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Judge drops crass jockstrap jibe in sentencing

A well-meaning American judge has launched into a tirade of sarcastic vitriol whilst sentencing a 71-year-old man to seven years in prison for the sexual assault of young boys.Above the Law…

user iconLawyers Weekly 12 May 2011 SME Law
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A well-meaning American judge has launched into a tirade of sarcastic vitriol whilst sentencing a 71-year-old man to seven years in prison for the sexual assault of young boys.

Above the Law reports that Judge Philip Kirk of Wisconsin convicted Delton Gorges, a former bus driver, of sexually assaulting boys. During sentencing, Judge Kirk had some interesting words for the defendant, most notably: "I think you were born gayer than a sweet-smelling jock strap."

Judge Kirk also expressed skepticism toward Gorges' claim that he is actually heterosexual: "I think that if anyone believes that in the last 10 years or 15 years all of a sudden you developed an interest in homosexuality and young boys, then I must have looked ravishing in my prom dress this year."

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According to Above the Law, Judge Kirk was actually attempting to express sympathy for Gorges, theorising that Gorges is a closeted gay man who, because he was unable to live openly as a gay man, turned to molesting boys.

Below is a collection of Judge Kirk's comments from the sentencing:

"I think you were born gayer than a sweet-smelling jockstrap."

"I think that you lived your life as a lie all of your years. And I don't doubt that you engaged in heterosexual behaviors - you got married and had a child. But it was all a lie."

"I think you're one of the victims here as well. I think you're a victim of society."

"No one knew there was a closet to come out of in those days. You know you had to be very careful, because you could have found your penis floating in the Wolf as walleye bait. It was a terrible life to have to live."

Despite Judge Kirk's comments being well-intentioned, they didn't go over terribly well with some members of the LGBT community.

"The thing that concerns me is the linking homosexuality, linking being gay with, in this case, child molestation," said Andrew DeBaker, Co-Chair of [gay rights group] New Pride.

Janine Geske, a former Wisconsin Supreme Court Justice, described Judge Kirk's remarks as "unfortunate."

Folklaw has to agree.

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