American gets 3 years for sexually assaulting Irish student

"The very first line of that article is incorrect. Blackston received a 3 year sentence less 150 days not 15 months as quoted on that website."

Thank you!

How did poisoning and kidnapping get left out of the charges? Only 3 years is a disgrace.

@blacktokyo

The very first line of that article is incorrect. Blackston received a 3 year sentence less 150 days not 15 months as quoted on that website.

Judderman: if you bothered to read the article or other BT articles on the Nicola Furlong case, you would find that there is no dispute of what was filmed in the taxi especially since none of us here viewed the footage. Blackston himself admitted to "touching the woman numerous times. Read the article to see if you can better answer question "does the crime fit the time?"

@Eric L.Robinson

The camera doesn't lie...the CCTV footage from the taxi showed Blackston assaulting her.The fact that a similar assault was committed by Blackston the previous month on a brazilian lady in eerily similar circumstances compounds his guilt.3 years seems kinda lenient actually.The only irrational thing here is the predatory behaviour of these two thugs.

there are many irrational things about the case and the trial. trying to sort through the truths, half-truths and lies. for example, the women were not drugged, unless you count the prescription xanax taken 12-hours before ms. furlong's death:

http://www.blacktokyo.com/2013/03/14/nicola-furlong-case-does-blackstons-time-fit-the-crime/

"Hinds was 19 and a minor under Japanese law when he was arrested, but is being tried in an adult court," because he is foreign.

ANyhow, both of theses dudes need to have it stuck to them.

Has anyone "Googled" images of them? I did. They look like such upstanding individuals (dripping with sarcasm).

Another thug going to jail...lets hope his thug friend gets life....

"Of sexually assaulting the woman SHE was with on the night she died" Is it He or she that is being tried?

3 years for killing someone...

Blackston was convicted of sexual assault, not murder. But he should have been given the full four years the prosecutor was requesting. You only need to see the video of James "King Tight" Blackston "dancing" on a Japanese train to understand the level of anti-social behavior Blackston was exhibiting prior to his arrest. In addition, Blackston has shown no remorse for what he has done and has made statements in court that have contradicted what is seen in the taxi video.

In January, Mr Blackston described the evidence of Ms Furlong's friend as untruthful. "I don't know why she lies, I don't hate you for it but.. .. why don't you just say what happened?" But the judge today described Mr Blackston's testimony as "irrational." He said that Mr Blackston had claimed in court that he had no sexual interest in victim A, but the CCTV camera in the taxi taking them to the Keio Plaza hotel recorded him making explicit references to the two Irish women.

H was 19 and a minor under Japanese law when he was arrested, but is being tried in an adult court.

There is no such thing like "an adult court", but a district court as opposed to a family court. There are complicated rules in Juvenile Act regarding which court has jurisdiction. The jurisdiction is determined by the age of the suspect and the gravity of the crime. In case of a homicide committed by a minor who is 16 or older at the time of crime, district court has jurisdiction unless there is compelling reason that family court should have jurisdiction based on special conditions of the crime. So, H is tried in a district court as a minor.

I think (this is my take on it!) that since he was 19 when the crime was committed Hinds can only receive a sentence a minor would but because he is now 20 years old he is being tried in an adult court.

This is a strange case, not the Blackston part. If she was drugged ,rapped and strangled, there should be a metric ton of evidence that would make him the brutal killer. All you people are yelling "death penalty", Lucy Blackman's killer dismembered her and got Life. Dont be so hasty to hang these guys. WE don't know what happened. There has got to be more. Either way they deserve jail time.

basroil, no Japanese media have ever disclosed the identity of the defendants. It is only the foreign media that disclosed the names of them.

JuddermanMar. 14, 2013 - 04:14PM JST

Hinds is not being tried as an adult.

He's already been tried as an adult in the court of Japanese media though, poor kid has his rights trampled before he even gets a shot in court. I wonder how that affects the lay judge system.

@shinjuku no yaju

Hinds is not being tried as an adult.That's why the prosecutors are hoping for the severest penalty in this situation which is between 5-10 years.

Blackston has previous with this sort of thing.He was accused by a Braziilan lady of assault last April.Both women(Irish and Brazilian) say that after drinking Blackston's tequila they woke up hours later in his hotel room with no recollection of how they had gotten there.This is no coincidence.

I a once again fascinated by the number of people who can spare the time to comment on a story, but can't spare the time to READ the story. The 3 years is not for murder. He has been convicted for sexual assault, which we can deduce to be something "less" than rape. His victim is alive, hence no murder took place. We can be reasonably assured that his friend will receive a significantly heavier sentence if convicted for rape and murder.

3 years for killing someone.... wow. Hinds should have laid his male friend if they were that desperate. They should hang.

Only 3 years for a sexual assault?

"Sexual assault" is a very broadly defined crime in Japan that encompasses everything other than rape. It includes body touching and kissing as well as sodomizing. The maximum sentence for sexual assault is 20 years in prison. I cannot tell what exactly happened. But, since he was accused of "sexually assaulting Furlong’s friend in a taxi", I think there was not so much he could do while the driver was watching.

H was 19 and a minor under Japanese law when he was arrested, but is being tried in an adult court.

This reporting is not accurate. A minor can be tried either by a family court or by a district court. During pretrial procedure, a family court decides which court has jurisdiction. If a minor is sent to a family court, the maximum penalty is confinement in a "juvenile training school". But if a minor is sent to a district court, even capital punishment is possible. Yet, there are differences in procedure between a minor and an adult at district court. He was sent to a district court, but that does not mean he is tried as an adult.

Another thing I would like people here to pay attention to is this.

Juvenile Act Article 61 No newspaper or other publication may carry any article or photograph from which a person subject to a hearing and decision of a family court, or against whom public prosecution has been instituted for a crime committed while a juvenile, could be indentified based on name, age, occupation, residence, appearance, etc.

It is an obligation of a publisher, such as AP or JT, to withhold the identity of a juvenile. There is no criminal penalty for violating this rule, though.

Was there any reason given for why they tried Hinds as an adult?

nyunt_shweMar. 14, 2013 - 12:25PM JST

Of course, Japan has duty to protect American citizens from any harm. This case, if even happen in one of the States in America could have awarded death sentence was now very lightly sentenced only funny 3 years for rape and murder by faithful judges of Japan.

If this was the US, he would have been read his rights, had an attorney present at all times, released on bail with conditions met, protected against long term detention without being charged, been tried by a jury, and had a fair trial that would have given him a much longer sentence if the evidence proved his crime. Japan did not protect these two, and in fact likely violated their human rights due to archaic and arbitrary laws and application of those laws. If barbaric practices like forced confessions and indefinite detainment are Japan's valor and courage, I would be glad to see them lost.

I think you have to consider the implications on the perpetrator's future life. Losing 3 or 4 precious years of your twenties in a very strict Japanese prison is hardly a bowl of cherries. And when this guy gets out how are his future prospects? Might take a bit of explaining on his job application forms about what he's been doing for the last few years and why he's been doing that. The bottom line is that he's ruined his life as well as the victim's.

Swine.

Of course, Japan has duty to protect American citizens from any harm. This case, if even happen in one of the States in America could have awarded death sentence was now very lightly sentenced only funny 3 years for rape and murder by faithful judges of Japan. It's a classic case of Japan's lost of historical valour and courage. How sad!!

ChibaChick, thanks for the response

... seeing a man in Japan given a 3 year sentence for drugging and rape?

This was a different girl. You said you read that drugs were found in Nicola, but even there, is there proof of who gave it to her. But that's irrelevant to this sentence. Unless she tested positive for drugs and a witness saw this guy drug her. (Not saying I don't think he did it, just that you need evidence to convict). And the charge was assault not rape. Not sure of the Japanese terms or their defintions.

The guys are despicable, but it's pointless to try to compare sentences when you don't know what the sentence was for.

3 Years? 8-10 should've been the minimum. such heinous crimes should not be so lightly punished. They drugged and raped the 2 ladies. one were strangled and died. But in and of itself, still a heinous crime.

I also wonder what the US govt and embassy are doing regarding to this. also, if they are to return to USA, will they be registered as sex offenders or not? are they helping Tokyo in anyway they can, are they requesting they served their sentences in USA or fine with them in Japanese prison.

@dog

then why not try them for that supposed imaginary crime then? yes, if that were the case he deserves more than what he got, but 3 years for what happened in the taxi is preposterous.

Hinds was 19 and a minor under Japanese law when he was arrested, but is being tried in an adult court.

That's interesting, considering the guy's name shouldn't have even been released as a minor. Sounds like a massive failure of civil rights and downright xenophobic judgement to try him as an adult. That isn't to say that the kid shouldn't be punished for aiding in rape, but the law is quite clear on how minors are to be treated, as well as the fact that not a single minor who commits a crime is known as anything but "shounen a".

In addition, the ministry of justice adds "However, it is also ruled that detained juveniles over 14 years of age shall be treated differently from adult counterparts, taking into consideration juvenile-specific mentality. " http://www.mofa.go.jp/policy/human/child/report2/definition.html. This is a clear violation of this kid's rights, both of right not to be named and right to not be tried as a full adult, and the only possible reasoning behind this is that they consider non-Japanese children to have no rights.

http://www.independent.ie/irish-news/courts/blackston-shows-no-remorse-as-hes-jailed-for-sexually-assaulting-nicolas-friend-29127983.html for more information. Turns out this wasn't his first time to do this and 3 years does seem a little lenient.

As for the other guy (Hinds), since he's being treated as an adult (via this trial) he probably should receive the same punishment as an adult (if/when found guilty).

If Hinds is found guilty, shouldn't Blackston be considered an accomplice?

Lets see what happens next Tues when verdict comes out...

rickyveeMar. 14, 2013 - 10:04AM JST

but i gotta say the term "sexual assualt" is used so vaguely in japan. i mean, it happened in a taxi so it really couldn't have been rape. a bit of fondling perhaps? and if that were the case then it's quite lengthy, i think.

Go reread the article again and when you get to the part where he wheelchaired the girl to his room, try and concentrate and what has been written. Do you think he wheelchaired the unconscious girl up to his room for a game of trivial pursuits?

Seems a very light sentence. Make no mistake - this misogynist, violent scum will rape again, as will his maggot brother in crime. Rest in peace to the poor innocent Irish lady - I just hope the surviving girl somehow recovers and can live her life.

wait, 10 years for murder? you've got to be kidding me! hang the guy and quickly.

but i gotta say the term "sexual assualt" is used so vaguely in japan. i mean, it happened in a taxi so it really couldn't have been rape. a bit of fondling perhaps? and if that were the case then it's quite lengthy, i think.

Chiba, was the sexual assault the only charge in Okinawa? Or was it also robbery, assault and battery, etc, and is that that how charges added up?

Taj, Im really not sure to be honest. Thats why I said I know the circumstances were different. But, in my mind anyway, with all the other things they did to the victims in BOTH these cases robbery is a non entity, the rape and assault trumps that, and to me drugging someone IS assault. They did find evidence of drugs used for date rape in Nicolas system according to the Irish news I read.

They also sais in the Okinawa case that they took the outrage of the community into account when making the sentence. Well, what about the outrage in this case? What about the families and friends of the victims? What about the outrage that foreign women are feeling right now, seeing a man in Japan given a 3 year sentence for drugging and rape?

MarkGMar. 14, 2013 - 07:40AM JST

Only 3 years for a sexual assault?

There needs to be some serious reconsideration about which century the legal system in Japan belongs in.

I don't think they have any evidence of drugging.

Chiba, was the sexual assault the only charge in Okinawa? Or was it also robbery, assault and battery, etc, and is that that how charges added up?

That said, four years seems light and I hope these guys suffer and learn from the hardships and austerity of the Japanese penal system.

Sexual assault and murder and the sentences we are looking at are 3 to 10 yrs, it is ridiculous!! Anyway I hope they get the max sentence possible. It does not sound like something that went from bad to worse. It sounds like they preyed on the two victims!

Um. Didnt they just hand down 10 years for the sexual assault on a Japanese woman in Okinawa? I know the circumstances were different but sexual assault is still sexual assault. 3 years considering the drugging and the intent to rape seems awfully light to me.

4 years max for sexual assault is a bit light I think when the victim lives the rest of her life with the violation.

Beasts.

The max they could have handed him was four years . (in other news) The judge took 150 days off Blackston’s three-year sentence for time already served on remand.

Hinds may well get 9 years of a 10 year sentence with a bit of luck (fingers crossed) he'll get the max 10 years with hard labor allowed for under the law

Only 3 years for a sexual assault?

Really? So if evidence points to the drinks being spiked then these guys really have to get charged for sexual assault. If that idiot Hinds and his idiot friend wanted to get laid so bad, they should have just done it the normal way.

I've done some stupid things in my youth too, but I've never gone so as far as these two and I wised my ass up at 17 when I had enough brushes with the law to figure out that its better to not have to look behind your back all the time because you've done something illegal or intentionally infringed on another human beings rights of existence.