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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Tue Sep 15, 2015 6:06 pm 
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http://hotair.com/archives/2015/09/15/l ... ng-crimes/

Quote:
Liberals bemoan new campus rape law which could involve police in prosecuting crimes

POSTED AT 1:21 PM ON SEPTEMBER 15, 2015 BY JAZZ SHAW


Back in July, Congressmen Matt Salmon and Pete Sessions introduced legislation which suggests the radical, unique idea of bringing criminal cases to the police (or at least letting the principals have access to an attorney) in cases of sexual assault which take place on college campuses. If you find yourself scratching your head and wondering why this wasn’t already happening you’re not alone. But as we’ve seen with past stories covered here, colleges have gotten into the habit of holding kangaroo courts when students accuse someone of rape or other forms of sexual assault. In many instances, the accused can be kicked out of school and branded a villain without ever having seen a lawyer or had a chance to prove their innocence.

The groundbreaking legislation put forward the following heretical concepts: (WaPo)

• Students alleging sexual violence could decide whether to report the incident to law enforcement or not. If a serious crime were alleged and the student preferred not to involve police in an investigation, campus officials would not launch an internal investigation. But they could provide protections to the student, such as requiring the accused to avoid the accuser.

• All students involved, both those reporting an assault and those defending themselves against the charges, would have the right to hire lawyers at their own expense. Both sides could ask questions of witnesses.

• Those accused would have the right to know the charges they’re facing, and see the evidence against them.


That’s some scary stuff right there, isn’t it? It’s like something out of a science fiction movie. Or at least you’d think so given the reaction from the Social Justice Warrior crowd. (Daily Beast)

Kevin Kruger, the president of NASPA (Student Affairs Professionals in Higher Education), said requiring alleged victims to report a sexual assault would create a “chilling effect” for thousands of women, the majority of whom already don’t report their sexual assault to anyone.

“We strongly believe that victims should have the rights to pursue the course of action that’s right for them,” Kruger told The Daily Beast. “They want and need support.”…


Reading through the list of complaints from student activists in that article is an eye opening experience. On the surface, I suppose I can understand how some actual victims might still be fearful of bringing an accusation to law enforcement and it’s difficult to just stand here and say that they should be forced to do so against their will. But failing to have the proper authorities bring charges means that a guilty criminal will never face a jury and be punished for their crimes, potentially endangering future victims.

Asking the college to handle such a grave situation is an even worse option. If you were actually raped, the most they can do is expel the student from school. Is that fitting punishment?

Of course all of this ignores the fact that even when you are in college you are living in the United States and we have this little thing known as the legal system, not to mention that pesky old Constitution. People accused of a crime are entitled to various rights so as to ensure that they are actually guilty before they are punished and have the chance to defend themselves. And to be absolutely clear, if you are accusing a fellow student of any sort of sexual violence, it’s a crime. If it doesn’t rise to the level of a crime, then you are not a victim and are not entitled to ruin someone else’s life because you felt offended.

This law doesn’t go nearly far enough to ensure that the rule of law is followed but it’s at least a good start. What we really need to do is prosecute colleges who try to usurp the proper role of the courts and deny defendants the right to a normal defense when accused of a serious crime.



If someone commits a crime as serious as rape (and rape is a serious crime--who would argue otherwise?), then you must involve law enforcement and the criminal judicial process.
For a rapist to suffer a punishment no more serious than expulsion from school would be an injustice.
And to "shame" someone through the process that some universities are establishing, without due process, is also an injustice.

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Tue Sep 15, 2015 8:42 pm 
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This is twisted hilarious ... So the campus officials will violate the law also ... and become accessories to rape !!??

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Tue Sep 15, 2015 8:55 pm 
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The extrajudicial process allows the charge to be made in secret and offers a much lower burden of proof...as in no proof at all.

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Sep 16, 2015 11:08 am 
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jack t ripper wrote:
The extrajudicial process allows the charge to be made in secret and offers a much lower burden of proof...as in no proof at all.


This.


There has already been more than one college rape accusation shown to be false, yet the accused were treated as being guilty from the start and suffered for it due to campus policies and decisions specifically regarding such cases.

Having seen the results in recent years, it's quite obvious injustice has been done and this law only reiterates the rights we are supposed to have. Sad that some entities have to be so pointedly reminded about due process.

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Sep 16, 2015 12:41 pm 
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Annoying impediment to royal edicts that pesky Magna Carta

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Sep 16, 2015 12:56 pm 
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Dye her bush blue too, the "full san fransisco" :lol:

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Apr 12, 2017 10:00 am 
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https://www.washingtonpost.com/local/ed ... 7616ab4bb5

Quote:
Rolling Stone settles with former U-Va. dean in defamation case

By T. Rees Shapiro and Emma Brown April 11 at 8:35 PM
Rolling Stone has reached a confidential settlement with Nicole Eramo, a former University of Virginia associate dean who had sued the magazine alleging that it defamed her in a 2014 story about an alleged gang rape on campus, according to lawyers for both parties.

The settlement brings an end to a lawsuit that had roiled the U-Va. community with a case study in the practice and ethics of journalism.

“We are delighted that this dispute is now behind us, as it allows Nicole to move on and focus on doing what she does best, which is supporting victims of sexual assault,” said Libby Locke, a lawyer for Eramo, in a statement Tuesday.

Rolling Stone called the settlement an “amicable resolution.”

The magazine’s November 2014 story, “A Rape on Campus,” recounted the shocking story of a young woman’s gang rape at a U-Va. fraternity house — a story that was discredited after serious flaws were revealed.

An investigation by The Washington Post showed that aspects of the account were not true. For example, no one in Phi Kappa Psi, the fraternity in question, matched the name or description that the young woman — known as Jackie — gave for the person who allegedly was the ringleader in her 2012 assault.

A person whom Jackie had described to friends at the time as her assailant was complete fiction, according to Eramo’s attorneys, and The Post found that a photo she shared of her alleged attacker was actually of someone she knew from high school, who attended a different university out of state.

The magazine soon acknowledged that it had lost faith in its main source for the story and — after a police investigation and a report by the Columbia University School of Journalism found that aspects of the account were false — ultimately retracted the article.

[Jury awards U-Va. dean $3 million in Rolling Stone defamation case]

In a trial that began in October 2016, Eramo’s lawyers argued that the article’s author, Sabrina Rubin Erdely, had arrived on campus determined to write a story about a university’s callousness to the problem of sexual assault. She did not let facts get in the way of the story, they argued, and she wrongly turned Eramo into the face of institutional indifference.


Eramo testified that she faced threats, lost professional credibility and lost her ability to work as an advocate for sexual-assault prevention.

Tom Clare, one of the attorneys representing Eramo, said during his closing statement that his client had become “collateral damage in a quest for sensational journalism.”

Jackie’s tale “had all the elements of a perfect story,” Clare said. “And when something appears too perfect, it usually is.”

Scott Sexton, an attorney for Rolling Stone, told the jurors in his closing statement that the magazine “acknowledges huge errors in not being more dogged. . . . It’s the worst thing to ever happen to Rolling Stone.”

The article cost Erdely her job at the magazine and her reputation as a journalist, Sexton said. In court documents, Erdely said she was “shattered” to discover that she had repeated falsehoods in her story.

[Rolling Stone’s Erdely on experience with ‘Jackie’]

“This experience has been devastating to me, both professionally and personally. Never in my 20-plus years as a reporter have I had a story or a source fall apart on me after publication. After feeling so sure about the Article, and believing so strongly that it would help spur change on college campuses, losing faith in the credibility of one of my major sources post-publication took me entirely by surprise. I was stunned and shaken by the experience, and remain so to this day.”

In November, a federal jury sided with Eramo, awarding her $3 million in damages — $1 million from Rolling Stone and $2 million from Erdely.

Rolling Stone filed a motion to vacate that judgment, the first step toward an appeal, but then agreed to settle the case before a judge could rule.

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Apr 12, 2017 10:08 am 
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Good luck trying to collect $2 M from the writer. Who would hire that skank at this point?

The jury was convinced that Rolling Stone failed in their editorial oversight. That seems pretty obvious to me.

Learning for other publishers: Don't start with an instruction like "we want an article on campus rape..find us one"

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Apr 12, 2017 10:24 am 
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jack t ripper wrote:
Good luck trying to collect $2 M from the writer. Who would hire that skank at this point?

The jury was convinced that Rolling Stone failed in their editorial oversight. That seems pretty obvious to me.

Learning for other publishers: Don't start with an instruction like "we want an article on campus rape..find us one"


Well, the lawsuit/settlement specifically cited was from Rolling Stone to the U-VA president. I do recall hearing that Rolling Stone had to do some serious searching to pay that settlement off.

But to your point, yeah. There are other lawsuits still pending related to this incident (I think the fraternity suing the author for instance) where the pay outs (regardless of the amount awarded or settled) may never be collected.

And I doubt a single penny will ever come out of the the person that made up the incident to start with.

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 Post subject: Re: Duke LaCrosse Team, Part Deux
PostPosted: Wed Dec 27, 2017 1:12 pm 
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Another example of false rape accusations:

https://nypost.com/2017/12/16/rape-tria ... -revealed/

Quote:
Rape trial falls apart after accuser’s 40,000 texts are revealed


By Victoria Craw, News.com.au December 16, 2017 | 12:40pm

A student has described going through “mental torture” after a rape case against him was thrown out in court because police had failed to hand over more than 40,000 messages from his accuser.

Liam Allan, 22, faced up to ten years in jail charged with six counts of rape and six counts of sexual assault against a young woman over a 14-month period that began when he was 19.

The criminology student at Greenwich University had spent nearly two years on bail and three days in Croydon Crown Court when the trial was stopped in a dramatic fashion after it emerged police officers had failed to hand over evidence that proved his innocence.

The alleged victim had claimed she did not enjoy sex, while Mr Allan claimed it was consensual and she was acting maliciously because he refused to see her after he returned to university.

Now, the judge has called for an inquiry at the “very highest level” to understand why police failed to hand over critical evidence including 40,000 messages from the accuser to Mr Allan and friends.

The messages showed how she had continually messaged Mr Allan for “casual sex”, said how much she enjoyed it and discussed fantasies of violent sex and rape, The Times reports.

Outside the court, Mr Allan said he went through “mental torture” over the two year period and relied on the system to uncover evidence that would exonerate him.

When first accused, he turned to a local lawyer he had done work experience with and said he was terrified at the idea of going to prison with sex offenders and worried about what would happen to his mum and flatmates when he was away.

“You are all on your own. I could not talk to my mother about the details of the case because she might have been called as a witness. I couldn’t talk with my friends because they might have been called. I felt completely isolated at every stage of the process,” he said.

“I can’t explain the mental torture of the past two years. … I feel betrayed by the system which I had believed would do the right thing, the system I want to work in.”

The life-changing discovery was made at the 11th hour when a new prosecutor, Jerry Hayes, took over the case one day before the trial began and ordered police to hand over records — including a computer disk that contained 40,000 messages.

Mr Allan’s lawyers had already sought access to the accusers’s telephone records and messages but their requests were denied on the basis there was nothing of interest in them.


Upon discovering the messages, Mr Hayes said he would offer no evidence in court and would like to “apologise” to Mr Allan.

“There was a terrible failure in disclosure which was inexcusable,” he said. “There could have been a serious miscarriage of justice, which could have led to a very significant period of imprisonment and life on the sex offenders register. It appears the officer in the case has not reviewed the disk, which is quite appalling.”

Speaking later, he said detectives had previously told him the sexual messages were “too personal” to share.

“The defence quickly saw the information blew the prosecution out of the water. If they had not been seen this boy faced 12 years in prison and on the sex offenders’ register for life with little chance of appeal. This was a massive miscarriage of justice, which thank heavens was avoided,” he told the BBC.

Judge Peter Gower said Mr Allan was not guilty on all charges.

“There is something that has gone wrong and it is a matter that the Crown Prosecution Service (CPS) in my judgment should be considering at the very highest level,” he said.

“Mr Allan leaves the courtroom an innocent man without a stain on his character.”

Mr Allan’s defence lawyer Julia Smart said she also received details about the text messages the night before she was due to cross examine the accuser, and when she told the court of her findings the trial was scrapped.

Mr Allan’s mum, Lorraine Allan, 46, said the “current climate” means that many people are treated as “guilty until you can prove you’re innocent.”

A spokesman for London Metropolitan Police said: “We are aware of this case being dismissed from court and are carrying out an urgent assessment to establish the circumstances which led to this action being taken.

“We are working closely with the Crown Prosecution Service and keeping in close contact with the victim while this process takes place.”

The Crown Prosecution Service said they will not conduct a “management review” with the Metropolitian Police to “examine the way in which the case was handled.”

Mr Hayes, who is a former Conservative MP, wrote in The Times the case marked the most “appalling failure of disclosure I have ever encountered.”

“The CPS are under terrible pressure, as are the police. Both work hard but are badly under-resourced.

“Crown court trials only work because of the co-operation and goodwill of advocates and the bench — but time pressures are making this increasingly difficult.




:shock:


I am glad that the new prosecutor Jerry Hayes ordered the police to turn over the disk with the messages and apologized for this all, but this poor guy was put through hell for two years and faced years in prison all because the authorities intentionally withheld releasing information that eventually cleared him.

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