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Thread: Florids Judge vs Rape Survivor

  1. #26
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    Default Re: Florids Judge vs Rape Survivor

    Quote Originally Posted by miss.a.p1600 View Post
    Didn't we already have a thread with this exact topic? Anyhow, It's not the victim at fault because their trauma prevents them from acting it's Something wrong with the court system when a victim of rape or violence has to face their abuser. Why can't they be in separate rooms???
    We need to keep talking about this until it's improves. You've hit on a key part of what's wrong here. The laws written in the 16-1700s are out of touch with what we now know about the psychological impact of abuse. And they could not anticipate technological changes that make it possible to testify from another site. So instead of forcing a victim suffering from PTSD to risk a psychotic break due to the trauma of seeing their abuser, we can get testimony in a more humane way.
    “What a caterpillar calls the end of the world we call a butterfly.” - ECKHART TOLLE

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    Moderator Optimist's Avatar
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    Default Re: Florids Judge vs Rape Survivor

    Quote Originally Posted by rickdugan View Post
    Idk. I understand the judge's frustration in all of this. The state did its part in trying to protect the accuser and to put a serial abuser behind bars. When she called, they came to help her. When she told them what he did, they tried to make sure that he couldn't do it again to her or anyone else, especially since he had a history of domestic abuse. At great costs in time and expense, they placed him into custody, prepared a case against him and convened a jury to hear the case.

    The problem is that the state cannot do it by themselves. Accused people have rights, one of which is to face their accusers in court. So for the system to work, victims must help themselves by helping the state put these guys away. But when it came time to do her part, she blew it off, including a subpoena requiring her to testify. She made a few lame excuses during her contempt hearing, but she had been telling the prosecutor for over a week that she wasn't going to testify, so the judge knew that the excuses were bologna.
    Here's the thing, if you want to offer a competent, informed opinion on rape trauma, you have to actually learn about it. You're clearly ignorant but it's never too late to get informed. Your opinion reflected in this reply is a million miles from reality and reads just as hateful and vindictive as the judge.

    Something else that's missing is great cost and expense spent in protecting the accuser in these types of cases. There's not consciousness of how different these criminals, who use intimate info and situations like sharing a child, working at the same job, living in the same building, etc., are from most other criminals. There's little, to no budget for processing rape kits, much less funding for shelters and legal protections like change of social security info, state ID, relocation, etc. Cities are miles behind where they need to be to protect and aid prosecution.
    Quote Originally Posted by miss.a.p1600 View Post
    Here is her getting reprimanded

    She looks clueless like she don't gaf. Notice hair flip at 1:30.

    This is why I see the judge (like the review board) as someone far more concerned with running a power trip than a frustrated justice warrior.
    “What a caterpillar calls the end of the world we call a butterfly.” - ECKHART TOLLE

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  5. #28
    God/dess rickdugan's Avatar
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    Default Re: Florids Judge vs Rape Survivor

    Quote Originally Posted by Optimist View Post
    Here's the thing, if you want to offer a competent, informed opinion on rape trauma, you have to actually learn about it. You're clearly ignorant but it's never too late to get informed. Your opinion reflected in this reply is a million miles from reality and reads just as hateful and vindictive as the judge.

    Something else that's missing is great cost and expense spent in protecting the accuser in these types of cases. There's not consciousness of how different these criminals, who use intimate info and situations like sharing a child, working at the same job, living in the same building, etc., are from most other criminals. There's little, to no budget for processing rape kits, much less funding for shelters and legal protections like change of social security info, state ID, relocation, etc. Cities are miles behind where they need to be to protect and aid prosecution.
    I'll readily admit that I have no idea what she is going through. But I wasn't really trying to offer an opinion on her trauma. What I am saying is that her trauma is not the only thing that matters here.

    It is not supposed to be that easy to put another person in jail. That is the whole point of the constitutional protection which allows a defendant to face his accuser. We are talking about taking away someone's freedom for years, nevermind making him a convicted felon and putting him on the sex offender registry forever. In a world where a certain % of criminal allegations end up being false, including some rape allegations (nobody really knows the %s and there is a lot of debate on the topic), this constitutional right is a critical part of the process. And if you start deciding to strip accused of their rights based upon the types of crimes they are accused of you go down a slippery slope because rape is far from the only crime in which one could argue that a witness needs to be protected from re-living some trauma.

    So like it or not, victims of a crime, regardless of whether it is rape, assault or something else, need to testify if these guys are going to be put away. There's just no getting around it. So when a traumatized victim has second thoughts and decides to back out, the only options that the state has are to: (1) let the guy walk; or (2) try to compel her to testify. In this instance, the state went with option 2 and the judge punished the accuser when she didn't comply, no doubt trying to send a message to other accusers who are subpoenaed to testify. I'm guessing that the judge was frustrated by the fact that, with his track record, the accused would likely have gone away for a decent stretch if the accuser had complied with the subpoena and testified. Instead, he got 16 days for battery and now he is free to victimize her again as well as others. Is that really a better outcome than forcing her to testify, even if it hurts her emotionally to do so?

    Net-net, it's a horrible Catch 22 with no easy answer. Maybe some type of modified witness protection would help, but I have no idea whether the economics of that are remotely feasible for most states/cities.

    Anyway, I am starting to get circular, so I will bow out now before I get completely repetitive.
    Last edited by rickdugan; 09-03-2016 at 09:00 PM.

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