A woman who was groped by an off-duty DPS officer at a Flagstaff bar last summer says that comments to her by the judge during Wednesday’s sentencing were inappropriate and that the judge should apologize.

Before giving the officer two years’ probation on his conviction for sexual abuse, Coconino County Superior Court Judge Jacqueline Hatch said to victim: “If you wouldn’t have been there that night, none of this would have happened to you.”

Hatch said that the victim was not to blame in the case, but that all women must be vigilant against becoming victims. Hatch also said that even going to the grocery store after 10 p.m. can be dangerous for a woman.

“When you blame others, you give up your power to change,” Hatch said that her mother used to say.

Reached today by phone, the victim said: “It felt like she was saying to me, ‘If you wouldn’t have been there that night, it wouldn’t have happened to you.’ Yeah, well, it probably would have happened to someone else.”

She said Hatch should apologize for her comments.

“I’m still kind of in shock that she said that to me,” the victim said later. “Coming from a woman, I would expect her to be a little bit more realistic about women being strong and independent and the fact that there’s nothing wrong with that.”

OFFICER TO LOSE BADGE

The victim said that she thought the sentence was a little lenient, but that she was satisfied that the officer would lose his badge over his actions. She said she hopes the sentence will help Evans move forward and not do something similar in the future.

A jury found 43-year-old Robb Gary Evans guilty of sexual abuse, a class 5 felony, for walking up behind the victim at the Green Room, putting his hand up her skirt and running it across her genitals.

Hatch sentenced the Arizona Department of Public Safety Officer to two years of probation, 100 hours of community service and treatment. He does not have to register as a sex offender and received credit for four days of jail time.

DPS fired Evans following the criminal conviction.

Hatch’s comments have generated a stir online, where members of the public and an online petition have called for her to resign. The petition had reached more than 550 signatures by Thursday evening, with hundreds commenting.

Comments posted to Facebook, Twitter and the Arizona Daily Sun website have also criticized the judge.

“These comments from the judge are absolutely offensive,” said online commenter JessPope in a story posted to the Daily Sun website. “So if women go to bars it is up to them to make sure that they aren’t sexually abused or assaulted? This type of thinking has created an environment where men like this former cop feel confident that they can commit these crimes because the women in bars are ‘asking for it.’”

SEAT UP IN 2014

Hatch, a Republican, was appointed to the Division 1 judgeship by Governor Jan Brewer in June of 2010 and elected to a full term that November. Her seat on the bench will be up for election in 2014.

The victim said that she still believes justice was served, but thinks that such comments can deter other victims of sexual crimes from coming forward.

“As the victim, you’re going to go through this whole process and then have the judge tell you that you were asking for it,” she said.

The victim told the court on Wednesday that she has lost friends because of the case, but she pursued it through prosecution to help prevent others from becoming victims as well.

The victim and defendant did not know each other, but they had mutual friends.

Testimony given during the trial showed that at least one of their mutual friends tried to talk her out of pressing charges. The victim said that she has also been ridiculed for ruining Evan’s life.

“They don’t make it easy to do the right thing,” she said. “The whole system, it’s not flawless.”

A phone message left at Judge Hatch’s office was not returned on Thursday afternoon.

Eric Betz can be reached at 556-2250 or ebetz@azdailysun.com.

(69) comments

Mike G
Mike G

I feel for the victim, she should be applauded for her ability to do what was right. I hope she understands that there are people who are more understanding than judge Hatch.

If she was anyone else besides a judge, maybe more training or exposure to victimization would help her understand her ignorance. In the case of her being a judge, she should step down. Her comments are nothing short of a demonstrated bias against victims.

Fromthemiddle
Fromthemiddle

No apologies needed. Immediate resignation is the only solution.

ljks23
ljks23

It is common sense what the judge is talking about. Who knows maybe the victim encouraged him until she realized that she didnt want him after all. Women have it too easy yet they start everything. The cop is being punished he is losing a lot for his actions and decisions he had made.

Book_Lover
Book_Lover

@ljks, what you fail to comprehend is the harsh words that were spoken by a judge to a victim. Certainly, we may not know all the details of what happened in the bar that evening, there is still no reason for a judge to speak to a woman in that manner in this day and age. The examples she gives were for women to not go out at night nor to an event where alcohol may be served. I gather from what she said that as women we should do nothing but stay home so as not to garner attention.

spiritflows
spiritflows

Teeehheheee . . . right on. It's really always the woman's fault, don't you know that? Women, I guess if you are to be safe in public, it's time to holster up with your concealed carry permits. Maybe that will make the pervs think twice before assaulting their victims (and it definitely would as word got out). If da Judge can't do her legal job, there are other alternatives for women, like protecting yourself from the masquerading "protectors". What a sham system we've got going in Amerika.

justice4all
justice4all

your sick!

JBaker1
JBaker1

Don't send your women folk out without the appropriate male escorts. Welcome to 1850,

Dingo Dongo
Dingo Dongo

ljks23: "Common sense"? It's common sense to place the responsibility for a sexual assault on the VICTIM instead of on the PERPETRATOR? No, common sense says judges are entrusted with punishing criminals for violent behavior, not scolding victims for peaceful behavior.

But since you evidently hate women -- they "have it too easy", they "start everything" -- you're forced to dream up bizarre hypotheticals about conniving women who (for unknown reasons) "encourage" cops to sexually assault them.

bmarie
bmarie

i agree ijks23.......the truth is, we really don't know the hearts.....but again, God does.....

redpatch
redpatch

It's amazing she's taking a powerful stand. Just know you have HUNDREDS if not THOUSANDS of supporters just in town. Sexual assault stops here!

Book_Lover
Book_Lover

To the victim, if you read this, I want to thank you for standing up for your rights. It was courageous of you to do so. The actions by another against you in that bar were wrong, as well as the actions against you in that courtroom. I pray for your healing.

bfeather
bfeather

I'm with the victim and above comments. This judge is truly blaming the victim. She appears to be old enough to remember the battles for women's rights. I have already submitted a letter to the editor regarding the judge's comments.

bfeather
bfeather

By the way, this judge was appointed by Jan Brewer to her office in 2010. She is up for election in 2014. Let's not forget this and keep our eyes out for further inappropriate actions by this judge.

dak
dak

What an incredibly stupid remark. Judge Hatch just knocked women's rights back 100 years. A woman should be able to feel safe no matter where she is, whether it's a bar or a grocery store. Would the judge's sentencing have been different if this had happened somewhere else? If Judge Hatch doesn't step down, a re-call process should be started. She let her own bias regarding bars interview with her duty to punish the crime accordingly.

pdeasy
pdeasy

I began the petition for Judge Hatch to be reviewed by the AZ Supreme Court and Bar Association. I fear without reprimand of some form, sexual abuse victims will not see justice in Coconino County, and police will believe themselves above the law. Please consider signing the petition, not only for the victim in this case, but for other victims as well.

http://www.change.org/petitions/arizona-supreme-court-judge-jacqueline-hatch-should-step-down-for-unjust-sex-abuse-case

Book_Lover
Book_Lover

pd...just so you know. I signed the petition this morning and shared it on my facebook page. Glad you took a stand so others can as well.

LLS
LLS

Speaking as a survivor of childhood sexual assault & 12 years of domestic violence, it's SILENCE for 100's of years that's caused these crimes to grow & permeate our society. It's unimaginable enough to endure such a crime, unbelievably scary to speak up about it & unconscionable that the systems in place to protect us & bring justice feel they have a right to then blame the victim. Very sad, sad situation! The judge should step down. Kudos to the victim for speaking up & following through.

dissentient
dissentient

The victim in this case has showed such immense bravery in standing up for herself, against a man who attempted to flaunt his position with law enforcement, to be treated so poorly by this judge. I thought we had moved past the point that female victims of sexual assaults were blamed for these assaults: you shouldn't be in the bar, you're out too late, you're skirt is too short... I really hope that people remember this ruling the next time Hatch is up for re-election.

eqlrghts
eqlrghts

in the article it says that she has been ridiculed for "ruining Evan's life" which is an outrageous accusation, this man chose to ruin his own life the second he decided to sexually assault this woman.

I applaud you and the courage you have shown for standing up against this POLICE OFFICER a man who swore to uphold the law and then chose to break it, I believe that he should have received the maximum sentence that any civilian would have received for the same offense.

Fromthemiddle
Fromthemiddle

@ljks- Just a quick reminder, it's the 21st century, perhaps you want to join the rest of us!

FlagRealist
FlagRealist

@ J Hatch. You MUST resign now. Evan's ruined his own life. I will be teaching my daughter to standup for herself and not let her be abused by the system and others.

dhitesman
dhitesman

A quick address of paragraph 14 - despite the partisan nature of this publication, the comments have only to do with this Judge's incompetence, insensitivity, and inability to stick to ruling on the law without commentary from the bench - nothing to do with her affiliation with the Republican party!!

orly
orly

"Hatch also said that even going to the grocery store after 10 p.m. can be dangerous for a woman."

Maybe Judge Hatch can help implement a public curfew for women in Flagstaff. Then we'll have a clearer understanding of who is at fault in future assault cases. /sarcasm

gone
gone

This judge should be ashamed of her remarks. This woman is a Jan Brewer appointee and speaks volumes about the state's priorities. Voters in Arizona should not rest until Brewer is out of office, or just expect more and more nasty consequences. Republicans speak all the time about smaller government but what they really DO is another thing: their agenda is obsessed with all sorts of attacks on women's lives. VOTE in November - for a saner, kinder world or wait silently until they come for YOU.

dhitesman
dhitesman

@gone - nothing could be further from the truth. Any true conservative would be equally appalled by this judge's remarks. Contrary to popular belief, everything isn't a partisan issue.

bfeather
bfeather

Judge Hatch was appointed in early 2010 by Jan Brewer, and successfully ran for her office later that year. She is up for reelection in 2014. DON'T FORGET THIS INCIDENT, and let's all watch for other things she does.

Joseph
Joseph

Quit trying to make this a political issue. This judge said something that she shouldn't have. Wrong to pLace blame on the victim. Absolutely! This is not about the victim, it was about the actions of the suspect. However, getting trashed in a dump like the green room with the dirt bags that hang out in there when you're a vulnerable female? Poor decision. We have become too PC and don't call it like it is anymore. No one said she can't do what she did, just that it wasn't the brightest idea.

Dingo Dongo
Dingo Dongo

Joseph, so we should surrender to the dirtbags? We should tolerate the existence of violent no-women zones?

Look, if a bar is notoriously dangerous for women, the authorities need to act. And if they won't, then we need women courageous enough to *force* them to. But if women follow *your* advice and just stay away, the dirtbags win. I'm glad there are women who keep going there despite the risks. They're the ones forcing change where it's needed. And your advice is part of the problem.

AZMountainGator
AZMountainGator

That is disgusting for the judge to say, basically she told this poor woman

"You were in the wrong place at the wrong time, so you deserved to be victimized"

I hope the victim of this crime does get a sincere apology.

silky1
silky1

After an attempted rape by 2 ambulance drivers when I was 16, I reported their actions. They were fired. There were those who were shocked. "You caused those guys to lose their jobs!". "Boys will be boys". So let's be clear about this - do we just assume that men are animals, unthinking, hormone driven puppets of their own lust? And if women hang out in the zoo, they get what they're asking for? If so, make that the realistic operating standard and quit pretending that men have human rights.

jalee
jalee

This judge should not be on the bench. It is obvious that her comments are not only erroneous but absurb! Any woman should have the right to go anywhere at any time without being assaulted by a sexual deviate!

dani
dani

First, I want to say to the victim, I am sorry that not only were you victimized by this man (using that term very loosely) but then again victimized by this judge. Immediate resignation is the only solution to this blatant disrespect. One question...why is he not having to register as a sexual offender???? There are people who have been made to register as such for urinating in public, but this man can touch a woman as unwelcoming as he did and he doesn't have to register. What a crock!

flagsceptic
flagsceptic

She must believe it was not a "legitimate" sexual abuse.

Early Bird
Early Bird

This DPS commits this devious act against this poor women and gets a light sentence compared to a regular Joe would've gotten a stiff sentence , the judge inappropriately makes an ignorant remark to the victim, a cop beats a poor dog with his baton after being run over? This is just odd offbeat news.

smivicus
smivicus

This surely shows the future under full control of a Brewer/Hatch partnership. Lock your doors. The law must not apply to those with power, or former power.

kweather
kweather

Really!!! If all of you sat in the trial you would know why the Judge said what she did to the so called victim. The victim had also been drinking, smoked pot and then after the so called groping went out again to party. Don't be so quick to judge until you know all the facts on why the judge said what she did.

flagfan2
flagfan2

Really kweather???? So if a victim has been drinking, smoking pot, etc. they deserve to have someone come up from behind and grope them? As far as what she did afterward, it is irrelevant to the fact that she was indeed assaulted as proven in a court of law. I suppose you also approve of off duty law enforcement officers driving while intoxicated, flashing their badge OFF DUTY to get special treatment? This judge was out of line in her comments

FlagJustice
FlagJustice

so called victim? last time I checked he was convicted, by a jury. did you sit in trial kweather? how does drinking and smoking pot make her a so called victim? It doesn't and your silly.

Mike G
Mike G

Really? If you smoke pot that means it's ok for people to grope you? You know who sat through the trial? The jury of the officer's peers, they are the decision making body. They found him guilty.

Aside from all that, blaming a victim makes it less likely that other victims will come forward. It is sentiment like yours that makes dealing with a crime like this so difficult for a victim.

Rose
Rose

If I go out I remember to wear my http://en.wikipedia.org/wiki/Chastity_belt and clothing with many pleats that cover me from neck to foot because I would not want to purposefully entice a MAN by seeing my ANKLE! And I am always escorted by a man of proper breeding who my father approves. Who would catch me if I were to see something frightful and faint? And I NEVER drink spirits or wiff of anything people smoke into their LUNGS! That is IMPROPER for a WOMAN, only a man may do that. teehee

flagstaffborn
flagstaffborn

Kweather--really? drinking, smoking pot and partying justify sexual abuse? What century and country are you living in? Afghanistan under Taliban rule? You should be ashamed, along with Judge Hatch, regardless of the victim's personal choices. I'll bet you believe in "intentional" and "unintentional" rape, too.

bmarie
bmarie

I agree witih kweather. Slow down on judging the judge. I would like to know if the woman who was groped learned anything from being groped in a bar. God knows the hearts.......

spiritflows
spiritflows

You wonder if the victim learned anything from being groped in a bar? You don't wonder if the convicted felon learned anything? This is truly 1984 where everything has been reversed, black is white, truth is lies, evil is good.

rcyazzie
rcyazzie

When I first read the article yesterday, it struck me as odd that the judge was "advising" the victim about her actions. Excuse me, the judge should have been addressing the perpetrator. I believe the sentencing was lenient, he needs to be registered as a sex offender, FOR LIFE. I cannot believe that her "friends" were trying to talk her out of pressing charges. Who does that? I hope that the sentencing is changed. My heart goes out to the victim and other victims of sexual abuse.

Fromthemiddle
Fromthemiddle

The "honorable"sitting judge should do the honorable thing and resign today. Fridays are always a great day for a resignation. Come on Judge, do the right thing!

FlagJustice
FlagJustice

come 2014, this issue will undoubtedly be magnified. What a joke Jacquelyn Hatch is...absolutely no respect for a sexual abuse victim. Let's get real already, Hatch. This isn't an issue of gender bias, this is about your disingenious and frankly immature condemnation of a helpless victim.

FlagCitizen21
FlagCitizen21

Upon Googling Judge Hatch, I found a link very close to the top... Is this the same person? How does it get this far? How long has she been abusing her power? This is rather upsetting.
http://www.youtube.com/watch?v=U6ZoflDRxS8

firstamendmentartist
firstamendmentartist

FlagCitizen, thanks for posting. That was disturbing to watch, poor kid.
We need to replace her.

Captain America
Captain America

So a cop gets no jail time for a felony conviction of sexual assault! Then, the Judge uses her public position to reprimand the woman that was assaulted? Poor Judge Hatch needs to recognize that her personal social issue beliefs, have NO place in her courtroom.

shikoda18
shikoda18

The victim is a strong woman! I applaud her!

Had to laugh at this! I actually faced this judge in court a number of times when I was a cop and she was a public defender. I got a guy sent to prison for 15 years against her for rape. Later, I grew to like and respect her , but now she's in some deep pooh!

Mike MacGuffin
Mike MacGuffin

For official complaints

State of Arizona
Commission on Judicial Conduct
1501 W. Washington Street, Suite 229
Phoenix, Arizona 85007

http://www.azcourts.gov/Portals/37/Complaint%20form%20revised%2011-16-10.pdf

LegalRealist
LegalRealist

So let me get this straight...our taxes are higher in Flagstaff to pay for an increased police presence. And this is how they treat us. We shouldn't go to the bars? For the price we are paying, they should be serving us drinks when we get arrested!

Bob
Bob

First of all Realist, get real. Taxes in Flagstaff and Coconino County are some of the lowest in the state. Secondly, Flagstaff as a city does not allocate the number of DPS who are assigned here. For your information, the police, FPD are the ones who arrested this guy, put the case together with the County Attorney and testified on behalf of the state. Evans worked for DPS. Sounds like you got your moneys worth in this case. Don't let the facts influence you though.

Speak For Yourself
Speak For Yourself

A hypocrite that who "Judge" Jacqueline Hatch is. She herself bore children out of wedlock (not vigilant) and had a daughter doing the same thing (not vigilant) and now she is telling a victim that its her fault for being somewhere....Speak for yourself "Judge".

OneWomanWest
OneWomanWest

Judge J. Hatch,
SHAME ON YOU.
Rosemary Lamberson

Kelly Blue
Kelly Blue

Cop or not, this is sexual abuse. Plain and simple, his actions meet the definition. He defined his own life by becoming an officer of the law. He took an oath to serve and protect. He must be held accountable to a higher standard than an average citizen! Losing his home, job, and community respect...its deserved! He ruined his own character and thank God DPS has more sense than judge Hatch. A judge should NEVER "lecture" a VICTIM...citing her own mother's faulty logic? How backwards is this?!?!

ex flagstonian
ex flagstonian

This entire case was blown way out of proportion from the onset. A far as Judge Hatch, I know her personally and she is a very intelligent and caring human being. All of you people saying all of these horrible things about her should be ashamed of yourselves! As far as having children out of wedlock, the last time I checked that was not against the law! Grow up! The DPS Officer lost his certification, that is punishment! All of you are unbelievable!

SheCriedWolf
SheCriedWolf

Apologize for something that has been taken the wrong way and now blown WAY out of proportion??? Every year there is a "Take back the Night" march in Flagstaff because we know that sexual assault is a problem, and women being out alone at night need to be vigilant (even going to the grocery store at 10pm). You can't fix a problem until you admit there is one and Judge Hatch was doing just that. You can't control anyones actions other than your own so look out for yourself. Good advice for all

FlagstaffBorn80
FlagstaffBorn80

So the Judge apologized I see... too late. Glad to see this is headline news on MSN.com with the Judge's face clearly seen by the world for what she said.
I am doing everything I can to get as many signatures for her resignation.

mouse1955
mouse1955

I remember about 18 years ago when someone was charged with a "class D felony", a friend of mine, he, too was charged with the same thing. difference is- he was put in jail for 4 months, had to register as a sex offender, and then was told not to go anywhere the victim. So happens, the victim was his girlfriend, it wasn't a sexual assault, and yet this idiot gets off on probation? doesn't have to register as a sex offender? this is called "It's not who you know..." "favoritism" to DPS

mouse1955
mouse1955

I can't even post a comment? when I was jailed for the same thing 18 years ago I had to register. Why not a DPS officer? What makes them so special?

JWDH
JWDH

The judge just stated the reality of our world....you all don't like it. But the facts are that women are assaulted in the evening and so they need to be alert. That is what the judge said and she is right.

flagstaffpolitics
flagstaffpolitics

Has this inept judge somehow given grounds for an appeal that will let this criminal sexual abuser completely off the hook?

Think First
Think First

Hey Mr. Betz - I read news regularly, and i have NEVER seen a print reporter quote an online commenter as a source. Seems a bit lazy. Why not grab your notepad, or whatever, and talk to some actual people willing to use their REAL name?

billraley
billraley

I am former Bailiff and spent some time in her courtroom-always a professional but I just can't see past this one-certainly with this comment she should resign. PS Judge Lodge got screwed and you should think very long and hard about who was behind that move before casting a ballot. There should have been just as big an outcry over that as there is with this.

meowmeowmeowmeo
meowmeowmeowmeo

why did this man believe that his behavior was not a serious action? maybe because of the old way of thinking is still unchanged. women are always asking for it.

KailaRain
KailaRain

A woman was robbed at gunpoint outside a store at 8:00 am in the morning not too long ago. Maybe women should be aware of the dangers of going to a store in the daylight too! Why not put the blame firmly on the criminals not the victims? It is one thing to tell women to be aware of their surroundings and to take basic common sense precautions but a whole other to basically tell someone they shouldn't go to a bar unless they want to be assaulted.

HJohnston
HJohnston


Neither Judge Hatch or police officers (Tewes, Evans) should be allowed any excuses. They are in a position of power and hold public trust.They have a nethical duty to do their jobs and are held to high standards of public trust- comes with the job. With this said, I think the comments by Hatch, the actions of the officers are indefensible. If you had any judge that was so opinionated, can you expect a fair hearing? I think all three should be held fully accountable and be given excuses

Sunny
Sunny

A class at the victims witness office may be in order for Judge Hatch and other judges that believe it is ever a woman's fault that she is a survivor of a rape or asault ! Thank you ADS for covering the story publicly and FPD for follow up.

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