge calls Asperger's a disease

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A DRIVER who killed his teenage girlfriend of two weeks in a high-speed smash was spared jail today because he is a cross-dresser with man boobs.

Judge Marilyn Harbison told Jayke Baldwin she would not lock him up because she was not satisfied prison authorities could protect him from bullying from other inmates.

She said Baldwin, 21, wanted to be a woman and assumed the characteristics of people in a fantasy world and because of his unusual personality she would wholly suspend a three-year jail term.

"The prison environment would weigh very much more heavily on a person of your condition,'' the judge said.

Baldwin was at least 30km/h over the 50km speed limit when he skidded on a dirt road at Seville East and hit a tree.

Melissa Neylon, 18, who was in the front seat, was thrown clear from the car with the seatbelt round her neck and the car landed on top of her.



Pseudeos
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02 Sep 2010, 9:06 am

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Judge Marilyn Harbison told Jayke Baldwin she would not lock him up because she was not satisfied prison authorities could protect him from bullying from other inmates.

I think that is a bad reason to not put him in jail, though I guess it's not like he intentionally killed his girlfriend. If he had, I would hope that the judge would send him to jail and not let him get away with it.


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ShadesOfMe
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02 Sep 2010, 9:16 am

Yes. She also said it was because he was a cross dresser. They could put him in a womans prison, maybe?



Todesking
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02 Sep 2010, 10:08 am

This person killed someone and needs to be behind bars. You can lock someone down 23 hours a day or keep them in segragation.

Pseudeos wrote:
I think that is a bad reason to not put him in jail, though I guess it's not like he intentionally killed his girlfriend. If he had, I would hope that the judge would send him to jail and not let him get away with it.


They lock up tranvestites and transexuals all the time its his living in a fantasy world thats keeping him out I bet.

ShadesOfMe wrote:
Yes. She also said it was because he was a cross dresser. They could put him in a womans prison, maybe?


He is still a man and had a girlfriend you cannot put him in a woman's prison. If he had the correction operation had been reassigned femal genitals then yes but not if he still has a pee pee and a liking for the ladies.


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02 Sep 2010, 12:20 pm

Todesking wrote:
This person killed someone and needs to be behind bars. You can lock someone down 23 hours a day or keep them in segragation.

Pseudeos wrote:
I think that is a bad reason to not put him in jail, though I guess it's not like he intentionally killed his girlfriend. If he had, I would hope that the judge would send him to jail and not let him get away with it.


They lock up tranvestites and transexuals all the time its his living in a fantasy world thats keeping him out I bet.

ShadesOfMe wrote:
Yes. She also said it was because he was a cross dresser. They could put him in a womans prison, maybe?


He is still a man and had a girlfriend you cannot put him in a woman's prison. If he had the correction operation had been reassigned femal genitals then yes but not if he still has a pee pee and a liking for the ladies.


Lets just be clear on this. He may have killed someone but it would seem that it was wholly accidental, speeding or not. This man is not a murderer. Crappy driver, idiot even, but no murderer. What purpose would incarceration serve? "Teaching him a lesson"? I suspect crushing your girlfiends head with a car is quite a lesson to learn. A driving ban might be more appropriate, with recompense for her family perhaps. Filling up prison spaces with stupid people is hardly a sensible use for a correctional facility. Locking them up in segregation for 23 hours a day would be unfair given the actual crime.

Some people need to get a sense of proportion.


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Todesking
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02 Sep 2010, 12:40 pm

Ok, he is not a murderer it was an accidental death then he should be brought up on man slaughter charges. I know I would be a crappy driver so I do not drive so I know no one is hurt or killed by my bad driving. If I did drive recklessly and caused someones death I would expect ,manslaughter charges to be brought up. If someone killed a friend or family member of mine by speeding, texting, drunk driving, or falling asleep at the wheel I would want to see them punished for their wreckless driving at leat get five years in prison. They knew what they were doing was wrong and they still did it.

Its not like someone walked out in front of him or that the accident was unavoidable he made the choice to speed and drive wrecklessly. Therefore he is responsible for the person's death and should do the three years.


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02 Sep 2010, 1:04 pm

How the hell can they tell he's a cross-dresser if he's wearing a prisoner's uniform?

I don't usually say this, but what a bunch of PC crap! He killed someone and he's getting off scot free because, boo hoo, he might not like prison. Did the judge give him community service and take away his licence at least???



TeaEarlGreyHot
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02 Sep 2010, 1:23 pm

I'm on the fence with this one. I don't think being bullied is a good enough reason to not put someone in jail, but I'm not so sure he should be punished with jail time for this, either.


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Ah_Q
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02 Sep 2010, 1:48 pm

The judge made the right decision. This man would be abused and raped in prison, without question. I cannot believe there are people on this thread so dense that they think being raped and abused on a daily basis for three years is an appropriate penalty for involuntary manslaughter.

Also, did a professional journalist actually use the term "man boobs" in a published article?


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JasonGone
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02 Sep 2010, 2:23 pm

there is absolutely no reason this person should not be sitting in prison... especially when they plead guilty. everyone that goes to prison is at risk for bullying, attacks, shanking and rape... the place is full of criminals! considering that a large number of them are convicted to hard prison time for crimes that do not even involve a victim! i find it frightening that anyone would be so dense as to think someone doesn't deserve prison time for killing someone just because he likes to wear dresses. that is ridiculous.


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02 Sep 2010, 2:42 pm

You do the crime, you pay the time.


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ChekaMan
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02 Sep 2010, 2:43 pm

Granted, yes, he didn't murder her, but he did kill her. I'm not saying, put him in with someone who will shank him or rape him 24/7, but he deserves locking up in solitary confinement, or with another imnate of his kind. He deserves prison. I have Asperger's Syndrome myself, btw.



Ah_Q
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02 Sep 2010, 3:19 pm

Quote:
everyone that goes to prison is at risk for bullying, attacks, shanking and rape... the place is full of criminals! considering that a large number of them are convicted to hard prison time for crimes that do not even involve a victim!

Well, you're right about that.


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Apple_in_my_Eye
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02 Sep 2010, 5:42 pm

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Judge Harbison said Baldwin had been cross-dressing since he was 15 and he had said he wanted to eventually undergo a sex change and live in a same-sex relationship.

Psychologists diagnosed him with a gender identity disorder and made a provisional diagnosis of Asperger's Disease.


Ok the media predictably f's up on this subject again:

1) The person is transgender, aiming for transsexual, not a cross dresser.

2) the "man boobs" are probably the result of hormone therapy. If the person is young (as this person is) they may be completely passably female looking except for genitalia. The article gives the impression of a fat man in a dress, but the reality may be someone who looks like a normal 21 year old woman.

3) female-to-male transsexuals (especially those who are passable) are routine raped when locked up in jail with men. In one case a warden advised a prisoner that they should consider suicide because the raping would be endless (and that nothing would be done about it). There was another case recently where a non-trans woman was accidentally assumed to be a transsexual and was locked up with men and raped.

In some places there are special jails for people who are likely to be targeted, such as very effeminate gay men and transsexuals. But not every place can afford that.

The person committed a crime, but not one with a rape or death penalty. And to think that they won't be targeted much more than the common male prisoner is ludicrous.

I don't know why they can't send them off to another county or wherever which has facilities for targeted people. And sometimes people are moved to solitary for the duration of their sentence if they're at risk. I wonder if their local prison has had a problem lately, like a transsexual getting targeted and killed.

Anyway, that article goes to show it's best to be a normal person in the world, because otherwise you can't even get a simple newspaper article written than isn't designed to f*** you over.



Ah_Q
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02 Sep 2010, 7:24 pm

Thank you Apple_in_my_Eye for providing some clarity on this issue.

Quote:
1) The person is transgender, aiming for transsexual, not a cross dresser.

Yes, that is the impression I got from this very poorly written article as well. I repeat, who uses the term "man boobs" in a published article and what kind of journal lets that kind of thing pass? Very poor journalistic standards.

Quote:
3) female-to-male transsexuals (especially those who are passable) are routine raped when locked up in jail with men. In one case a warden advised a prisoner that they should consider suicide because the raping would be endless (and that nothing would be done about it). There was another case recently where a non-trans woman was accidentally assumed to be a transsexual and was locked up with men and raped.

I think you probably meant male-to-female but that's ok. It's not like we're publishing a professional news journal here or anything. I would ask people to consider if this were a cis-gender women facing time in a male prison. It would clearly be a case of cruel and unusual punishment, there would not even be any debate. How is this case any different except for the fact that the offender was born male?

Quote:
I don't know why they can't send them off to another county or wherever which has facilities for targeted people. And sometimes people are moved to solitary for the duration of their sentence if they're at risk. I wonder if their local prison has had a problem lately, like a transsexual getting targeted and killed.

It's really not all that unusual for judges to give suspended sentences in cases of involuntary manslaughter, especially when there is no record of prior convictions. This case only received so much attention because the offender in question was transgender.


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