A New Jersey judge is under scrutiny following inappropriate comments made during a 2016 hearing involving a woman seeking a restraining order after an alleged sexual assault. Judge Michael Sinclair has been accused of misconduct for asking the victim whether she had attempted to “close her legs” in order to prevent the assault. This line of questioning has sparked outrage and calls for accountability, leading to a recommendation for a three-month unpaid suspension.
Findings of Misconduct
An advisory board found that Sinclair breached judicial conduct codes multiple times throughout the hearing, which has prompted the New Jersey Supreme Court to schedule a hearing for July to discuss the board’s findings. During the original proceedings, the victim faced a series of insensitive and inappropriate inquiries from Sinclair. One notable exchange included him asking, “Do you know how to stop someone from having intercourse with you?” to which the victim responded she would try to run away or physically resist.
Escalation of Questioning
The questioning escalated when Sinclair suggested various methods for the victim to have prevented the assault, including “block your body parts” and “call the police.” Such victim-blaming remarks have raised serious concerns about the judge’s suitability for the bench. Why should a survivor of sexual violence bear any responsibility for their attacker’s actions? The focus should rightfully be on the perpetrator, not the victim’s choices.
Panel’s Recommendation
The advisory panel’s recommendation for Sinclair’s suspension is grounded in their belief that his conduct was not only discourteous but also detrimental, risking re-victimization of the plaintiff who was already in a vulnerable situation. Sinclair has denied any wrongdoing but has acknowledged that he would not repeat such questions in the future. His defense attorney expressed a desire for a public hearing to address the allegations.
Additional Incidents
The report detailing the judge’s misconduct also mentioned other incidents, including inappropriate communications with litigants and failing to recuse himself in a case involving acquaintances. This conduct has been deemed incompatible with the decorum expected from someone in a judicial position.
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Conclusion
In summary, the judge’s troubling remarks during the hearing have sparked significant backlash and highlight the need for sensitivity and accountability in the judicial process, particularly when dealing with survivors of sexual violence.