|FC in action (the man is not connected to the article)|
November 9th came and went without a sentence. The new expected date for that is January 15, 2016. The postponement is because Stubblefield
"...still has to be interviewed at the Adult Diagnostic and Treatment Center in Woodbridge, a facility for persistent sex offenders, according to [her lawyer, James] Patton. That interview will lead to a psychological report that is expected to address whether Stubblefield is a compulsive sex offender, Patton said. The report, which will be a factor in the sentencing, is mandated in New Jersey for anyone convicted of a sex offense." (Professor looks to overturn conviction for sex assault of disabled man, TrueJersey, Nov 8, 2015)Stubblefield's lawyer will ask Judge Siobhan Teare to sentence Stubblefield as a second-degree offender and impose an overall prison term of five years. The potential sentence for second-degree crimes is 5 to 10 years in prison.
In the meantime, Stubblefield has filed a motion to set aside the jury's guilty verdict and either grant her a judgment of acquittal or a new trial, court documents state.
Her attorney explained that the basis of that motion is "insufficient evidence" to prove Stubblefield knew or should have known her victim, D.J., was mentally defective to the point where he could not consent. Patton declined to elaborate on that argument.
My guess is her argument won't fly with the judge. The fact that the victim had been assessed to be functioning cognitively as a pre-schooler coupled with Stubblefield's own superior intelligence leaves her claim of innocent cluelessness ludicrous..
I've encountered a range of odd comments in Stubblefield's defense that include "She really believed that the messages were the victim's own and that he consented to sex" and "DJ wasn't harmed in any way" and "This was probably the only opportunity he'll ever have for a sexual encounter."
Of course, these are the same excuses used by many other rapists. Only when the victim has severe disabilities does the public dare posit them as valid rationalizations.
And regarding Facilitated Communication, the enabler of Stubblefied's crime, the resilient quackery that has survived endless scientific debunking, here is an excellent report on its "nine lives": "Facilitated Communication Is a Cult That Won’t Die" (Slate, November 12, 2015)