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Thread: Reading this made my eyes bleed.

  1. #1
    Yekhefah
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    Angry Reading this made my eyes bleed.

    Cassandra Hernandez faces indecency charges after declining to testify against one of three fellow airmen she said assaulted her.[/b]

    By David Zucchino, L.A. Times
    August 12, 2007

    POPE AIR FORCE BASE, N.C. -- In the early-morning hours of May 13, 2006, after a night of partying with fellow airmen who were mixing a potent cocktail called the Incredible Hulk, Airman 1st Class Cassandra Hernandez told authorities that three of them had raped her.

    One of the men was charged. After being questioned twice by the airman's military lawyer, Hernandez said, she felt "enormous stress" and decided not to testify.

    "The pressure of the judicial process was too much for me, and I felt like no one was looking out for my interests," Hernandez, a 20-year-old Texan, wrote in a June letter to Texas Gov. Rick Perry.

    What the Air Force did next, Hernandez and her military attorneys say, has a chilling effect on sexual assault victims: The military dropped the rape prosecution and instead charged Hernandez with committing an indecent act. The Air Force granted the three male airmen immunity for their testimony against her.

    Court-martial proceedings against Hernandez are scheduled for Sept. 24. If convicted, she could get as long as a year behind bars, a reduction in rank and a bad-conduct discharge. Her attorneys say she also could be required to register as a sex offender.

    (MORE AT LINK!)

  2. #2
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    Default Re: Reading this made my eyes bleed.

    I don't even know what to say, except who do we write/email/call about how wrong and evil this is?

  3. #3
    Yekhefah
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    Default Re: Reading this made my eyes bleed.

    This is the part that really pissed me off...

    Butler said that as he was having sex with Hernandez, "she just started crying." He said he got dressed. Hernandez, he said, "put her clothes on, grabbed her cellphone and left. She left her purse on the desk and her shoes in the room."

    Basile said he saw Butler and Hernandez sitting on the floor. When he asked her why she was crying, he said, she said "something about her being a slut."
    How fucking DARE he?!

    And I love how the Air Force figures since the sex was consensual, SHE gets charged with indecency and the three men who drank the same things and had the same sex get immunity. What the FUCK?!

  4. #4
    madmaxine
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    Default Re: Reading this made my eyes bleed.



    Dammit.

    I hope some of our ex-service dancers will weigh in here.

    This is disgusting.

  5. #5
    Veteran Member Alia_of_the_Knife's Avatar
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    Default Re: Reading this made my eyes bleed.

    WTF??!?!?!?! Is this supposed to be the United States or Saudi Arabia?

  6. #6
    cameron_keys
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    Default Re: Reading this made my eyes bleed.

    Unfortunately the military is still a big ol' boys club. I bet this sort of blatent abuse and sexism happens mych more then we know.

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    Default Re: Reading this made my eyes bleed.

    wtf? So if someone rapes you...and you decide not to testify...you're a sex offender?? This is so fucking warped...yeah who do we write/email/call to tell them they're ridiculous and can go die...


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  8. #8
    Yekhefah
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    Default Re: Reading this made my eyes bleed.

    Yeah, I read an article last year about female soldiers in Iraq who were dying of dehydration because they were afraid of being raped by their colleagues. Evidently the female bathroom was in a dark, quiet area and several women had been raped by male soldiers (yes, their fellow Americans) when they went to the bathroom at night, so these women would stop drinking liquids in the afternoon so they wouldn't have to go to the bathroom and risk being raped. And it's hot in Iraq, and several of them died of dehydration. All because they were afraid their own partners would rape them if they went to the bathroom.

    I went to high school with a beautiful girl who joined the ROTC in college and is now an officer with the Marines. She's stationed in Hawaii and she loves the service; she's got her lifetime career mapped out with it. I hope she doesn't have to deal with this shit. I guess the upper crust that gets stationed in Hawaii doesn't have the same issues as the rejects and dropouts that sign up to go to Iraq.

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    Banned gingerlee's Avatar
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    Default Re: Reading this made my eyes bleed.

    Quote Originally Posted by cameron_keys View Post
    Unfortunately the military is still a big ol' boys club. I bet this sort of blatent abuse and sexism happens mych more then we know.
    That's true, and it sucks. My sister was in the Air Force, and while I will totally admit that she is a complete fuckup, she was treated like shit by the males in her unit. They did things just to be dicks, and when she tried to say something to a person above her they basically told her to suck it up.

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    Default Re: Reading this made my eyes bleed.

    How can you trust people with your life in a combat situation when they might, almost legally be your rapist? How does that foster a good military presence anywhere? What happned to officer & a gentleman? There needs to be a whole lot of firing and arresting.

  11. #11
    God/dess Andygirl's Avatar
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    Default Re: Reading this made my eyes bleed.

    I don't understand how they can charge her with indecency. Even if she was not raped, is it against the rules for two people to have sex? If so, the guys should also be charged with indecency.

    Personally, my default is set to believing women who say they are raped. How horrible for her to go through that and then have to worry about her reputation for the rest of her life. This is just another reason why women don't want to report rape.
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  12. #12
    cameron_keys
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    Default Re: Reading this made my eyes bleed.

    Quote Originally Posted by Andygirl View Post
    I don't understand how they can charge her with indecency. Even if she was not raped, is it against the rules for two people to have sex? If so, the guys should also be charged with indecency.
    Actually in the military it kind of is. Sex between co-workers is technically not allowed unless they are married.
    "Fraternization is a violation of the Uniform Code of Military Justice (UCMJ). It falls under a subparagraph of Article 134, and is defined by the Manual For Courts-martial (MCM). "
    The guys werent charged because they got immunity for testifying against her.

  13. #13
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    Default Re: Reading this made my eyes bleed.

    Quote Originally Posted by cameron_keys View Post
    Actually in the military it kind of is. Sex between co-workers is technically not allowed unless they are married.
    "Fraternization is a violation of the Uniform Code of Military Justice (UCMJ). It falls under a subparagraph of Article 134, and is defined by the Manual For Courts-martial (MCM). "
    The guys werent charged because they got immunity for testifying against her.
    Well that's the craziest thing I've ever heard. What a bunch of fucking sexist assholes (the guys and the military).
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    Default Re: Reading this made my eyes bleed.

    OMG....unreal. No wonder women don't come forward. The judicial process is a joke all the way around. I wasn't in the service, but I was raped and the whole process of prosecuting the asshead was 10 times worse than the act itself.

    Reading stuff like this just boils my blood.

  15. #15
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    Default Re: Reading this made my eyes bleed.

    This is just so fucked up in so many ways. Poor woman.

  16. #16
    God/dess Deogol's Avatar
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    Default Re: Reading this made my eyes bleed.

    Quote Originally Posted by cameron_keys View Post
    Unfortunately the military is still a big ol' boys club. I bet this sort of blatent abuse and sexism happens mych more then we know.
    The Air Force is following proper procedures for what is happening here.

    She has besmirched the honor and reputation of three men and the Air Force it's self without giving them a chance to restore their honor and reputations in a court of law.

    She is gonna have to belly up and continue with the rape charges because obviously something went wrong and somebody is going to go to court.

    She cannot sit there and make accusations like this, pulling everyone's chain, spending JAG time, energy, and budget to simply say "Oh, yea, well - those guys raped me but I am not going to do anything to prove it nor am I going to allow them to disprove it."

    If you looked at this case as "Innocent until proven guilty" you would understand what is going on.

    But, as has been said repeatedly on this board - different rules for women... and men.

  17. #17
    TheSexKitten
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    Default Re: Reading this made my eyes bleed.

    .... wow. omg.

    ^^^

  18. #18
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    Default Re: Reading this made my eyes bleed.

    To start with We do not know the character of these four Airmen. They could each be exemplary or could all be the unit fuck ups waitng for the big chicken dinner. Lets not try anybody in the Court of Public Opinion. From the Prosecutions standpoint a rape case was near unwinable. She did not report the alleged rape immediately; likely because of shock, embarrassment and because she was under aged and drunk. The rape victim is walking evidence that is all time sensitive. Just washing their hands destroys evidence. All four admit to being highly intoxicated. Being intoxicated is not a defense in Martial Law, however that does not make any Statements taken have a different value because the individual cannot recall due to intoxication.

    This is Article 134. The Catch all. If in someone your conduct has been embarrassing, or you committed a criminal act not outlined in the UCMJ Punitive Articles. Underage drinking for example is not an Offense outlined in the UCMJ. Underage drinking remains punishable under Article 134 because it is an Offense to good order and discipline.

    ART. 134. GENERAL ARTICLE
    Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
    The punishments have begun even before a Trial. Each has received an Article 15 also called Non Judicial punishments.


    A further snippet from the Manual for Courts Martial

    *snip*In general. Article 134 makes punishable acts
    in three categories of offenses not specifically covered
    in any other article of the code. These are
    referred to as “clauses 1, 2, and 3” of Article 134.
    Clause 1 offenses involve disorders and neglects to
    the prejudice of good order and discipline in the
    armed forces. Clause 2 offenses involve conduct of a
    n a t u r e t o b r i n g d i s c r e d i t u p o n t h e a r m e d f o r c e s .
    Clause 3 offenses involve noncapital crimes or offenses
    which violate Federal law including law made
    applicable through the Federal Assimilative Crimes
    Act, *snip*

    From the news Article...........
    *snip*The men were given nonjudicial punishments for committing indecent acts in the presence of other airmen, a violation of the Uniform Code of Military Justice. All three received suspended reductions in rank, but the penalties will be lifted if there is no further misconduct. One of the men was fined two months' pay; a second lost two months' pay, but the penalty was suspended; the third airman got 30 days of extra duties. All three were ordered not to have contact with Hernandez.*snip*

    Fraternization is usually punished in situation where an Supervisor is in a sexual relationship with a Subordinate or an Officer and Enlisted have a relationship. Fraternization is also punished in cases of business relationships; a one time exchange is ok such as a Private buying a car from his Squad Leader a Staff Sergeant. Forming a business partnership however is not.

    Conduct unbecoming an Officer and a Gentleman Article 133 does not apply since all four are Airman and of the Enlisted ranks. Archaic and very 19th century.

    To believe that anyone is going to get off scot freeing the Military is untrue. While an Article 15 both Company Grade and Field Grade remain at the Soldiers Unit (or Airman is this case) the other effect is that the can do no good. The Airmen will likely remain the black sheep of the unit. No awards, no early promotions, no career enhancing schools. Don’t ever embarrass your Supervisor.

    As for Accusations. The Military will pursue all accusations. God help you if you make a false accusation. The Military takes a very dim view of false accusations. I am not saying that Airman Hernandez is making a false accusation, I have no more access to the evidence than any of you. Accusations are very destructive to Morale, that necessary working relationship by which a Unit functions.

    As for this?

    *snip*Basile said he saw Butler and Hernandez sitting on the floor. When he asked her why she was crying, he said, she said "something about her being a slut."*snip*

    Who knows? We don't know anything about Airman Hernandez, her mannerisms, and what not. This could indeed be a factual statement. Theres four People pointing fingers at each other doing some kind of damage control, and unlikely any has the Legal experience to just shut up.

    Airman Hernandez can well be tried for Uttering a False Statement, plus Article 134 and be acquitted. It is after all a Jury Trial. The Three males can still find themselves tried and convicted for Rape. This seems unlikely since all by their own actions are intoxicated there fore their perceptions of events are suspect. Without Evidence of Sexual Assault in the form of bruises that indicate force Prosecution is going to be difficult without a Confession.

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    Default Re: Reading this made my eyes bleed.

    To better illustrate what I mean by "Catch All" Article here is all of the subcategories of the mentioned Article 134. Not you will recognize many as Laws in regard to you City or State. A good many are only particular to the Armed forces yet are punishable by fines, imprisonment or even death.

    60. Article 134— General article
    61. Article 134— (Abusing a public animal)
    62. Article 134— (Adultery)
    63. Article 134— (Assault— indecent)
    64. Article 134— (Assault— with intent to commit
    murder, voluntary manslaughter, rape, robbery,
    sodomy, arson, burglary, or housebreaking)
    65. Article 134— (Bigamy)
    66. Article 134— (Bribery and graft)
    67. Article 134— (Burning with intent to defraud)
    68. Article 134— (Check, worthless, making and
    uttering— by dishonorably failing to maintain
    funds)
    69. Article 134— (Cohabitation, wrongful)
    70. Article 134— (Correctional custody—
    offenses against)
    ).
    71. Article 134— (Debt, dishonorably failing to
    pay)
    72. Article 134— (Disloyal statements)
    73. Article 134— (Disorderly conduct,
    drunkenness)
    74. Article 134— (Drinking liquor with prisoner)
    75. Article 134— (Drunk Prisoner)
    76. Article 134— (Drunkenness— incapacitation
    for performance of duties through prior wrongful
    overindulgence in intoxicating liquor or drugs)
    77. Article 134— (False or unauthorized pass
    offenses)
    78. Article 134— (False pretenses, obtaining
    services under)
    79. Article 134— (False swearing)
    80. Article 134— (Firearm, discharging— through
    negligence)
    81. Article 134— (Firearm, discharging— willfully,
    under such circumstances as to endanger human
    life)
    82. Article 134— (Fleeing scene of accident)
    83. Article 134— (Fraternization)
    84. Article 134— (Gambling with subordinate)
    85. Article 134— (Homicide, negligent)
    86. Article 134— (Impersonating a commissioned,
    warrant, noncommissioned, or petty officer, or an
    agent or official)
    87. Article 134— (Indecent acts or liberties with a
    child)
    88. Article 134— (Indecent exposure)
    89. Article 134— (Indecent language)
    90. Article 134— (Indecent acts with another)
    91. Article 134— (Jumping from vessel into the
    water)
    92. Article 134— (Kidnapping)
    94. Article 134— (Mails: depositing or causing to
    be deposited obscene matters in)
    95. Article 134— (Misprision of serious offense)
    96. Article 134— (Obstructing justice)
    96a. Article 134— (Wrongful interference with an
    adverse administrative proceeding)
    97. Article 134— (Pandering and prostitution)
    97a Article 134— (Parole, Violation of)
    98. Article 134— (Perjury: subornation of)

    99. Article 134— (Public record: altering,
    concealing, removing mutilating, obliterating, or
    destroying)
    100. Article 134— (Quarantine: medical, breaking)
    100a. Article 134— (Reckless endangerment)
    101. Article 134— (Requesting commission of an
    offense)
    102. Article 134— (Restriction; breaking)
    103. Article 134— (Seizure: destruction, removal,
    or disposal of property to prevent)
    103a. Article 134— (Self-injury without intent to
    avoid service)
    104. Article 134— (Sentinel or lookout: offenses
    against or by)
    105. Article 134— (Soliciting another to commit
    an offense)
    106. Article 134— (Stolen property: knowingly
    receiving, buying, concealing)
    107. Article 134— (Straggling)
    108. Article 134— (Testify: wrongful refusal)
    109. Article 134— (Threat or hoax: bomb)
    110. Article 134— (Threat, communicating)
    111. Article 134— (Unlawful entry)
    112. Article 134— (Weapon: concealed, carrying)
    113. Article 134— (Wearing unauthorized
    insignia, decoration, badge, ribbon, device, or
    lapel button).

  20. #20
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    Default Re: Reading this made my eyes bleed.

    i can't believe the air force would do this. i was in the air force and stationed at yokota air base in japan for 2 years. in those 2 years i went to 6 sexual assault briefings. it was constantly being drilled into our heads that if it happened, the girl's innocent, she get's 2 counselors (1 to listen to to her and the other to help her during the legal process). now i'm pissed off. all that talk and all that time that military personnel spend in those briefings is s waste of time if this is what they're doing.

  21. #21
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    Default Re: Reading this made my eyes bleed.

    What the fuck is wrong with the edit feature?

  22. #22
    God/dess lestat1's Avatar
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    Default Re: Reading this made my eyes bleed.

    ArmySGT, does she even have the ability to *choose* not to testify? I was under the impression that such a right did not exist in a military court, and that that alone could get her in trouble.
    Quote Originally Posted by _Avery_ View Post
    omg, why is it so huge?!! lol lol

  23. #23
    Jay Zeno
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    Default Re: Reading this made my eyes bleed.

    It's not necessarily a big ol' boys club. I remember a case of a Marine walking drunk from a bar on base, bumped a girl off the sidewalk, pawed at her, was too drunk to do much at all, and she got away. He got 15 years for attempted rape. Not saying whether he deserved it, but just that he sure wouldn't have gotten that in the civilian world. Of course, if he'd have been an officer, different story. Resigned commission, at worse. Sometimes it's a boys club, sometimes not, but it's always a caste system.

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