Page 1 of 2 12 LastLast
Results 1 to 25 of 49

Thread: Girl could face jail time for tweeting names of her rapists

  1. #1
    God/dess Athenathefabulous's Avatar
    Joined
    Feb 2009
    Location
    Istanbul, Turkey
    Posts
    3,724
    Thanks
    1,381
    Thanked 2,975 Times in 1,158 Posts

    Default Girl could face jail time for tweeting names of her rapists

    http://www.news.com.au/breaking-news...-1226432133291

    ugh, yet again i am disgusted by what happens when girls try to get justice for being assaulted. Summary: 2 guys raped a 17 y/o girl while she was passed out at a party and videotaped it and circulated it online. She pressed charges, they were found guilty of first degree sexual assault and misdemeanor voyeurism, and they did a plea bargain where they only got off with a slap on the wrist. She tweeted their names and now faces a trial for being found in contempt of the court (she was told not to).

    wtf. sounds like this judge is trying to have a pissing contest here. I fucking hate the way courts handle rape cases. And people wonder why girls don't try to press charges more often when something does happen to them...
    The best thing i have heard in a strip club to date:
    customer: we should get married right now! we should get a shotgun marriage!
    me: uhh... i think you are misunderstanding what a shotgun marriage means. A shotgun marriage means you knock me up and my daddy shows up at your door with a gun and forces you to marry me and raise the baby. You mean elope.
    customer: hmm... nah actually i will take the shotgun marriage. At least then we would be having sex.


  2. The Following 2 Users Say Thank You to Athenathefabulous For This Useful Post:


  3. #2
    God/dess cherryblossomsinspring's Avatar
    Joined
    Nov 2010
    Posts
    3,244
    Thanks
    2,454
    Thanked 4,800 Times in 1,707 Posts
    My Mood
    Angelic

    Default Re: Girl could face jail time for tweeting names of her rapists

    The best way to handle this bullshit is to have all women tweet their names.... Can't arrest millions of people can they?? There will always be court room justice failures that's when it's time for world justice wins!!

    You can even add : I will follow anyone who tweet theses little shits. Make it a trending topic so everyone talks about it. Still can't believe two boys raped a girl , video tapped it, and shared it yet were able to get off without jail time but you can go to jail for too many tickets?? This is so ass backwards.

    It's like this poor girl is being raped all over again and being silenced.

    We can all be her voice...

  4. The Following 4 Users Say Thank You to cherryblossomsinspring For This Useful Post:


  5. #3
    Senior Member Well's Avatar
    Joined
    Jul 2012
    Location
    Toronto
    Posts
    131
    Thanks
    25
    Thanked 30 Times in 24 Posts
    My Mood
    Yeehaw

    Default Re: Girl could face jail time for tweeting names of her rapists

    Quote Originally Posted by Athenathefabulous View Post
    http://www.news.com.au/breaking-news...-1226432133291

    ugh, yet again i am disgusted by what happens when girls try to get justice for being assaulted. Summary: 2 guys raped a 17 y/o girl while she was passed out at a party and videotaped it and circulated it online. She pressed charges, they were found guilty of first degree sexual assault and misdemeanor voyeurism, and they did a plea bargain where they only got off with a slap on the wrist. She tweeted their names and now faces a trial for being found in contempt of the court (she was told not to).

    wtf. sounds like this judge is trying to have a pissing contest here. I fucking hate the way courts handle rape cases. And people wonder why girls don't try to press charges more often when something does happen to them...

    They could have used tor or live cd tails. Make a new email account with on the tor network then create a new twitter account. You can never be traced that way as long you use the tor network. Yeah it is sad people get away with it.
    Evil is always devising more corrosive misery through man's restless need to exact revenge out of his hate. Ralph Steadman

  6. #4
    Senior Member
    Joined
    Jun 2012
    Posts
    190
    Thanks
    15
    Thanked 147 Times in 76 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    the best thing to do is to move on. all the while she does this the guys are still raping her. take a look at a website belonging to a friend of a friend. she was raped when she was a child, found enormous strength, has done amazing things in her life, and her story is soon to be made into a film called "counting backwards" she made a decision not to let him ruin her life.

    http://michellefightingback.co.uk/

    and this one is not something that is for everyone, and i dont know if i could do it, but this guy actually forgave the guy who abused him when he was a child. he made a decision, on the day he bumped into him as an adult, that he wasnt going to keep fucking him! www.geoffthompson.com

    btw, forgiving isnt the same as letting someone off. everyone has to pay for their deeds. in the case of the bloke above, about a year after geoff bumped into him, and forgave him, the abuser committed suicide, as he heaped all the crap back on him by forgiving him. he even made a short film based on this called romans 12:20 https://vimeo.com/10904113

  7. #5
    Banned
    Joined
    Jul 2005
    Posts
    11,037
    Thanks
    1,891
    Thanked 5,124 Times in 3,086 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    Disgusting. So in reality she might end up serving more jail time then these pieces of scum. How in the hell did they not get jail time? The justice system is disgusting and eveyone should tweet their names AND addresses and maybe someone with a gun will show up and really inflict true justice.

    I've said it before but victims especially rapes and abuse hardly ever see justice. This is why rape victims don't want t press charges because they are often victimized again.

  8. #6
    Banned Melonie's Avatar
    Joined
    Jul 2002
    Location
    way south of the border
    Posts
    25,932
    Thanks
    612
    Thanked 10,563 Times in 4,646 Posts
    Blog Entries
    3
    My Mood
    Cynical

    Default Re: Girl could face jail time for tweeting names of her rapists

    Summary: 2 guys raped a 17 y/o girl while she was passed out at a party and videotaped it and circulated it online. She pressed charges, they were found guilty of first degree sexual assault and misdemeanor voyeurism, and they did a plea bargain where they only got off with a slap on the wrist. She tweeted their names and now faces a trial for being found in contempt of the court (she was told not to).

    As 'perverted' as the justice system can be in regard to sex crimes, the fact remains that the plaintiffs were offered a 'deal' by the prosecution which involved a voluntary guilty plea to lesser charges in exchange for limited public disclosure - and the 'alleged' rape victim 'blew up' said deal. The prosecution probably would not have offered this 'deal' in the first place if they were confident that a conviction could have been obtained in an open trial. Like it or not, the public image of women claiming rape has been severely damaged by the Duke Lacrosse case, the Kobe Bryant case, the Dominic Strauss-Kahn case etc. - to the point where typical members of US juries must now consider the possibility that the 'alleged' rape victim may have ulterior motives for levelling such charges.

    Ironically, the girl's actions may have in fact opened the legal door for setting aside the 'plea bargain' ... resulting in a highly publicized retrial, where the girl's 'sexual history' can be investigated and disclosed, possibly resulting in a finding of innocence ... which could allow the two 'alleged' rapists to 'walk' !!!

  9. #7
    Member
    Joined
    Mar 2011
    Posts
    66
    Thanks
    102
    Thanked 83 Times in 38 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    Will Frey, Austin Zehnder f*ck them both

  10. The Following 7 Users Say Thank You to Cherished For This Useful Post:


  11. #8
    Veteran Member
    Joined
    Dec 2007
    Posts
    308
    Thanks
    19
    Thanked 176 Times in 82 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    Or perhaps, by being open about what happened, she could start a dialogue about blaming a woman based on her sexual history,manner of dress, level of intoxication etc. The law is not necessarily right, and it won't change until enough people protest.

  12. The Following 5 Users Say Thank You to shy1 For This Useful Post:


  13. #9
    Veteran Member
    Joined
    Mar 2008
    Location
    Michigan
    Posts
    464
    Thanks
    229
    Thanked 285 Times in 159 Posts
    My Mood
    Amused

    Default Re: Girl could face jail time for tweeting names of her rapists

    Announced today that lawyers for her attackers withdrew their request to have her charged for making the names public knowledge so it appears there will not be any charges filed against her. On line petition supporting her received over 50,000 signatures over a 24 hour period.

  14. The Following 7 Users Say Thank You to Raider For This Useful Post:


  15. #10
    God/dess Athenathefabulous's Avatar
    Joined
    Feb 2009
    Location
    Istanbul, Turkey
    Posts
    3,724
    Thanks
    1,381
    Thanked 2,975 Times in 1,158 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    yep, read that, thank god.

    i think our legal system is seriously fucked when it comes to sexual assault. actually, its pretty bad everywhere (in turkey now, had a friend who was assaulted by a cab driver and she is going through the whole 'blame the victim' situation when reported it to the police).

    maybe western europe has their shit together on this more htan we do?
    The best thing i have heard in a strip club to date:
    customer: we should get married right now! we should get a shotgun marriage!
    me: uhh... i think you are misunderstanding what a shotgun marriage means. A shotgun marriage means you knock me up and my daddy shows up at your door with a gun and forces you to marry me and raise the baby. You mean elope.
    customer: hmm... nah actually i will take the shotgun marriage. At least then we would be having sex.


  16. #11
    Banned Melonie's Avatar
    Joined
    Jul 2002
    Location
    way south of the border
    Posts
    25,932
    Thanks
    612
    Thanked 10,563 Times in 4,646 Posts
    Blog Entries
    3
    My Mood
    Cynical

    Default Re: Girl could face jail time for tweeting names of her rapists

    Quote Originally Posted by Raider View Post
    Announced today that lawyers for her attackers withdrew their request to have her charged for making the names public knowledge so it appears there will not be any charges filed against her. On line petition supporting her received over 50,000 signatures over a 24 hour period.

    ... but what isn't being publicized is the lawyer for her attackers subsequently filing a court brief to have the 'plea bargained' sentence set aside, on the grounds that the terms of that 'plea bargain' were not upheld by the court having jurisdiction over the case ( a fact that is now on public record thanks to the defendant's 'illegal' disclosure of the attackers' names and the filing of a court complaint - now withdrawn - making the defendent's 'illegal' disclosure a part of the court record ). This will leave the DA / judge with two choices ... drop the charges and let the attackers 'walk', or attempt to re-try them in open court - with the defendant's sexual history / manner of dress / alcohol or drug use etc. being made public. I'll bet you that the judge / DA will opt to let the attackers 'walk' with 'time served', rather than reopen the case and endure another round of embarrassing publicity.

  17. #12
    Banned
    Joined
    Dec 2008
    Location
    Vegas, Baby!
    Posts
    2,136
    Thanks
    2,464
    Thanked 1,174 Times in 619 Posts
    My Mood
    Fine

    Default Re: Girl could face jail time for tweeting names of her rapists

    Any time I see anything like this, I can only think that if our court system wants to reduce vigilante justice, they should seriously rethink the way sexual assault of all kinds - especially toward women - is currently handled. 'Cuz methinks if I lived nearby and knew the girl, those boys would be BEGGING for the safety of a jail cell.

    On the other hand - I have been falsely accused of rape/attempted rape 3 times, so I get the other side of the coin as well. I think the penalties for falsely accusing someone should be right up there with committing the crime.

    In one of these instances, the girl had a bunch of gang-banger friends of hers after me for weeks for "trying to rape her'. We were on a date, she was being very forward all night. She invited me in. I kissed her neck - that was the extent of the physical contact all night. She leaned into me, I kissed her neck, she continued to lean into me - then freaked out and screamed bloody murder and kicked me out of the house. Figured out 30 minutes later that while leaning into me and being kissed, she had lifted $40 from my back pocket (she thought I had a lot more on me and was right - she got the wrong pocket) - the rape scream was to get me out of there 'cuz she'd just robbed me. And yet she stuck to her story and had people after me. It took me showing up to her place with someone who knew her when I knew she was throwing a party with these same assholes who were after me there and confronting her in front of them to get her to back down. I even got my $40 back when I threatened to get the cops involved. :rolleyes:

    Another one almost got me on the sex offender list when an underage girl wrote fantasies about me in her diary and her grandmother found them and got the police involved. Not only had I never done anything with this girl, I didn't even know she liked me! SHE wasn't the problem - her grandmother would NOT drop that shit. Even when the police told her that their investigation uncovered zero indication that the entries were anything other than "creative writing", she tried to get a civil case started against me.

    This shit can ruin people's lives.

    This shouldn't be dropped. Just because the lawyers came to an agreement doesn't mean the tweeting should stop or that this should drop from public awareness. The petition should continue and pressure applied until these pricks are behind bars and the judges involved called into question.

  18. #13
    Veteran Member queenelayliah's Avatar
    Joined
    Jul 2012
    Location
    You wish you knew
    Posts
    696
    Thanks
    526
    Thanked 1,096 Times in 430 Posts
    My Mood
    Tired

    Default Re: Girl could face jail time for tweeting names of her rapists

    This is soo sad and tragic and I also agree with jaded anyone who falsely accuses someone of rape so also get jail time. I hate how this government always try to cover up bad things and pretend like everything is ok and they punish the bad guys.im so sick of this crap.
    Check Out My Site: Whispers of a whore




    I would love feedback on my website send me a private message.

  19. #14
    God/dess Athenathefabulous's Avatar
    Joined
    Feb 2009
    Location
    Istanbul, Turkey
    Posts
    3,724
    Thanks
    1,381
    Thanked 2,975 Times in 1,158 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    the problem with jailtime for girls falsely accusing rape, is if a girl calls the police on a guy who IS guilty but the evidence is not enough in court or he just has a much better lawyer and he is found not guilty, then the guy who raped her can turn around and prosecute her. So then, not only has she been raped, but she is going to face the possibility of being jailed.

    its innocent till proven guilty. the burden of proof is on the girl. Girls have enough to worry about with proving their attackers did what they did and getting victimized again in court (you think it is going to be easy for a girl who has been raped to deal with questions that the defendent's lawyer will have basically trying to blame the victim and make her out to be a huge slut?)

    in a perfect system where any rape case produced an accurate verdict, then yes. false accusers should get in trouble. but reality is, the system is not in favor of the victim. Something like this would just prevent even more girls from reporting the rapes.

    also, i think very few girls are actually willing to charge a guy with rape unless she was actually raped. I think the percentage of false accusers is probably a lot lower than the percentage of guilty men who are found 'not guilty' in court.
    The best thing i have heard in a strip club to date:
    customer: we should get married right now! we should get a shotgun marriage!
    me: uhh... i think you are misunderstanding what a shotgun marriage means. A shotgun marriage means you knock me up and my daddy shows up at your door with a gun and forces you to marry me and raise the baby. You mean elope.
    customer: hmm... nah actually i will take the shotgun marriage. At least then we would be having sex.


  20. The Following 2 Users Say Thank You to Athenathefabulous For This Useful Post:


  21. #15
    Banned Melonie's Avatar
    Joined
    Jul 2002
    Location
    way south of the border
    Posts
    25,932
    Thanks
    612
    Thanked 10,563 Times in 4,646 Posts
    Blog Entries
    3
    My Mood
    Cynical

    Default Re: Girl could face jail time for tweeting names of her rapists

    the problem with jailtime for girls falsely accusing rape, is if a girl calls the police on a guy who IS guilty but the evidence is not enough in court or he just has a much better lawyer and he is found not guilty, then the guy who raped her can turn around and prosecute her. So then, not only has she been raped, but she is going to face the possibility of being jailed.
    This is really the 'larger issue' behind the alleged rapists' attorney's filing protesting the alleged rape victim's 'illegal' publication of the rapists names. US Constitutional Law says that every person accused of a crime has the right to face their accuser. Yet a bunch of laws have been passed to supposedly 'protect' alleged rape victims from full public scrutiny. This arguably places defendents accused of rape in a very disadvantageous position. Also, other laws are now in effect which effectively cause the mere accusation of rape to have immediate and potentially irreversible negative effects on the ( falsely )accused - even if they are officially found innocent of the charges a la the Duke LaCrosse guys. What is their real recourse against their false accuser for effectively denying them 40 years worth of high income as a result of every top shelf potential employer discovering the rape charges via internet searches ?

    Defense attorneys are increasingly making jury members aware of these 'facts' ... which in turn is making the ability of DA's to obtain convictions in the absence of third party / 'hard' evidence more and more unlikely. And this is especially the case if the alleged rape victim has any sort of history involving 'adult entertainment' ... because defense attorneys will not fail to bring up 'stripper stereotype' issues regarding the accuser ( even if they aren't actually true - the girl can't PROVE they aren't true ). This is the probable reason that, in this particular case, the DA opted to offer a 'plea bargain' deal with non-disclosure being part of the deal. It is also the reason that the accused rapists in this particular case are highly likely to be allowed to 'walk' as a result of the victim's illegal breach of the non-disclosure ... since that illegal disclosure will now, like the Duke LaCross defendants, negatively impact them for the rest of their lives ... even though they were never actually found guilty in a court of law.
    Last edited by Melonie; 07-30-2012 at 03:45 AM.

  22. #16
    God/dess
    Joined
    Sep 2006
    Posts
    7,964
    Thanks
    6,155
    Thanked 10,183 Times in 4,602 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    ^^^ There is zero proof of anything you said.

  23. #17
    God/dess
    Joined
    Sep 2006
    Posts
    7,964
    Thanks
    6,155
    Thanked 10,183 Times in 4,602 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    Quote Originally Posted by Melonie View Post
    Yet a bunch of laws have been passed to supposedly 'protect' alleged rape victims from full public scrutiny.
    Please specify these laws.

  24. #18
    Banned Melonie's Avatar
    Joined
    Jul 2002
    Location
    way south of the border
    Posts
    25,932
    Thanks
    612
    Thanked 10,563 Times in 4,646 Posts
    Blog Entries
    3
    My Mood
    Cynical

    Cell Phone Re: Girl could face jail time for tweeting names of her rapists

    Quote Originally Posted by eagle2 View Post
    ^^^ There is zero proof of anything you said.

    Oh Please !!!

    It is a FACT that the ( falsely ) accused Duke Lacross players filed multiple civil lawsuits after being exonorated of the ( false ) charges - including lawsuits against the City gov't and DA's office - in an attempt to recover monetary damages to their future careers. The terms of the settlement(s) were not disclosed, but based on initial amounts listed in the lawsuits, settlements most likely were in the size range of tens of millions of dollars.

    It is a FACT that district attorney Mike Nifong wound up both disbarred and bankrupt.

    It is a FACT that DA's offices across the country conducted 'strategy sessions' in the aftermath of the Duke LaCrosse case which emphasized the new legal and monetary 'risk' that DA's offices ( and the City Gov'ts funding / directing those DA's offices ) now face when they prosecute rape charges that lack 3rd party corroboration / 'hard' evidence and are solely based on the testimony of the supposed rape victim plus circumstantial evidence.

    It cannot be proven, but is highly likely, that such 'strategy sessions' led to the local DA offering a plea bargain deal in this specific case instead of a full prosecution in open court.

    It is a FACT that the plaintiff violated the terms of that plea bargain by disclosing the names of the defendants in direct violation of the terms of the plea bargain agreement. It is also a FACT that the plaintiff's actions are now a part of public court record as the result of the defendants' attorney's complaint filing regarding the plaintiff's actions. This does not change if the attorney subsequently withdrew the request for prosecution included in the complaint.

    It is a FACT that plea bargain agreements and settlement agreements are legally treated as 'contracts' ... where both parties agree to certain terms in exchange for certain considerations. In this specific case, the alleged rapists voluntarily agreed to 'admit guilt' to a lesser charge in exchange for a de-facto 'gag order' preventing the charge / 'admission of guilt' from being made public, thus limiting future negative impact. The plaintiff 'aborted' the terms of the agreement after the fact, depriving the defendants of the limited future negative impact they were promised in exchange for their voluntary 'guilty' plea, thus providing legal grounds for the defendants to withdraw their voluntary 'admission of guilt' to lesser charges and 'abort' the plea bargain agreement altogether.

    It is also a FACT that the defendants in this particular case were not PROVEN guilty in a court of law. It cannot be proven, but is highly likely, that the defendants are not going to be amenable to entering into another plea bargain agreement given that the terms of the previous plea bargain agreement were breached. It is also a FACT that if the plea bargain agreement and defendants' voluntary 'admission of guilt' is abrogated, that absent a finding of PROOF of guilt the gov't has no right to continue holding the defendants in custody.

    Thus it is also a FACT that if the defendants' voluntary 'admission of guilt' to lesser charges is abrogated as a result of the plaintiff's public disclosure after the fact which violated the terms of the plea bargain agreement, that the DA will face a choice of A. letting the defendants 'walk', or B. attempting to (re)try them for the original charges in open court ( with ensuing media circus )


    As to specific laws / policies regarding anonymity provisions for alleged rape victims, there are literally hundreds of different state laws / policies in this regard

    see

    arguably, all of these laws are based on a somewhat recent Supreme Court case ...

    (snip)"A rape often leaves a woman with a long term if not permanent impact on life. Not only is the reporting of and testifying to the rape an emotionally painful experience, but the further dissemination of information by the media intensifies these harms. The Supreme Court has weighed the important privacy concerns of the victim against the legitimate interests of the media in reporting newsworthy events in two key cases: Cox Broadcasting Corp. v. Cohn and Florida Star v. B.J.F. Although the Court took a stance against limiting news stories relying on public documents in Cox Broadcasting, it did leave open the possibility of valid state sanctions against disclosure of the names of sexual assault victims prior to trial in Florida Star. The authors take the view that states should adopt narrowly and carefully written statutes designed to provide true protection for victims, while still not unduly interfering with the legitimate concerns of the media. Ending with a proposed statute, the authors conclude that states can protect victims from hurtful disclosures, encourage those victims to come forward, and continue to not unduly limit the public’s First Amendment right to know."(snip)
    Last edited by Melonie; 07-30-2012 at 10:42 AM.

  25. #19
    God/dess
    Joined
    Sep 2006
    Posts
    7,964
    Thanks
    6,155
    Thanked 10,183 Times in 4,602 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    Quote Originally Posted by Melonie View Post
    Oh Please !!! http://www.talkleft.com/section/dukelacrosse

    It is a FACT that the ( falsely ) accused Duke Lacross players filed multiple civil lawsuits after being exonorated of the ( false ) charges - including lawsuits against the City gov't and DA's office - in an attempt to recover monetary damages to their future careers. The terms of the settlement(s) were not disclosed, but based on initial amounts listed in the lawsuits, settlements most likely were in the size range of tens of millions of dollars.
    You said they will be denied "40 years worth of high income". You have no proof of that. Please cite examples, where the Duke Lacross players applied for high paying jobs, and the employer told them, "we're not going to hire you because you were falsely accused of rape".

    Quote Originally Posted by Melonie View Post
    It is a FACT that district attorney Mike Nifong wound up both disbarred and bankrupt.
    You never said anything about Mike Nifong in your post.

    Quote Originally Posted by Melonie View Post
    It is a FACT that DA's offices across the country conducted 'strategy sessions' in the aftermath of the Duke LaCrosse case which emphasized the new legal and monetary 'risk' that DA's offices ( and the City Gov'ts funding / directing those DA's offices ) now face when they prosecute rape charges that lack 3rd party corroboration / 'hard' evidence and are solely based on the testimony of the supposed rape victim plus circumstantial evidence.
    Please show your proof.

    Quote Originally Posted by Melonie View Post
    It cannot be proven, but is highly likely, that such 'strategy sessions' led to the local DA offering a plea bargain deal in this specific case instead of a full prosecution in open court.
    There is zero proof of this. The article states the boys allegedly videotaped the incident. If that is true, there is 'hard' evidence.

    Quote Originally Posted by Melonie View Post
    It is a FACT that plea bargain agreements and settlement agreements are legally treated as 'contracts' ... where both parties agree to certain terms in exchange for certain considerations. In this specific case, the alleged rapists voluntarily agreed to 'admit guilt' to a lesser charge in exchange for a de-facto 'gag order' preventing the charge / 'admission of guilt' from being made public, thus limiting future negative impact. The plaintiff 'aborted' the terms of the agreement after the fact, depriving the defendants of the limited future negative impact they were promised in exchange for their voluntary 'guilty' plea, thus providing legal grounds for the defendants to withdraw their voluntary 'admission of guilt' to lesser charges and 'abort' the plea bargain agreement altogether.
    The rape victim did not agree to anything.

    Quote Originally Posted by Melonie View Post
    It is also a FACT that the defendants in this particular case were not PROVEN guilty in a court of law. It cannot be proven, but is highly likely, that the defendants are not going to be amenable to entering into another plea bargain agreement given that the terms of the previous plea bargain agreement were breached. It is also a FACT that if the plea bargain agreement and defendants' voluntary 'admission of guilt' is abrogated, that absent a finding of PROOF of guilt the gov't has no right to continue holding the defendants in custody.
    They were proven guilty. The fact that they pled guilty is proof. There is zero proof of anything in your above quote.

    Quote Originally Posted by Melonie View Post
    Thus it is also a FACT that if the defendants' voluntary 'admission of guilt' to lesser charges is abrogated as a result of the plaintiff's public disclosure after the fact which violated the terms of the plea bargain agreement, that the DA will face a choice of A. letting the defendants 'walk', or B. attempting to (re)try them for the original charges in open court ( with ensuing media circus )
    You have zero proof of this.

    Quote Originally Posted by Melonie View Post
    As to specific laws / policies regarding anonymity provisions for alleged rape victims, there are literally hundreds of different state laws / policies in this regard

    see http://womensenews.org/STORY/LAW/110...-law-not-shame

    arguably, all of these laws are based on a somewhat recent Supreme Court case ...

    (snip)"A rape often leaves a woman with a long term if not permanent impact on life. Not only is the reporting of and testifying to the rape an emotionally painful experience, but the further dissemination of information by the media intensifies these harms. The Supreme Court has weighed the important privacy concerns of the victim against the legitimate interests of the media in reporting newsworthy events in two key cases: Cox Broadcasting Corp. v. Cohn and Florida Star v. B.J.F. Although the Court took a stance against limiting news stories relying on public documents in Cox Broadcasting, it did leave open the possibility of valid state sanctions against disclosure of the names of sexual assault victims prior to trial in Florida Star. The authors take the view that states should adopt narrowly and carefully written statutes designed to provide true protection for victims, while still not unduly interfering with the legitimate concerns of the media. Ending with a proposed statute, the authors conclude that states can protect victims from hurtful disclosures, encourage those victims to come forward, and continue to not unduly limit the public’s First Amendment right to know."(snip)
    You did not cite any laws. Your article states, "the Court took a stance against limiting news stories".

    There are no laws that prevent the accused from facing their accuser. The Constitution refers to a court of law, not the press.

  26. #20
    Banned
    Joined
    Dec 2008
    Location
    Vegas, Baby!
    Posts
    2,136
    Thanks
    2,464
    Thanked 1,174 Times in 619 Posts
    My Mood
    Fine

    Default Re: Girl could face jail time for tweeting names of her rapists

    While I have, as previously stated, been falsely accused and take a strong stance on that issue, in this case the morons TOOK VIDEO and POSTED IT PUBLICLY ON THE INTERNET. I fail to see how her tweeting their names does any more harm than them posting video of the act...

  27. #21
    Veteran Member annabellz's Avatar
    Joined
    Feb 2011
    Posts
    383
    Thanks
    14
    Thanked 800 Times in 260 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    In cases of rape there is no plaintiff. Its not a civil suit. Its a criminal case. Its just the defendant or defendants and the DA. Whatever deal was made was done between the DA and the defendants. Eagle2 is correct in saying the girl did not agree to anything.

  28. The Following User Says Thank You to annabellz For This Useful Post:


  29. #22
    Veteran Member The Six's Avatar
    Joined
    Feb 2009
    Location
    San Fernando Valley
    Posts
    499
    Thanks
    4
    Thanked 481 Times in 205 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    Quote Originally Posted by Athenathefabulous View Post
    the problem with jailtime for girls falsely accusing rape, is if a girl calls the police on a guy who IS guilty but the evidence is not enough in court or he just has a much better lawyer and he is found not guilty, then the guy who raped her can turn around and prosecute her. So then, not only has she been raped, but she is going to face the possibility of being jailed.)
    I don't think they would jail the accuser because of a lack of evidence. Even for the American judicial system that makes no sense.

  30. #23
    Veteran Member annabellz's Avatar
    Joined
    Feb 2011
    Posts
    383
    Thanks
    14
    Thanked 800 Times in 260 Posts

    Default Re: Girl could face jail time for tweeting names of her rapists

    Quote Originally Posted by Athenathefabulous View Post
    the problem with jailtime for girls falsely accusing rape, is if a girl calls the police on a guy who IS guilty but the evidence is not enough in court or he just has a much better lawyer and he is found not guilty, then the guy who raped her can turn around and prosecute her. So then, not only has she been raped, but she is going to face the possibility of being jailed.
    ^^^
    no you cant typically jail an accuser.. I mean perhaps a DA might bring charges if they felt someone was pretending to be a victim to extract revenge on an otherwise innocent person.

    If a rapist is found not guilty in a criminal court, he then could try to sue the victim in a civil court for damages.

  31. #24
    Banned Melonie's Avatar
    Joined
    Jul 2002
    Location
    way south of the border
    Posts
    25,932
    Thanks
    612
    Thanked 10,563 Times in 4,646 Posts
    Blog Entries
    3
    My Mood
    Cynical

    Default Re: Girl could face jail time for tweeting names of her rapists

    from


    (snip)"Greensboro, N.C. — A federal judge is allowing three former Duke lacrosse players falsely accused of rape to pursue a civil lawsuit against the prosecutor and police investigators who handled their case.

    U.S. District Judge James Beaty ruled Thursday that the players – Reade Seligmann, Collin Finnerty and Dave Evans – can pursue claims such as malicious prosecution, concealment of evidence and fabrication of false evidence against former Durham County District Attorney Mike Nifong and a police investigator.(snip)

    (snip)"Allowed to move forward are four counts each against Nifong and Gottlieb. The counts center on whether the defendants violated the players’ rights in searching their dorm rooms and testing their DNA, whether the men made false statements in public about the unindicted players and whether the men manufactured false or misleading reports of forensic testing.

    The judge also allowed obstruction of justice claims to move forward against Duke University, university President Richard Brodhead, members of his staff and the Duke University Health System.

    Duke spokesman Mike Schoenfeld said the university will vigorously defend the case."(snip)

    (snip)"The players are seeking a jury trial and unspecified compensation for past and future economic loss, harm to their reputations, loss of privacy and other damages."(snip)


    Setting aside the incessant nit-picking and looking at the larger point, the aftermath of the Duke Lacrosse case has now created a legal precedent that DA's, police officials, local gov't / institutions etc. can potentially be held responsible for civil 'damages' incurred by falsely accused alleged rapists. Those 'damages' automatically stem from a decision by the DA to prosecute the case in the first place ... because bringing rape charges immediately leads to negative publicity which can cause 'damage' in and of itself. Self-interest as well as 'defensive' policy by local gov't / institutions now dictates that every DA apply a higher 'standard' to the quality of evidence presented by alleged rape victims which will be considered sufficient for her rape allegations to be prosecuted. You may not find this specifically codified in statutes, but is nonetheless a fact.
    Last edited by Melonie; 08-01-2012 at 03:45 AM.

  32. #25
    Banned Melonie's Avatar
    Joined
    Jul 2002
    Location
    way south of the border
    Posts
    25,932
    Thanks
    612
    Thanked 10,563 Times in 4,646 Posts
    Blog Entries
    3
    My Mood
    Cynical

    Default Re: Girl could face jail time for tweeting names of her rapists

    I fail to see how her tweeting their names does any more harm than them posting video of the act...
    It doesn't !!! And it would appear that there is extremely little doubt that the defendants in this particular case did commit rape. However, from a purely legal standpoint, that has NOT yet been established in a court of law.

    The defendants entered into a plea bargain agreement and entered a voluntary guilty plea to lesser charges in exchange for certain non-disclosure considerations. The victim's breach of those non-disclosure considerations arguably renders the plea bargain agreement null and void, and allows the defendants to withdraw their 'voluntary' plea - something which is no doubt being actively pursued by the defendant's attorney at this very moment. With the 'voluntary' plea withdrawn, the DA then faces a choice of attempting to re-try the case in open court, or letting the defendants 'walk'. Attempting to re-try the case potentially exposes the DA and other local gov't / institutions to liability for civil 'damages' if a trial jury in fact finds the defendants not guilty.

    So what are the odds of the DA securing a conviction if he pushes to re-try the case in open court ? Well, thanks to rape victim anonymity laws and policies, we really don't know - because media is not allowed to investigate the alleged rape victim. If things turn out like the Duke Lacrosse case or the Dominic Strauss-Kahn case, the alleged rape victim may turn out to have certain elements of personal history which could vastly reduce the credibility of her charges ... involvement in the 'sex' industry, alcohol / drug problems, promiscuity / HIV, who knows ?. And again thanks to rape victim anonymity laws, a full investigation of the accuser by the defendant's attorney / private investigator can't / won't take place until AFTER the DA decides to bring the accused rapists to trial. In this particular case there was no trial thanks to the plea bargain agreement.

    If the DA now chooses to move forward with a prosecution without first completely investigating the alleged victim's personal history, he is taking the risk of not only seeing the defendants 'walk' but also taking a risk of having to personally deal with subsequent civil actions on the part of the defendants which could affect the DA's own pocket / career. Also, such a complete investigation of the alleged rape victim is not without its own 'costs' to the DA's office in terms of investigator overtime pay etc. All of this leads to a new paradigm where ... absent 3rd party corroboration or 'hard' evidence ... the credibility of the accuser has become of paramount importance.

    Where SW readers of this thread are concerned, the relevant point is that ... absent 3rd party corroboration or 'hard' evidence ... if a 'stripper' or a 'camgirl' attempt to bring rape charges today, regardless of the validity of the charges, DA's are going to be less than enthusiastic about an actual prosecution.
    Last edited by Melonie; 08-01-2012 at 06:22 AM.

Page 1 of 2 12 LastLast

Similar Threads

  1. Replies: 26
    Last Post: 04-14-2012, 12:00 PM
  2. Internet Pranks That Can Get You Jail Time
    By eagle2 in forum The Lounge
    Replies: 3
    Last Post: 03-01-2011, 07:04 AM
  3. Replies: 11
    Last Post: 08-05-2010, 10:26 PM
  4. so a former colleague of mine is going to jail for a LONG time
    By mollyzmoon in forum Stripping (was Stripping General)
    Replies: 4
    Last Post: 09-10-2008, 05:53 PM
  5. Q re: weed= ??? jail time
    By christian211 in forum The Lounge
    Replies: 9
    Last Post: 04-24-2007, 03:08 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •