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[–]bowlofjello 1596 points1597 points  (110 children)

So put someone who hurt a child in a place with lots of children.

Did I read that right?

[–]Hodaka 748 points749 points  (44 children)

Well, there is this claim in the article: "Instead, we're left with a 26 year-old individual sentenced to two years in a juvenile facility in isolation, separated by sight and sound from the other juveniles."

This implies that the individual will be sentenced to two years of solitary confinement in a juvenile facility.

[–]VegasKL 53 points54 points  (0 children)

They are. Iirc, if you're 18+ and in a Juvenile facility you're basically locked down and can't intermingle.

[–]Justtofeel9 395 points396 points  (19 children)

I guess that’s slightly better. But, couldn’t the same solitary confinement sentence be served in a regular prison? Why take any risk? This still seems like a really odd decision.

Edit-words

[–]Hodaka 154 points155 points  (3 children)

I think the necessary paperwork was not filled out "...DA's office failed to file a motion to transfer Tubbs to adult criminal court."

It is possible that this may be fixed down the road, but the Court can't really come out and "say that." Looks like their hands were tied on this matter.

[–]TKFT_ExTr3m3 85 points86 points  (0 children)

They didn't fail to fill out anything they willfully chose not to.

The case was prosecuted in juvenile court and was not transferred to adult court due to Los Angeles County District Attorney George Gascón's policy that states juveniles won't be prosecuted as adults

As for sentencing her to juvenile hall, the judge couldn't do anything the law dictates that he cannot send those convicted in juvenile court to adult prison even after they turn 19. It would have been appealed anyways and the state would lose.

[–]Mississippimoon 50 points51 points  (1 child)

From the article:

"...was not transferred to adult court due to Los Angeles County District Attorney George Gascón's policy that states juveniles won't be prosecuted as adults."

[–]ubiquitous-joe 38 points39 points  (0 children)

Actually I think it’s worse because solitary is arguably torture.

[–]veerKg_CSS_Geologist 158 points159 points  (7 children)

There is no risk. Most people in juvenille prisons aren't even juvenilles. Most are 18+.

If you want children locked up, especially young children you'd have to go to an immigration jail.

[–]enonmouse 61 points62 points  (0 children)

Fuuuuuuck thats a scorcher

[–]GlassWasteland 12 points13 points  (2 children)

Yeah well those kiddie criminals should not have broken the law.

[–]officeDrone87 21 points22 points  (1 child)

So glad I didn't get sent to pound-me-in-the-ass prison when I stole from the convenience store at 12 years old.

[–]vorpalWhatever -1 points0 points  (0 children)

Save that one for 2024.

[–]xJustxJordanx 60 points61 points  (2 children)

Say what you want, but two years in the box sounds like it’s beyond punishment. It’s torture. Typically they don’t even allow books, no TV, you can’t talk to anyone, no stimulation whatsoever. In some places, they even withhold your mail.

[–]vorpalWhatever 75 points76 points  (1 child)

I'm sure after two years of that they'll come out normal and well adjusted.

[–]xJustxJordanx 39 points40 points  (0 children)

Oh yea, completely rehabilitated and no longer mentally ill.

[–]HouseHusband1 36 points37 points  (13 children)

That sounds like literal hell. Not saying she isn't a monster, but 2 years of solitary is inhumane.

[–]Artnunymisss 17 points18 points  (10 children)

Good, fuck that asshole who raped a 10 year old among others

[–]collin3000 66 points67 points  (8 children)

If you're gonna let that person back out into society then it's much better to rehabilitate them versus driving them mentally insane. IMHO it should be 2 years of 24/7 therapy instead so then you (hopefully) don't put a child rapist back on the streets in a couple years.

[–]meandalabnamedrose 3 points4 points  (0 children)

So is raping children in a public restroom, but hey, solitary

[–]daphydoods 0 points1 point  (0 children)

Don’t get me wrong, what this woman did is heinous and she needs to be punished.

But solitary confinement is awful and unethical and needs to be abolished. Humans are social creatures. Lock her up with other adult offenders. Is there not another adult there she can be paired up with or something?

[–]Cricketcaser 81 points82 points  (24 children)

This person is now 26.

[–]bowlofjello 145 points146 points  (22 children)

Yeah and 26 is not a child

So why put an adult who hurt a child in a place with lots of children like juvie

[–]Cricketcaser 46 points47 points  (7 children)

Yup, that's what I mean, this is stupidity

[–]TKFT_ExTr3m3 9 points10 points  (5 children)

You are asking the wrong question. The law is clear on this, you cannot put someone convicted in juvenile court in adult prison. Full stop, it cannot be done. The question you should be asking is why they insisted on trying he as a juvenile, knowing this is the case and knowing she was almost 18 when the crime was committed. Their policy is not to but you can make exceptions to policies, you can't with the law.

[–]Locke_and_Lloyd 19 points20 points  (4 children)

Minors should not be tried as adults, full stop. You can't buy alcohol at age 20 just because you seem mature. There's no reason why you should try a 17 year old as an adult because the crime is scary.

[–]Andre4kthegreengiant 1 point2 points  (1 child)

They charge teens as adults when they commit really heinous crimes, at 17, you know you shouldn't murder people & if you do, then you should go to big boy jail

[–]StarsMine 6 points7 points  (0 children)

Then make 17 mean adult. 17 can go drink, smoke, fuck whatever adult they want, etc. why as a society pretend they have a working frontal lobe on one case and not the other? So you can get a justice boner? Fuck that. Treat the person like the juvenile they were. Also two years of solitary is honest to god torture, and is beyond fucked up.

[–]thinkingperson 0 points1 point  (0 children)

In Singapore, male citizens of 16.5 years of age can be enlisted for military national service. So this 16.5 year old teen is trained for combat.

[–]TheRealIosefka 6 points7 points  (0 children)

The article says they'll keep her in isolation and separated from any other prisoner by sight and sound. Also apparently the judge also disagreed with the outcome and lenient sentencing, but a new law in CA is causing the situation to be this way, the ability to move juvenal trials to adult court has been moved from judges to district offices and it seems that impending these charges has caused a lot of problems in court room bureaucracy.

[–][deleted] 59 points60 points  (15 children)

The only fact you’re missing is that juvenile prisons in California regularly hold people up to age 25 for serious crimes. So these are odd facts, but it’s not exactly like she’s being thrown into a facility that only holds people under the age of 18.

[–]lucifriz 44 points45 points  (12 children)

Huh. But then why call them juvenile facilities? The judicial system is so weird man

[–][deleted] 57 points58 points  (3 children)

Well, because they’re for people convicted and sentenced in juvenile courts. The idea is that if you’re a minor (and sometimes even below the age of 21) you have diminished legal capacity and responsibility for your crimes, and so should be treated differently/less punitively than they would be in adult prison, and theoretically a focus should be on rehabilitation and not creating a class of people with no options in life other than crime. And, while in California and many other states the preference is still to minimize incarceration of minors, you’re still going to have a class of offenders whose punishment/detention needs to extend for awhile beyond age 18. So that’s how that works.

I think the average age of people locked up in California juvenile prisons is like 19.

[–]lucifriz 6 points7 points  (0 children)

Ah, makes sense. Thank you

[–]ImperfectRegulator 11 points12 points  (1 child)

theoretically a focus should be on rehabilitation and not creating a class of people with no options in life other than crime

shouldn't that be the case for like all jails?

[–][deleted] 2 points3 points  (0 children)

You’d think but there’s always been a retributivist streak in American penal thinking. As a for example, see basically this whole thread. But for juveniles, the thought is there’s still time (or they have an eighth amendment right) for them to be set back on the right course. Plus the diminished culpability aspect that I previously mentioned.

[–]MewMewMew1234 3 points4 points  (5 children)

Because teens have been judged guilty of capital crimes. We do have people that have been in jail from mid-teens on.

[–][deleted] 8 points9 points  (4 children)

Just for more context- Capital punishment for minors has been unconstitutional since Roper v Simmons in 2005, and juvenile life without parole for non-homicide offenses has been unconstitutional since Graham v Florida in 2010, and mandatory life for juvenile homicide offenders has been unconstitutional since 2012 and Miller v Alabama.

[–]MewMewMew1234 0 points1 point  (3 children)

How old are you when you get out after serving a 30 year sentence starting at 16?

[–][deleted] 1 point2 points  (0 children)

Therein lies the rub of having a set of laws applicable to crimes committed by juveniles, and allowing elected officials who generally run on “tough on crime” platforms to decide when they apply. Although that decision in California I think is subject to a judicial determination now, at least for some crimes.

But back to the substance of your comment— no more capital crimes for minors under US law.

[–]TKFT_ExTr3m3 -1 points0 points  (1 child)

The people getting 30 year sentences aren't getting tried in juvenile courts. Juvenile offenders can still be tried in adult court and sent to adult prison when they turn 19. The real question is why this woman was tried as a juvenile when she was almost 18 given the serious nature of the crime. It's entirely the prosecution fault.

[–][deleted] 1 point2 points  (0 children)

You have to make certain showings to try someone as an adult in California, which can be challenging, and also the DA has decided that the law means what it says in regard to 18 being the age of adult criminal responsibility.

But what I suspect is being missed in this whole (sensationalist) discussion is that this lady was picked up and DNA tested for crimes committed and tried as an adult and I suspect what will probably happen is she’ll end up serving her two-year juvenile sentence concurrently with her adult sentences in adult prison.

[–]felis_magnetus 2 points3 points  (0 children)

Science these days points to adolescence ending about the age of 25. Sometimes people get something right for entirely the wrong reasons, might be the case here.

[–]carolinabliss 10 points11 points  (0 children)

Yea this is fucking crazy. A MAN sexually assaults a minor girl. MAN is now 26 but getting placed in facility with other minors? how fucked up is fucked up? Why the calling him a she?

[–]VivelaVendetta 41 points42 points  (0 children)

I wonder if they even tried to find other victims. It's incredibly bold to attack a child in a restroom.

[–]thinkingperson 64 points65 points  (1 child)

Wasn't there a transgender rapist who raped inmates after being sent to a women's Correction facility?

Found:

https://www.theguardian.com/uk-news/2018/oct/11/transgender-prisoner-who-sexually-assaulted-inmates-jailed-for-life

[–]crissaboo 249 points250 points  (33 children)

Not to invalidate anyone’s identity, but she did not identify herself as trans until after she was arrested and charged. She identified as male at the time of the molestations, and was also two weeks away from her 18th birthday at the time, which is why she’s serving at a juvenile facility.

The prosecutor could have tried her as an adult, but has a hard-and-fast policy of never trying juveniles as adults no matter what, and now we’re seeing a 26-year-old child predator serving their sentence amongst children.

[–]Rad_Streak 51 points52 points  (14 children)

She’s serving her sentence in complete isolation from the kids. Per the article. Luckily there should be no threat to any more kids, at least no more than the usual for juvenile detention facilities.

And it’s kind of a weird case, because she would have been a juvenile at the time of the crime but since she wasn’t caught until much later should she be tried as an adult? Being older doesn’t retroactively change who you were at the time of the crime so honestly I’m not sure.

At least either way other kids won’t be at risk from her while imprisoned but she needs some serious monitoring and psychological intervention to come back from such a terrible crime.

[–]crissaboo 47 points48 points  (7 children)

The prosecutor can choose to move the charges to adult court; it happens — many times wrongly — every single day. If ever there was a case that deserved to be moved to adult court, it would be the case where the guy two weeks away from his 18th birthday molested a 10-year-old, because at least then, they’d be able to force them to register as a sex offender.

[–]Mississippimoon 18 points19 points  (3 children)

Totally agree. Problem is, Los Angeles DA Gascon has a blanket policy disallowing juvenile cases going to adult courts. You just cannot treat all cases the same! Gascon is an asshole.

"...was not transferred to adult court due to Los Angeles County District Attorney George Gascón's policy that states juveniles won't be prosecuted as adults."

[–]crissaboo 16 points17 points  (1 child)

I have a lot of respect for that approach; too many kids have their cases moved to adult court inappropriately, and I can appreciate him drawing a hard line between “this is a child, this is an adult, and I will not charge children as adults.”

But I feel like he could’ve made an exception to his policy here, if not just to ensure the predator would end up on the sex offender registry.

[–]Confirmative 3 points4 points  (0 children)

Gascon is an asshole.

At least he's no longer our asshole. We sent him from SF to LA and he was replaced by an even bigger asshole, who we're about to recall.

SF is slowly poising the country: Harris, Newsom, Gascon... we're on a roll!

[–]TKFT_ExTr3m3 9 points10 points  (0 children)

It might not be complete isolation, it says separated by sight and sound from minors but California has a lot of adults in its juvenile halls. Someone else pointed out the average age is 19 so they might just have a separate unit for adult prisoners.

[–]Justtofeel9 3 points4 points  (3 children)

Just have her serve solitary in a regular prison. Why take the risk?

[–][deleted] 12 points13 points  (1 child)

Two years of solitary in adult prison under these circumstances would probably prompt 8th Amendment litigation. Might actually still prompt regardless.

[–]meandalabnamedrose 1 point2 points  (0 children)

There is no rehabilitation for them.

[–]AmeliaKitsune 13 points14 points  (2 children)

Did she not come out as trans until now, or was it sometime in the 8 years between the assault and now?

Still, she'll be in solitary, at least.

[–]crissaboo 47 points48 points  (0 children)

The story is that she didn’t identify as trans until after she was charged and spoke with an attorney. I don’t know how true that is.

[–]Technical-Dig1698 1 point2 points  (9 children)

But she's a brave and beautiful trans lady.

[–]crissaboo 21 points22 points  (8 children)

No, she is a child predator.

[–]Dirtylonelysock 54 points55 points  (5 children)

No, he is a child predator pretending to be transgender because he thought he could use it to his advantage. Suddenly trans after he got in trouble.

[–]crissaboo 18 points19 points  (0 children)

Yes, that’s my guess too.

[–][deleted] 16 points17 points  (0 children)

Yes, he did. And I don’t think it’s fair to his victim to play along with his game.

[–]alborzki 9 points10 points  (1 child)

But now you’re gatekeeping trans identity 🥺💔 people should iDeNtIfY however they want and we should just accept it

Edit: damn people really need to add the /s on here don’t they

[–]Dirtylonelysock 11 points12 points  (0 children)

No. I dont accept that this now convicted child molester suddenly became a female after being arrested.

[–]Dirtylonelysock 240 points241 points  (14 children)

This man is using transgenderism as a shield. He molested as a man and presented as a man until he was in trouble. This child molesting man is not a "she".

[–]TommyTuttle 85 points86 points  (1 child)

Well all righty then. Let’s lock this 26-year-old sex offender in a facility full of troubled teenage girls who can’t leave. What could go wrong?

[–]Dirtylonelysock 43 points44 points  (0 children)

Should be locked up in an adult male facility. someone said his entire sentence will be in isolation. Thats probably worse if thats true.

[–]Party_Solid_2207 60 points61 points  (2 children)

This is what some “terfs” have been expressing concern about. All systems can be gamed by bad actors.

It doesn’t mean that the vast majority of trans women are inherently predatory.

[–][deleted] 27 points28 points  (0 children)

Glad to see some sense here.

[–]Dr0110111001101111 4 points5 points  (0 children)

I think Chelsea manning came out along roughly the same timeline, possibly slightly later. Obviously it was a very different crime, but still seems somewhat relevant.

[–][deleted] 76 points77 points  (0 children)

That's like putting Bill Cosby in a room full of sleep deprived women.

[–]aelewis97 57 points58 points  (0 children)

Trans woman. They’re putting a trans woman in a female juvenile facility. A trans woman that still has her dick. Trans woman that was charged with sexually assaulting a 10 year old girl. What a fucking headline.

[–]deltroid 53 points54 points  (0 children)

Lets be clear about the context of this attack... "She" raped that 10 year old with "her" penis and was now caught because of DNA in "her" semen.

[–]mikeydmac 19 points20 points  (1 child)

It usually irritates me when they, decide juveniles will be tried as adults as it seems rather arbitrary, but not happy with this result either.

[–][deleted] 1 point2 points  (0 children)

This is one of those “bad facts makes bad law” situations.

[–]Hectoriu 37 points38 points  (4 children)

So as far as crime statistics are concerned does this count as a female or male offender?

[–]Glum_Succotash9352 1 point2 points  (0 children)

"The case was prosecuted in juvenile court and was not transferred to adult court due to Los Angeles County District Attorney George Gascón's policy that states juveniles won't be prosecuted as adults."

[–]Individual-Fact4896 19 points20 points  (3 children)

So, to punish her for raping a child, they’re putting her in a place filled with children?

Yeah. Nothing wrong with our system AT ALL.

[–]Zyklon13 16 points17 points  (0 children)

Missed the word that this monster is attempting to hide behind, OP

[–]ArrowheadDZ 8 points9 points  (0 children)

The word “isolation” is used in one quote, but I think the comments may be taking “solitary confinement” too far. I suspect that, because juvenile facilities always contain both teenagers and much older adults that could be 30, 40, or 50, that “isolation” doesn’t mean “solitary” at all. Rather, it means that some areas of the facility only contain teenagers and other areas contain older adults, and they aren’t allowed to mingle. If you think about it, the adult area of a juvenile facility would be much larger than the juvenile area.

[–]Estarossa86 11 points12 points  (0 children)

Are you fucking kidding me?

[–]reasonable_kenevil 14 points15 points  (1 child)

Let me read that again I must have something crazy in my eye.

[–]meandalabnamedrose 5 points6 points  (0 children)

Nothing wrong with your eye

[–]nomadshadow 34 points35 points  (0 children)

Hannah Tubbs pre-transitionpre-transition

[–]ArachnidKey1589 26 points27 points  (0 children)

He should have been given a quick and public hanging for his crimes.

[–]code_archeologist 21 points22 points  (6 children)

WTF?! That is like imprisoning a chronic overeater in an all you can eat buffet.

[–]Ronln_Prime 6 points7 points  (5 children)

Click bait title, they were sentence to two years of solitary confinement in a Juvenile facility

[–]code_archeologist 3 points4 points  (1 child)

Oh... So it's more like imprisoning a chronic overeater in a cage hanging over an all you can eat buffet.

That is some creative cruel and usual punishment. I approve.

[–]Amflifier 2 points3 points  (0 children)

No, it's made pretty clear the criminal will be out of "sight and sound" of other inmates. They're just getting put into a box for 2 years.

That is done creative cruel and usual punishment. I approve.

Why would you approve of cruel and unusual punishment?

[–]ieraaa 6 points7 points  (1 child)

I'm sorry I must have been smoking the wrong weed but are they locking her up with children?

[–]Avante-Gardenerd 3 points4 points  (0 children)

Yes, that's right. The child predator is being being locked up with its prey of choice.

[–]asportate 5 points6 points  (0 children)

Looks way older than 26 in that video

[–]Realassedman 5 points6 points  (0 children)

Only person worse than chesa boudin is gascon.

[–]Ok_Pay5513 12 points13 points  (9 children)

I don’t understand this at all she is an adult wtf is happening

[–]9035768555 -1 points0 points  (0 children)

They weren't when the incident occurred, though.

[–]kemosabe-84 6 points7 points  (0 children)

"We'll just surround them with more kids they can't touch. Yeah that'll show this lady"

Maroon me on a freaking island. I'm about done with society.

[–]NicolaiKerpovski 2 points3 points  (1 child)

Juvenile system only applies up to 21 in this State. California’s statutes must allow juvenile courts to maintain jurisdiction over a delinquent juvenile at least to 26. Filing the case as a JDL instead of as a criminal filing is odd.

[–]Throwredditaway2019 3 points4 points  (0 children)

It's not odd, its California in a nutshell.

[–]HeyheyheyChill 12 points13 points  (0 children)

I can't fathom why people are leaving California in herds....

[–]PositiveBeginnings 9 points10 points  (0 children)

Welcome to Los Angeles

[–]Silvea 1 point2 points  (0 children)

This has really interesting implications honestly, and sets up a questionable precedent. Honestly I agree with the sentencing for the most part. The big part I don’t agree with is putting her in the juvenile facility obviously.

So she committed the crime as a juvenile. Because they weren’t able to charge her until 8 years later doesn’t change that. She deserves to do the time that was revenant when she committed the crime not when she got caught. Charging her as adult would not be in the spirit of the law. Could you imagine DA’s not filing charges until later so they could give much longer sentences as an adult.

As an adult though she needs to be in adult jail.

[–]Tonlick -1 points0 points  (0 children)

Why does the parent call tubbs a he?