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[Kano on the Phone]

I hope, one day, you're able to recognize why people suddenly become "aggressive" and "hostile" when discussing things with you. That day is clearly not today.

Now you're just being personal and insulting. Uncool.

 

[poppabk]

Not that they don't care, but that they care less, i.e., considering false accusations of said crime to be worse than commission of the crime itself; something I can only rationalize if you consider that people will empathize more with one side than another because of the likeliness that either will happen to them. This seems to me a very human, innate response and it doesn't make them bad or thoughtless people to give greater weight to that which is closer to them personally.

If someone kidnapped a person and held them against there will for 6 years I would consider that a crime as reprehensible as rape which is effectively what happened here.

 

[Karkador]

If someone kidnapped a person and held them against there will for 6 years I would consider that a crime as reprehensible as rape which is effectively what happened here.

So where does the defense lawyer who gave up his defendant fit into this cartoon?

 

[poppabk]

Well that's why I suggest we need to fix the broken justice system that lets liars get away with it, not punish found liars harder. Justice would be more generally served, even if the schadenfreude isn't as sweet.

The aim would be to deter false accusations in the first place, which not only cast doubt on all women reporting rape, but which also divert police resources away from catching true criminals. With a grace period incorporated it would allow for rash accusations to be withdrawn early.

 

[jorma]

Now you're just being personal and insulting. Uncool.

I hope you are joking, but i'm honestly not sure.

 

[poppabk]

Double post

 

[poppabk]

So where does the defense lawyer who gave up his defendant fit into this cartoon?

The defense lawyer doesn't get to decide if his client is guilty or innocent. It's possible that a guilty plea was the best choice and resulted in the minimum of jail time for his client.

 

[digoutyoursoul]

She is a fucking disgrace

 

[Mudkips]

2 is still 2 too many. Also: where did they get stats on unreported rapists? If they're unreported, then how do they know they exist?

They guess and do "anonymous surveys", which are absolutely useless in terms of statistics.
People making false accusations of rape (or any crime) should be heavily prosecuted.

The "you'll discourage others from coming forward or recanting" mentality is absurd and baseless. A false accusation is not the same as an accusation that does not result in a conviction.

 

[FoneBone]

The "you'll discourage others from coming forward or recanting" mentality is absurd and baseless. A false accusation is not the same as an accusation that does not result in a conviction.

This is a cute strawman, but I don't think anyone here is under the impression that a woman is at risk of being convicted just because her rape couldn't be proven. That's not the issue.

 

[Nightstick11]

People who knowingly defraud the system by accusing someone of a crime the accuser knows he or she did not commit needs to be dealt with harshly. I'm thinking 10 years in prison sentence. There is no greater outrage to the legal system than an innocent person doing time for crimes he or she did not commit.

 

[Karkador]

This is a cute strawman, but I don't think anyone here is under the impression that a woman is at risk of being convicted just because her rape couldn't be proven. That's not the issue.

Actually, I'm wondering where the line between the two would be drawn

 

[Nightstick11]

Actually, I'm wondering where the line between the two would be drawn

Just based on current laws on fraud, the false accuser will have to be proved to meet these elements:
(1) knowingly or should reasonably have known her accusation was false
(2) made the accusation with intent to harm the accusee
(3) accusee suffered actual harm as a direct or proximate result of accuser's actions
(4) accusee did not actually rape as found under a court of law

 

[GaimeGuy]

How about any woman who knows she was not raped but decides to keep up the charade through months, even years, of criminal and civil proceedings and police investigations? I'm not talking about someone who's memory is hazy, but someone like this woman who is out to make money or ruin someone?

We're not talking about proving it in a court of law. We're just talking about how shitty this kind of an act is, especially since it's prolonged over such a lengthy period consciously and deliberately.

 

[Kano on the Phone]

How about any woman who knows she was not raped but decides to keep up the charade through months, even years, of criminal and civil proceedings and police investigations? I'm not talking about someone who's memory is hazy, but someone like this woman who is out to make money or ruin someone?

We're not talking about proving it in a court of law. We're just talking about how shitty this kind of an act is, especially since it's prolonged over such a lengthy period consciously and deliberately.

Who ever said that what she did wasn't shitty?

 

[Kinyou]

Wouldn't it make sense to not make the accused's name public? People tend to side with the highschool quarterback star, but what if they wouldn't even know that he's accused? Then the victim also wouldn't have to fear any kind of blowback.

Sure the accused could come forward himself, but I don't think many people would just tell all their friends that they're accused of rape.

 

[Zoe]

This is a cute strawman, but I don't think anyone here is under the impression that a woman is at risk of being convicted just because her rape couldn't be proven. That's not the issue.

But the argument for some is that she'll be afraid of that risk. Otherwise punishing false accusers wouldn't deter real instances.

 

[Ducarmel]

The defense lawyer doesn't get to decide if his client is guilty or innocent. It's possible that a guilty plea was the best choice and resulted in the minimum of jail time for his client.

Banks original lawyer did not even try, no evidence and holes in the girls story. Even the DA was criticized for even bringing up charges

Gibson's Story Doesn't Make Sense

There were no witnesses to the alleged rape, and Gibson's story didn't add up. For example, Gibson said that Mr. Banks ejaculated inside her, but there was no semen in the rape kit -- not a single molecule was recovered. Justin Brooks of the California Innocence Project explained: "[She] said she wiped it all off with a paper towel, but that's impossible." In fact, there was no physical evidence whatsoever to corroborate Gibson's story.


Mr. Brooks explained that the logistics of Gibson's tale didn't make any sense. "For Brian to take [her] from the bathroom to the elevator, he would have had to take her past several classrooms. Someone would have seen or heard a struggle," Brooks said. Brian's story -- that the encounter was consensual --was, in Brooks' words, "the only one that makes sense."

"Brian never should have been charged," Mr. Brooks concluded. "There was a lot of sloppy police work, and I don't know what level of scrutiny the prosecution did." A former Los Angeles County sex crimes prosecutor recently told a television reporter that "the DA never should have filed this case, and they should drop it now" due to the absence of DNA evidence and Gibson's inconsistent statements about what happened.

http://www.cotwa.info/2012/06/bygones-be-bygones-unspeakable.html