The Record of Judge Sonia Sotomayor on Critical Legal Rights for Women: Other Issues That Have an Impact Women's Rights: Domestic Abuse and Violence Against Women

Judge Sotomayor's Legal Record: Other Issues That Have an Impact on Women's Rights

July 2009

Domestic Abuse and Violence Against Women

In United States v. Giordano,[1] a former mayor was charged with civil rights violations for acting under color of law to deprive children of their right to be free from sexual abuse. During the mayor's time in office, he had induced a female companion with whom he had a sex-for-money arrangement to bring her underage child and niece to him for sexual encounters. Judge Sotomayor's majority opinion affirmed the district court's holding that the mayor had invoked the power of his office to sexually abuse the children and keep them in fear so they would not tell anyone. In response to the dissent, which argued that the mayor did not act under the color of state law, Judge Sotomayor wrote: "The jury could very easily have concluded that the statements by Giordano that Jones would go to jail was more than a warning and that Giordano's threat carried far more weight than would a threat from a civilian customer . A mayor with manifest authority over the city's police has vastly more credibility in threatening prosecution."[2] In this case, Judge Sotomayor's decision finding that the mayor's official position enabled him to abuse the children was amply supported by precedent, and showed a real-world understanding of the coercive influence that a government official may exercise upon citizens.

[1] 442 F.3d 30 (2d Cir. 2006). Judge Sotomayor was asked about a Commerce Clause challenge in this case at her confirmation hearing, but did not discuss the