Video: Rep James Fagan (D) on Jessica's Law

Democratic Representative James Fagan was in the Massachusetts State House yesterday railing against Jessica’s Law, which would mandate 20-year sentence for rape of a child under 12. As a defense attorney he took offense to the idea that someone convicted or raping a young child should have a mandatory sentence imposed on them, arguing it would force him to attack the little girl in order to defend his client:

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"Let me tell you why it’s so wrong, It’s so wrong because in these situations . . . that 6-year-old is going to sit in front of me, or somebody far worse than me and I’m going to rip them apart. 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. And that’s not because I’m a nice guy. That’s because when you’re in court, and you’re defending somebody’s liberty, and you’re facing a mandatory sentence of those draconian proportions, you have to do every single thing you can do on behalf of your client. That is your obligation as a trial lawyer.”

While it is true that it is a defense attorney's obligation to defend his or her client to the best of his of her ability, that is true in all cases. Mr. Fagan would have you believe that he would be harsher in his cross examination of the victim if his client is facing 20 years then if he was only facing 5 years. His illogical, and downright offense argument is that by mandating a sentence of 20 years, the State legislature will be victimizing the child by forcing him and his peers to traumatize the little girl on the witness stand. In essence, he argues that the only way to prevent him from "ruining" her life, is by offering leniency to the child rapist in the hopes he does not attack another young girl.

Crossposted at Constitutionally Right