Los Angeles Daily News, CA
March 3 2007
Fernando Award winner Arabian earns praise
BY RICK COCA, Staff Writer
Article Last Updated: 03/02/2007 10:11:32 PM PST
UNIVERSAL CITY – In 1973, then-Superior Court Judge Armand Arabian
stared down a sexist mandate that required he inform a jury to
consider a woman’s rape claim with caution and decided enough was
enough.
The requirement had been in effect in California since 1856 and was
inspired by the 16th-century commentary of an English judge.
"How can I in good conscience say (to a jury), `Rape is an allegation
easily made’?" Arabian said.
So he didn’t.
Although he called his decision to not give jurors in the Rincon-Pi
eda case the legally required instruction an "act of judicial
heresy," that moment of rebellion led to the California Supreme Court
voting unanimously to revoke the antiquated guideline.
Following that decision, Arabian became one of the pre-eminent
rape-law reformers in the country, introducing legislation to protect
victims’ rights.
For that and other efforts, including a six-year stint as a
California Supreme Court justice, Arabian was named the 2006 Fernando
Award winner, given out annually to the San Fernando Valley’s
outstanding volunteer.
About 250 people attended the 48th annual dinner Friday night at the
Sheraton Universal in Arabian’s honor, including attorneys Gloria
Allred and master of ceremonies Robert Shapiro, who helped win an
acquittal for O.J. Simpson.
"He’s unique among the judges because not only did he enforce the law
as a Superior Court judge, interpret the law as a Supreme Court
justice, but in a landmark decision, changed the law for rape
victims," Shapiro said.
Arabian said his efforts to improve women’s rights in rape and sexual
assault cases were inspired by hearing family stories as a child
about the horrors of the Armenian Genocide in 1915, particularly the
sexual abuses suffered by women at the hands of Turks and Kurds.
"Some women were made slaves, others were raped and some women had
their babies bayoneted while still in the womb," he said. "And that
wound is still in my heart today. … I had it in my head that I
would be sensitive to the `unrightable wrong’ (of rape), and
Rincon-Pi eda was that opportunity."
Los Angeles City Councilwoman Wendy Greuel called Arabian "more than
a judge."
"He’s been a community activist," she said. " … He’s a role model
for the people in the San Fernando Valley."
Brad Rosenheim, president of the Fernando Award Foundation, said
Arabian is more than deserving of the award.
"He has a long, long history of involvement in the San Fernando
Valley in a number of different causes as a volunteer going beyond
his judgeship," Rosenheim said.
Each year, selecting the winner can prove difficult for the more than
100 potential voters because the finalists are always so deserving,
he said.
"One of the truly unique things about the San Fernando Valley is it’s
a large community, but it has a very local nature," Rosenheim said.
"And I think one of the reasons that’s the case is there are so many
people who put in time and effort to make it such a special place,
and that’s what we try to promote."