UVA Rape Case = Big Lie

Started by airboy, March 23, 2015, 03:55:33 PM

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Boggit

Quote from: LongBlade on March 26, 2015, 09:29:53 AM
Quote from: Windigo on March 25, 2015, 10:35:13 PM
then why would it be couched in terms like

That doesn't mean something terrible didn't happen to Jackie ...

just curious wording is all

They want to be extremely sensitive to real rape victims. It can be terribly difficult for those women to come forward. The last thing they want to do is discourage reporting of real crimes.
I agree. Quite frankly a major reason women don't report rape is because of the hell they get put through by the legal process, including often not being believed in the first place.

The incidence of false allegations of rape is actually on the low side - the US Dept of Justice, and the UK Home office each suggesting 8% of allegations were false. What that means is that 92% of allegations  (on average) are not false allegations. https://en.wikipedia.org/wiki/False_accusation_of_rape Some believe the rate is even as low as 2% http://www.slate.com/articles/news_and_politics/jurisprudence/2009/10/how_often_do_women_falsely_cry_rape.html

Do we see a commensurate conviction rate? No. The failure to secure a conviction tends to be excessively low as can be seen here http://www.ibtimes.co.uk/why-are-rapists-not-convicted-uk-1432600 It really is a shameful indictment of our court systems failing women.
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airboy

Trial Update can be found at:
http://heatst.com/culture-wars/rolling-stone-uva-fake-rape-story-defamation-trial-gets-ugly/

Although Rolling Stone officially "retracted" the story they continue to state that they believe that the article was true.  Very Alice in Wonderland approach.

Nefaro

Quote from: airboy on October 16, 2016, 01:00:31 PM
Rolling Stone is being sued for Libel.  Trial starts on Monday.

Rolling Stone had a big win in the pre-trial motions.  They got the college administrator defined as a "public figure."  This means she will have to prove that Rolling Stone had "actual malice" which is a pretty big hill to climb.  Still, more of the actual facts of the situation should come to light.

http://hosted.ap.org/dynamic/stories/U/US_ROLLING_STONE_LAWSUIT?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2016-10-16-09-08-28


I doubt anything comes of it. 

That's a pretty loose definition of "public figure".  I doubt many people would recognize the college administrator's name, off-hand.  ::)

airboy

The jury found that Rolling Stone Magazine and the author of the story defamed the UVA administrator.  The story was a lie and the jury found that the lie was told with actual malice.  In US law this is a very unusual decision.

Nefaro

Quote from: airboy on November 04, 2016, 05:44:04 PM
The jury found that Rolling Stone Magazine and the author of the story defamed the UVA administrator.  The story was a lie and the jury found that the lie was told with actual malice.  In US law this is a very unusual decision.


The Administrator?

What about the students who had their lives ruined due to the Trial-by-media attack?

airboy

Quote from: Nefaro on November 05, 2016, 12:08:12 PM
Quote from: airboy on November 04, 2016, 05:44:04 PM
The jury found that Rolling Stone Magazine and the author of the story defamed the UVA administrator.  The story was a lie and the jury found that the lie was told with actual malice.  In US law this is a very unusual decision.


The Administrator?

What about the students who had their lives ruined due to the Trial-by-media attack?

Their trial is coming up soon.

airboy

Rolling Stone magazine settled with the UVA administrator after a federal jury had awarded $3 million to the Administrator.  This was back in April, but I forgot to post the result.  I'm sure that the libeled UVA administrator got a sizable amount of money.  The Fraternity also sued and Rolling Stone paid them off also.

Unfortunately, the Obama Admin letter to Universities still prevents anyone accused of campus sexual assault from cross-examining their accuser and makes many of these "campus trials" kangaroo courts.  Many University sexual assault decisions have both been overturned by the courts and the male being accused winning substantial damages from the school.

I hope that the Trump Admin Education Secretary DeVoes will eliminate this Federal Policy.  Campuses should be in charge of academic crimes and not have a parallel and unfair legal system that does not provide the normal protections to defendants.  Our courts can handle crimes of violence.  Restraining orders are not that hard to obtain with reasonable evidence.  Universities are not equipped to handle criminal cases and the Federal Government should not be trying to strip the rights under the US Constitution from "out of favor individuals" because of political axe grinding.

Most Universities would probably love to get out of the criminal court business, especially when they are not equipped to handle this and are in legal peril regardless of what they do.

Nefaro

Another false accusation, worsened by the authorities withholding exonerating evidence, is narrowly caught at the last minute before ruining guy's life. 



Rape trial falls apart after accuser's 40,000 texts are revealed
By Victoria Craw, News.com.au
December 16, 2017

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.


continued..
https://nypost.com/2017/12/16/rape-trial-falls-apart-after-accusers-40000-texts-are-revealed/

Martok

Absolutely appalling.  Thanks to Mr. Hayes for doing the right thing, but it never should have come to that. 
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