T.R | Title | User | Personal Name | Date | Lines |
---|
234.1 | | CSC32::HADDOCK | Saddle Rozinante | Tue Jul 23 1996 16:17 | 5 |
|
Why not let's just define "abuse" as not giving a woman _anything_
she thinks she ought to have.
fred();
|
234.2 | | SPECXN::CONLON | | Tue Jul 23 1996 16:22 | 3 |
|
You're whining again, Fred. :>
|
234.3 | | MKOTS3::RAUH | I survived the Cruel Spa | Tue Jul 23 1996 16:35 | 1 |
| Gee... I want some cheese with my whines.:)
|
234.4 | | CSC32::HADDOCK | Saddle Rozinante | Tue Jul 23 1996 16:35 | 4 |
|
Dom Perion(sp), 1937.
fred();
|
234.5 | | MKOTS3::RAUH | I survived the Cruel Spa | Tue Jul 23 1996 16:36 | 3 |
| I am partial to white whines. How bout you fred? Red? White? Rose? A
good blush is fine for middle of the afternoons.:)
|
234.6 | | CSC32::HADDOCK | Saddle Rozinante | Tue Jul 23 1996 16:39 | 5 |
|
When I was in California, I sampled some vintage raspberry wine.
Delicious. Gives a whole new meaning to "given someone the raspberry".
fred();
|
234.7 | | ACISS1::ROCUSH | | Tue Jul 23 1996 16:54 | 3 |
| Com on guys. You aren't taking this seriously. Obviously you must be
guilty. Heartless, insensitve lugs.
|
234.8 | | CSC32::HADDOCK | Saddle Rozinante | Tue Jul 23 1996 17:07 | 10 |
|
>Com on guys. You aren't taking this seriously. Obviously you mustbe
>guilty. Heartless, insensitve lugs.
Just a couple of big, lovable Neanderthals ;^). I just abuse the
s!!t our of her with roses from time to time. Does that count?
And she had to threaten to call the cops on me the other night to
get me to stop giving her that hot-oil massage.
fred();
|
234.9 | | BIGQ::MARCHAND | | Tue Jul 23 1996 17:08 | 2 |
|
Yeah! Right! Like someone's going to stop a hot oil massage!
|
234.10 | Fred... | SPECXN::CONLON | | Tue Jul 23 1996 17:10 | 6 |
|
At least you know how to apologize for the kind of behavior you
told us about earlier (where you grumped to her that if she didn't
like doing most of the work around the house, she should try trading
places with you sometime.)
|
234.11 | | CSC32::HADDOCK | Saddle Rozinante | Tue Jul 23 1996 17:12 | 7 |
|
re .10
You'd be amazed at what kind of behavior a single red rose will let
you get awawy with ;^). (or cause ;^) ;^) ).
fred();
|
234.12 | | SPECXN::CONLON | | Tue Jul 23 1996 17:18 | 3 |
|
This is a G-rated notesfile, Fred. :)
|
234.15 | You're in big trouble. | ACISS1::ROCUSH | | Tue Jul 23 1996 17:19 | 14 |
| .8
If I follow the logic in these cases, you could be in big trouble. I
suppose you did not remove the thorns from the roses before you gave
them to her, huh? Have you done this more than once? Has she stuck
herself with the thorns?
If any of the above are true, you are in big trouble.
I think I'm beginning to understand the incredible stupidity of the
whole "abuse" issue. Start with a valid problem and then trivialize it
to drive a whole different agenda. All the while insisting that it's
all one continuum of male abusiveness and historical oppression.
|
234.16 | If the file weren't G-rated, he'd have told us a lot more. :) | SPECXN::CONLON | | Tue Jul 23 1996 17:22 | 3 |
|
It's safe to say that Fred's wife loved the roses, etc.
|
234.17 | :-) | GMASEC::KELLY | Queen of the Jungle | Tue Jul 23 1996 17:25 | 4 |
| I'm not Fred's wife, but am willing to play one in notes.
Roses may be sent to MSO2-1/LOB.
Christine
|
234.18 | | MKOTS3::RAUH | I survived the Cruel Spa | Tue Jul 23 1996 17:29 | 1 |
| .17 So you want some wine sent to your mail stop?:)
|
234.19 | .12 | MKOTS3::RAUH | I survived the Cruel Spa | Tue Jul 23 1996 17:30 | 1 |
| WOW!! ALL Along I thought this notesfile was at least a high c note.:)
|
234.20 | | GMASEC::KELLY | Queen of the Jungle | Tue Jul 23 1996 17:33 | 1 |
| Wine will work, too. I can always take it home to drink :-)
|
234.21 | | CSC32::HADDOCK | Saddle Rozinante | Tue Jul 23 1996 17:37 | 6 |
|
> It's safe to say that Fred's wife loved the roses, etc.
Especially the etc ;^).
fred();
|
234.22 | What happened? | WRKSYS::MATTSON | | Tue Jul 23 1996 17:45 | 3 |
| Aww, this place is no fun anymore! I come in here expecting a nice,
down-and-dirty, nasty, mudslinging, name-calling fight, and everybody's
getting along now. What gives?
|
234.23 | | CSC32::HADDOCK | Saddle Rozinante | Tue Jul 23 1996 17:48 | 6 |
|
>What gives?
Don't know, I usually don't get this punchy 'til Friday.
fred();
|
234.24 | oops! | WRKSYS::MATTSON | | Tue Jul 23 1996 17:51 | 1 |
| Looks like George sent the wine to Fred's mail stop by mistake!
|
234.25 | | MKOTS3::RAUH | I survived the Cruel Spa | Tue Jul 23 1996 17:54 | 4 |
| >What gives?
I guess I am tired of the fights. Rather make love than make war mon.:)
|
234.26 | | CSC32::HADDOCK | Saddle Rozinante | Tue Jul 23 1996 17:56 | 11 |
|
> Wine will work, too. I can always take it home to drink :-)
Let's see, I have an old jug of Mogan David around here some where ;^).
Actually my wife makes what little I usually consume. We have this
old antique jug we found at a yard sale. Wicked stuff. Next batch
is going to have to be some of the raspberry stuff.---Hey wait a
minute--maybe that's what's been causing all that----naw--couldn't
be.
fred();
|
234.27 | Speaking of Whine | CSC32::HADDOCK | Saddle Rozinante | Tue Jul 23 1996 18:09 | 6 |
|
It's amazing what you can do with a jug, couple cans of fruit
concentrate, cup a sugar, pack of yeast, gallon of water, and
a condom.
fred();
|
234.28 | Really in their element... :> | SPECXN::CONLON | | Tue Jul 23 1996 18:59 | 8 |
| Reminds me of the joke about the two guys standing at the side
of a boat facing the water and relieving themselves.
One says, "Gee, the water is cold!"
The other one says, "And deep!!"
|
234.29 | | TEXAS1::SOBECKY | It's complicated. | Tue Jul 23 1996 19:48 | 42 |
| Back to reality...
Women can get away with almost any charge of 'abuse' these days.
Case in point:
I hadn't talked to my ex for several weeks last summer. She called me
up 5:30 Am one Tuesday morning, asks me to come over for coffee and to
talk.
I arrive at 6:15 Am. Turns out her new boyfriend wants her to sell the
house, which still has my name on the deed. I say no, let's let the
courts sort this out.
She flips out and screams "You know, I'm not sleeping well over this!"
I reply "Good, because none of us (the whole family including the kids)
is sleeping well over this divorce".
*TWO DAYS LATER* she deicides that I issued her a threat because I said
'Good'. She obtains a *ONE YEAR* restraining order against me,
absolutely no contact. She even wanted my daughter, who wears a leg
brace, to have to walk the 400 foot driveway for me to pick her up for
visitation.
The judge denied the walk for my daughter, but I am not allowed to get
out of the car in the driveway that I paid for. And I am not allowed
*any* contact with my wife for one year. even in matters concerning the
children's welfare (her request).
Suzanne, I don't want to put you on the spot, but is this fair? This is
a blatant example of a woman ABUSING the system to obtain a restraining
order for her own convenience; in this case, she was getting heavily
involved with her new boyfriend.
I support the correct use of restraining orders. I abhor their abuse.
But in today's climate, a woman can obtain one for no, or for false,
unprovable accusations.
What say you?
John
|
234.30 | | SPECXN::CONLON | | Wed Jul 24 1996 01:50 | 24 |
| RE: .29 John
> I support the correct use of restraining orders. I abhor their abuse.
> But in today's climate, a woman can obtain one for no, or for false,
> unprovable accusations.
Even as long ago as 1980, the parents of a close friend went into
'divorce mode' suddenly - at the point when the friend's mother was
about to file a restraining order, the friend's father filed one
instead. She had to leave the house immediately, etc., and he kept
the house. I don't know if either of them had grounds, but it was
a matter of who filed first.
A lot of terrible things happen in marriages sometimes, and divorces
can be some of the worst battle grounds of the world. Not everyone
even makes it out alive, as you know.
> What say you?
I'm sorry that you've gone through such a bad time. I went through
a bad time when I got divorced (years ago), too. Now I'm extremely
happily married.
I hope things work out well for you, too.
|
234.31 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 10:59 | 15 |
|
Something that desperately needs to be done in the area of abuse (and
rape for that matter) is to make the penalty for false accusation the
same as the penalty for the act. At this point, a woman can make
nearly any charge, the man must prove himself innocent, the man can
often never recover from the stigma of accusation even if he is
innocent, and the woman walks Scot free even when proven that the
allocation was bogus in the first place. This is necessary not only for
he men, but for the credibility of women who really are abused and
raped. In our society, as well as our constitution, we have a very
strong bias to protect the innocent, often at the expense of letting
the guilty go. Every time there is some b.s. charge of abuse or rape,
the real victims must fight even harder for their credibility.
fred();
|
234.32 | | MOVIES::POTTER | http://www.vmse.edo.dec.com/~potter/ | Wed Jul 24 1996 11:24 | 9 |
| re .31 hear hear!
I don't know what it's like in the US, but in the UK a female's identity will
always be protected whereas a male's will be made public, regardless of the
outcome of the case.
This is simply wrong.
//atp
|
234.33 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed Jul 24 1996 11:32 | 2 |
| ..which goes back to biblical times that man is born with sin. Woman...
whelp... she is pure as driven snow.
|
234.34 | | SPECXN::CONLON | | Wed Jul 24 1996 11:36 | 20 |
| Oh, pullease.
The vast majority of rapes go unreported (because it's already so
difficult to get a conviction.) Rape is the easiest crime to get
away with, in fact, because it usually takes multiple victims'
testimony against a rapist for the victims to be considered enough
for a conviction. Even when the perp's sperm is verified as evidence,
getting a conviction is still tough.
Rapists try to get 'off' rape charges by claiming that the women WANTED
to have sex with them after they broke into the women's houses and put
knives to their throats.
A former Digital employee told about being raped on a college campus
(where a stranger jumped out of the bushes at her), and during the trial,
the defense attorney asked her if she'd had an orgasm. (What????????)
The very, very, VERY last thing we want to do in rape prosecutions is
to fix it so that if the prosecution loses the case, then the victim
goes to prison for 20 or 40 years. That would be idiotic.
|
234.35 | | SPECXN::CONLON | | Wed Jul 24 1996 11:39 | 11 |
| RE: .33 Rauh
> ..which goes back to biblical times that man is born with sin. Woman...
> whelp... she is pure as driven snow.
Have you ever been near a Bible??
A woman caused humans to be thrown out of the Garden of Eden, per
the Bible (and women were considered too 'unclean' at certain moments
of their lives to be allowed into temples or churches to worship.)
|
234.36 | | SPECXN::CONLON | | Wed Jul 24 1996 11:45 | 21 |
| In the famous rape case in Connecticut (where the teenage guy was
accused by two women of the same rape M.O. - and the women didn't
even know each other), the defense attorneys are trying to get the
trials to be separate.
The only way to get a conviction (pretty much) is when more than
one woman testifies against the accused rapist. If they make two
separate trials, then they can tell each jury, "Gee, we have no idea
why this ONE WOMAN would make up such a story, but no one else can
corroborate it."
Both the rapes (which occurred three or four days apart) were the
same M.O. - the guy said the same things to each of the women (who
don't know each other.)
The defense also claims that both women beat THEMSELVES up on those
nights so they could accuse him. (What a coincidence, eh?) :|
If we made accusers do 20 to 40 years (or whatever) for accusing
someone of rape but not getting a conviction, we might as well make
rape legal in this country. It would amount to the same thing.
|
234.37 | | EDWIN::WAUGAMAN | Hardball, good ol' country | Wed Jul 24 1996 12:04 | 16 |
|
> The very, very, VERY last thing we want to do in rape prosecutions is
> to fix it so that if the prosecution loses the case, then the victim
> goes to prison for 20 or 40 years. That would be idiotic.
I don't think that was the suggestion. "False accusation" would
in itself be a criminal offense that requires the burden of proof.
Beyond a reasonable doubt and all that...
In fact under the charge of purgery and perhaps other felony charges
prosecution for these offenses is already possible. But it doesn't
often happen, and definitely not for something issued as routinely
as restraining orders.
Glenn
|
234.38 | | MROA::YANNEKIS | Hi, I'm a 10 year NOTES addict | Wed Jul 24 1996 12:05 | 23 |
|
> The very, very, VERY last thing we want to do in rape prosecutions is
> to fix it so that if the prosecution loses the case, then the victim
> goes to prison for 20 or 40 years. That would be idiotic.
Losing the case does not necessarily equal false charges. Some cases
of false charges are pretty easy to prove. There was one accusation
against a college student by his ex-girlfriend. His alibi; he was in
Europe with a ton of witnesses when "the rape" occurred. The case was
dropped but years later he still is often referred to as the guy who
was accused of rape. She admitted making up the charges and nothing
happened to her (other than whatever guilt she has).
I would guess cases such as these are relatively rare compared to
unreported rapes. Ultimately, the number probably doesn't matter much
... every case hurts the credibility of legitimate rape victims ... and
gives folks a (legitimate) beef with the way the system sometimes
treats men.
Greg
|
234.39 | Thanks, Glenn and Greg! | SPECXN::CONLON | | Wed Jul 24 1996 12:13 | 14 |
| 'Perjury' is a crime in itself (with a much, much smaller punishment
than rape.)
If it can be proven that a person knowingly lied under oath, then the
person should be tried for perjury (not RAPE, if the perjury occurred
about a rape case.)
Unless a person can be proven (beyond a reasonable doubt) to have lied
under oath, they should not be punished at all. It isn't enough for
a person's accusations to fail to be proven in court.
A person would have to be proven guilty beyond a reasonable doubt of
committing perjury. (This is difficult to prove because a person
can believe s/he is telling the truth, even if the facts are incorrect.)
|
234.40 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 12:14 | 28 |
| re .34
Oh, Pullease.
To try to make the case that someone who is guilty of one crime should
get off simply because someone who is guilty of another crime gets
off is pure hocum.
In the case of false accusation, the false accusation would have to be
proven. That is even more difficult that proving rape. Only a few
cases have actually been proven to be intentional and malicious.
However, the damage done by these cases in the form of suspicion
about the credibility of real victims is a major part of the cause
of the problem that you so highly deplore.
Yet I recall one case a few years back where the woman was proven
to have intentionally filed false charges. The judges decision
which included a few days jail time and a public apology was met
with shrieks of outrage from the victim-feminist crowd.
The famed DNA matching so highly touted in the O.J. case has been
a boon to many men in prison for rape. They have been able to go
back, and, using DNA "fingerprints", prove that they were falsely
imprisoned. Yet for the woman to be prosecuted for intentional
false accusation would still be very difficult in most of these
cases.
fred();
|
234.41 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed Jul 24 1996 12:19 | 5 |
| What of the man who was released some 5 or so years ago, who spent 11
years in prision for rape, and was let out cause she could not sleep at
night over it.... Gee... justice?
|
234.42 | Freeing convicted rapists on old DNA may have been a SCAM. | SPECXN::CONLON | | Wed Jul 24 1996 12:20 | 31 |
| RE: .40 Fred
> To try to make the case that someone who is guilty of one crime should
> get off simply because someone who is guilty of another crime gets
> off is pure hocum.
Not that I said this, of course.
> The famed DNA matching so highly touted in the O.J. case has been
> a boon to many men in prison for rape. They have been able to go
> back, and, using DNA "fingerprints", prove that they were falsely
> imprisoned. Yet for the woman to be prosecuted for intentional
> false accusation would still be very difficult in most of these
> cases.
One of the men freed due to delayed DNA testing (years later) is
back in custody for RAPE. A woman was able to describe the car of
a man who raped her (with the first three license plate numbers.)
They found that the car belonged to another woman, but the car was
not at her home when they looked for it. So they waited to see who
would show up in this car. It was the guy who had been released from
prison due to the DNA testing. Surprise, surprise.
They are now starting to doubt that these men should have been freed.
The DNA testing was probably faulty.
Imagine if they'd thrown this man's accusers in jail? (There were
multiple women who identified him as a rapist.)
I wouldn't plan on seeing any additional men freed from jail based on
old DNA evidence. This defense is in serious jeopardy right now.
|
234.43 | | SPECXN::CONLON | | Wed Jul 24 1996 12:28 | 6 |
| My point about too many people getting away with rape is that the
last thing we want to do is to make it even MORE difficult to get
rape convictions by threatening the victims with 20 to 40 years
in prison if no one believes them.
|
234.44 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 12:30 | 22 |
| > Unless a person can be proven (beyond a reasonable doubt) to have lied
> under oath, they should not be punished at all. It isn't enough for
> a person's accusations to fail to be proven in court.
>
> A person would have to be proven guilty beyond a reasonable doubt of
> committing perjury. (This is difficult to prove because a person
> can believe s/he is telling the truth, even if the facts are incorrect.)
Earlier (.34) you deplored the tactics of the defense in a trial where
the defendant was accused of rape. Now you trumpet the right to
"proven beyond a reasonable doubt" for a woman accused of perjury.
Very telling, Suzanne.
Once again you have unintentionally supported my argument. Conviction
for false accusation would be difficult and probably rare, but for
those where it _is_ proven, especially those where the real victim,
the man, has had to do "hard time", then I say it is not enough
to simply let the man out of prison. What happens to men in prison,
especially those convicted of rape, is one of the dirty little
not-so-secrets of the penal system.
fred();
|
234.45 | People who rape/kill children are treated the worst in prison. | SPECXN::CONLON | | Wed Jul 24 1996 12:37 | 20 |
| RE: .44 Fred
> Earlier (.34) you deplored the tactics of the defense in a trial where
> the defendant was accused of rape. Now you trumpet the right to
> "proven beyond a reasonable doubt" for a woman accused of perjury.
> Very telling, Suzanne.
Asking a rape victim if she had an orgasm during a brutal ('stranger
jumps out of the bushes') rape is totally outrageous. It has nothing
to do with the rapist's guilt or innocence AT ALL - it has to do with
harassing the victim.
The defense attorney in a rape case can challenge evidence, etc., all
they want. It's what they're supposed to do. But asking a rape victim
if she had an orgasm during the rape goes beyond the pale (EVEN FOR YOU!)
> Once again you have unintentionally supported my argument.
Once again, you've shown that you don't have the slightest idea what
makes a valid argument in the first place.
|
234.46 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 12:41 | 23 |
|
re .42
> One of the men freed due to delayed DNA testing (years later) is
That's one man out of how many?
> The DNA testing was probably faulty.
O.J's accusers are going to be real sorry to hear that.
> Imagine if they'd thrown this man's accusers in jail? (There were
> multiple women who identified him as a rapist.)
Mistakes happen, but if it can be _proven_ that the accusation was
_intentionally_ false, then something needs to be done. Not only
for the men, but for the credibility of the real victims. I guarantee
you the damage done to real victims, by making it even harder for them
to receive justice, far exceeds the damage done to men.
fred();
|
234.48 | Shouldn't have to go that far... | EDWIN::WAUGAMAN | Hardball, good ol' country | Wed Jul 24 1996 12:47 | 14 |
|
> Unless a person can be proven (beyond a reasonable doubt) to have lied
> under oath, they should not be punished at all.
I would disagree. I think simply making a demonstrably,
intentionally false charge in the first place should be a
punishable offense. Arguments you hear all the time such as
"this chips away at protections for battered women, rape
victims" (arguable anyway) have political aims and not justice
in mind. Right is right, wrong is wrong. And there must always
be means for recourse in the justice system to have justice.
Glenn
|
234.49 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 12:49 | 26 |
| re .45
> Asking a rape victim if she had an orgasm during a brutal ('stranger
> jumps out of the bushes') rape is totally outrageous. It has nothing
> to do with the rapist's guilt or innocence AT ALL - it has to do with
> harassing the victim.
It is the _duty_ of a defense attourney to do everything he/she
_legally_ can to get is client off. That is the way our court system
is set up. Just as it would be the _duty_ of an attourney to get
someone of false accusation off. If he doesn't, then the case can
be overturned on appeal.
> The defense attorney in a rape case can challenge evidence, etc., all
> they want. It's what they're supposed to do. But asking a rape victim
> if she had an orgasm during the rape goes beyond the pale (EVEN FOR YOU!)
Once again your personal attacks prove my point more than support your
argument.
A better tactic for the victim-feminist crowd may be to educate more
rape victims on what evidence is needed, and what they will face in court,
in order to get a conviction.
fred();
|
234.50 | | EDWIN::WAUGAMAN | Hardball, good ol' country | Wed Jul 24 1996 13:03 | 24 |
|
> A better tactic for the victim-feminist crowd may be to educate more
> rape victims on what evidence is needed, and what they will face in court,
> in order to get a conviction.
All of this has little to do with public policy, our specific
laws, and most everything to do with what you can pull over on a
jury. I care about the former, but the latter is a tough one to
deal with and not just in cases of rape. Are our laws unfair to
rape victims versus other victims? I don't know, but don't think
appeciably so.
But the original discussion centered around restraining orders...
are they too easy to get? Are the laws and adjudication unfair?
Is there abuse? I think most certainly so.
I guess I don't much have a huge problem with the nervous judge who
issues a restraining order based on shaky initial evidence because
it's his neck on the line if he doesn't. But down the line, there
should be criminal recourse...
Glenn
|
234.51 | | SPECXN::CONLON | | Wed Jul 24 1996 13:05 | 19 |
| RE: .48 Glenn
>> Unless a person can be proven (beyond a reasonable doubt) to have lied
>> under oath, they should not be punished at all.
> I would disagree. I think simply making a demonstrably,
> intentionally false charge in the first place should be a
> punishable offense.
The person would still have to be proven beyond a reasonable doubt
of committing a crime (and the punishment should be appropriate
for the crime.)
Earlier, Fred wanted to put a rape accuser in jail for a RAPE sentence
for making a false accusation. First, there would need to be a full
trial for the 'lie' (and there better be a specific crime being broken
in this), and second, the punishment should fit the crime.
People don't get 20 to 40 years in prison for telling lies.
|
234.52 | Stop whining! | SPECXN::CONLON | | Wed Jul 24 1996 13:08 | 6 |
| Fred, stop throwing personal remarks at me if you don't like it
when I fire back.
If you don't want to stick to the subject matter at hand, then don't
reply to me at all anymore.
|
234.53 | | EDWIN::WAUGAMAN | Hardball, good ol' country | Wed Jul 24 1996 13:11 | 15 |
|
> Earlier, Fred wanted to put a rape accuser in jail for a RAPE sentence
> for making a false accusation. First, there would need to be a full
> trial for the 'lie' (and there better be a specific crime being broken
> in this), and second, the punishment should fit the crime.
>
> People don't get 20 to 40 years in prison for telling lies.
Well, let's just say that some lies are more heinous than others.
And this one, where someone's life is ruined out of vengeange or
spite or whatnot, rates right near the top. I can easily justify
jail time for such a destructive crime against another's person...
Glenn
|
234.54 | | SPECXN::CONLON | | Wed Jul 24 1996 13:12 | 16 |
| RE: .50
> I guess I don't much have a huge problem with the nervous judge who
> issues a restraining order based on shaky initial evidence because
> it's his neck on the line if he doesn't. But down the line, there
> should be criminal recourse...
So, should the judge say, "Hey, I'm giving you this restraining order,
but if you don't get killed anyway, then we'll have to prosecute you
later for making the false claim that your life was in danger" ??
If the woman worries that her life is in danger, the judge's neck *is*
on the line if the judge refuses to grant the order. How do you prove
later that you really believed that your life was in danger?
It's a problem to prove that a person wasn't really afraid.
|
234.55 | Where's the problem here? | EDWIN::WAUGAMAN | Hardball, good ol' country | Wed Jul 24 1996 13:15 | 8 |
|
> It's a problem to prove that a person wasn't really afraid.
But it's not a problem (an ethical one I mean; it is a practical
one) to prove that a person _lied_.
Glenn
|
234.56 | | SPECXN::CONLON | | Wed Jul 24 1996 13:16 | 15 |
| RE: .53 Glenn
> Well, let's just say that some lies are more heinous than others.
> And this one, where someone's life is ruined out of vengeange or
> spite or whatnot, rates right near the top. I can easily justify
> jail time for such a destructive crime against another's person...
People don't go to jail for slander or libel, though.
Usually, if a plaintiff wins in such a case, the defendant pays money
to the plaintiff for damages.
Why would you want to 'single out' women who report rapes or abuse
to go to jail if the accused tries to make the case that the accuser
made a false accusation?
|
234.57 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 13:19 | 9 |
| re .51
> People don't get 20 to 40 years in prison for telling lies.
When as a direct result of that lie someone goes to prison where
they will suffer multiple rape and multiple assult, they should
go to jail for 20-40.
fred();
|
234.58 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 13:23 | 13 |
| > <<< Note 234.52 by SPECXN::CONLON >>>
> -< Stop whining! >-
>
> Fred, stop throwing personal remarks at me if you don't like it
> when I fire back.
>
> If you don't want to stick to the subject matter at hand, then don't
> reply to me at all anymore.
How typically hypocritical of you, Suzanne.
fred();
|
234.59 | | EDWIN::WAUGAMAN | Hardball, good ol' country | Wed Jul 24 1996 13:23 | 22 |
|
> People don't go to jail for slander or libel, though.
>
> Usually, if a plaintiff wins in such a case, the defendant pays money
> to the plaintiff for damages.
If they don't, that's not saying it's right. I can see instances
where jail time is just as defensible as for perjury. But we're
just talking about the penalty here, which is not the key issue.
The key issue is the false accuser being allowed to walk away,
totally unhindered.
> Why would you want to 'single out' women who report rapes or abuse
> to go to jail if the accused tries to make the case that the accuser
> made a false accusation?
There's no "singling out". Whatever the false accusation, allow
the burden of proof to fall on the prosecution, and the punishment
fit the crime.
Glenn
|
234.60 | | SPECXN::CONLON | | Wed Jul 24 1996 13:28 | 10 |
| Fred, forget it.
All these things you keep saying about me are personal attacks, whether
your planet recognizes them as such or not.
If you can't handle it when I fire back at your personal remarks, then
don't write to me AT ALL anymore.
Forget I exist. You have lost the right to have any further
conversations with me.
|
234.61 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 13:31 | 6 |
|
re .60
I think I'll frame that one and hang it on the wall. <:^).
fred();
|
234.62 | | SPECXN::CONLON | | Wed Jul 24 1996 13:33 | 10 |
| Glenn - again, the last thing we want to do in rape prosecutions in
this country is to threaten the victims for coming forward.
Too few rapes are reported now - if we threaten victims that they
can go to prison themselves for 20 to 40 years if the court believes
that they lied about it, we might as well make rape legal in this
country.
It would have the same effect.
|
234.63 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 13:37 | 8 |
|
re .62
To try to justify false accusation and deny the victims of such justice
is just as odious, IMNSHO, as trying to justify rape and the denial
of legal recourse to the victims of such.
fred();
|
234.64 | | SPECXN::CONLON | | Wed Jul 24 1996 13:39 | 9 |
| Regarding DNA evidence discussed earlier...
The most difficult part is getting a match. If the evidence has been
contaminated or damaged, a match will not result.
So, it's easy to see how convicted rapists' DNA could fail to match
with the evidence years later. It now appears that some guilty
people have been released in such cases.
|
234.65 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 13:42 | 11 |
|
re .64
> So, it's easy to see how convicted rapists' DNA could fail to match
> with the evidence years later. It now appears that some guilty
> people have been released in such cases.
Nevertheless, it is almost certain that many innocent people have gone
to jail. Which, in our society, is far worse.
fred();
|
234.66 | We need MORE rape convictions in this country, not LESS. | SPECXN::CONLON | | Wed Jul 24 1996 13:48 | 11 |
| The vast majority of rape crimes go unreported. Even the reported
cases do not go to trial in most cases because rape is one of the
most difficult crimes to prove in our legal system.
The last thing we should do is to decide that the very, very, VERY
few rape cases which get a conviction are probably false accusations.
It's appalling that raping and abusing women are two of the easiest
crimes to do in our society without paying for it. Casting suspicion
on the victims even MORE is a move in the wrong direction (unless a
person is looking to make rape virtually legal.)
|
234.67 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed Jul 24 1996 13:53 | 9 |
| .53 > People don't go to jail for slander or libel, though.
THIS IS THE CRUST OF THE PROBLEM!! That if there is slander, false
accusations, etc. women don't go to jail or held responsible. Case in
point is the woman who sends the man to the big house for rape for 11
years and cannot sleep over it. Wish like hell I could remember this
case. Or perhaps the case of Norm or Jan who have had run in's.
|
234.68 | | SPECXN::CONLON | | Wed Jul 24 1996 13:54 | 11 |
| HBO (I think) had a special program about violent crime some months
back, and they showed part of a videotape that a man had made while
he was raping a woman.
They showed this tape at the man's trial. The rape lasted one to
two hours, and the jury had to watch the whole thing. It was a
devastating experience for these jurors.
They gave him life in prison because SEEING what actually occurs in
a rape was so horrifying to the jury. The guy was lucky that they
didn't vote to execute him.
|
234.69 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 13:56 | 11 |
| re .66
> -< We need MORE rape convictions in this country, not LESS. >-
I agree, but I find _your_ cure every bit as odious as the desease.
Actually, given that society finds the imprisonment of the innocent
far more odious than the release of the guilty, your cure, the
continued false imprisonment of the innocent in order to imprison
more guilty, is worse than the disease.
fred();
|
234.70 | | MOVIES::POTTER | http://www.vmse.edo.dec.com/~potter/ | Wed Jul 24 1996 13:58 | 22 |
| To ::CONLON
Some of what you're saying here seems awfully scary to me. May I ask you to
give a simple answer to the following questions?
Here's a scenario:
Person A deliberately, maliciously and knowingly makes a false allagation
against B. This allegation could result in person B spending forty years
in prison.
The allegation is proven to be false. There is ample evidence of A's malice.
QUESTIONS
1 - Should A be prosecuted?
2 - What kind of sentence should be given to A for the crime?
regards,
//alan
|
234.71 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed Jul 24 1996 13:59 | 9 |
| .66 >We need MORE rape convicitons in this country,
Yes, Lets mount up the possy and go find us a rapest and hang the
sucker from a tall tree. Perhaps we can find that guy over there who
looks rather like a rapest. Notice those beady eyes, that sloping
forhead, those knuckles that drag in the dirt... hummm.. neanderthal
type all right.
|
234.72 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 14:01 | 7 |
| re .68
If nothing else, the guy should have gone to jail for stupidity.
For the life of me, thought, I cannot fathom what .68 has to do
with false accusation.
fred();
|
234.73 | | SPECXN::CONLON | | Wed Jul 24 1996 14:07 | 27 |
| RE: .70 Potter
> Here's a scenario:
> Person A deliberately, maliciously and knowingly makes a false allagation
> against B. This allegation could result in person B spending forty years
> in prison.
Do you honestly believe that any woman can walk into a police station
and make an accusation which can send any man to prison for 40 years?
Most rape cases DO NOT MAKE IT TO TRIAL (even among the very few that
are reported) because they are too tough to prove.
> The allegation is proven to be false. There is ample evidence of A's
> malice.
You're saying that this comes out in the investigation?
> 1 - Should A be prosecuted?
If there is enough evidence to prove guilt beyond a reasonable doubt,
then take it to trial.
> 2 - What kind of sentence should be given to A for the crime?
What is the crime? Lying?
|
234.74 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 14:12 | 14 |
| re .73
> Do you honestly believe that any woman can walk into a police station
> and make an accusation which can send any man to prison for 40 years?
Can you actually claim, with a straight face, that it doesn't happen.
> What is the crime? Lying?
Attempted false imprisonment, attempted rape, and attempted assault
for starters, because of you are a party to the crime, then under
our law, you are guilty of the crime.
fred();
|
234.75 | | SPECXN::CONLON | | Wed Jul 24 1996 14:12 | 12 |
| In this country, we have an abysmal history of men getting away with
rape.
Yet, some feel that rape should become even TOUGHER to prosecute.
Some want to cast MORE DOUBT on the victims (those who claim they've
been raped) supposedly 'for the sake of the REAL victims'.
What is really bizarre is that the biggest fear that these same men
have about going to prison is that THEY will be raped by the men there.
(Gee, if it's so COMMON for violent men to commit rape, then why do
some people want to cast doubt on women's stories about being raped?)
|
234.76 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 14:16 | 8 |
|
re .75
And there actaully some who advocate the victimizing and brutalizing
one group to the benefit of another. Of which, we seem to have here,
a prime example.
fred();
|
234.77 | | SPECXN::CONLON | | Wed Jul 24 1996 14:17 | 9 |
| Do prosecutors become accessories to prison rape when they convict
a man who is later raped in prison?
Is prison rape legal if the man was guilty of the crime which sent
him to prison in the first place?
(Why is it such a 'given' that men rape while in prison? In women's
prisons, rape is almost non-existent. What is it about men that makes
rape such a danger when violent men are locked up together?)
|
234.78 | | MOVIES::POTTER | http://www.vmse.edo.dec.com/~potter/ | Wed Jul 24 1996 14:17 | 45 |
| Do you honestly believe that any woman can walk into a police station
and make an accusation which can send any man to prison for 40 years?
With suitable pre-planning and fabrication of evidence, yes. Look at it
this way, there are > 4,000,000,000 people in the world, of which roughly
half are female. So yes, I believe that there may be suitably malicious
people on the planet.
Most rape cases DO NOT MAKE IT TO TRIAL (even among the very few that
are reported) because they are too tough to prove.
This, while deplorable, is completely irrelevant to the question I was asking.
> The allegation is proven to be false. There is ample evidence of A's
> malice.
You're saying that this comes out in the investigation?
Yep, that'll do as a suitable time for it to come out/
> 1 - Should A be prosecuted?
If there is enough evidence to prove guilt beyond a reasonable doubt,
then take it to trial.
Good, we agree here.
> 2 - What kind of sentence should be given to A for the crime?
What is the crime? Lying?
Call it what you want - lying, maliciously trying to cause the illegal
imprisonment of person A. If money is involved, then it could well be a
case of demanding money with menaces.
My belief is that someone who attempts to arrange for the wrongful of
imprisonment of another person should be open to suffering the punishment
that would have been suffered by the victim, subject of course to
extenuating circumstances.
regards,
//alan
PS Just in case you are in any doubt, I find the whole notion of rape
abhorrent.
|
234.79 | | SPECXN::CONLON | | Wed Jul 24 1996 14:21 | 18 |
| RE: .78 Potter
> My belief is that someone who attempts to arrange for the wrongful of
> imprisonment of another person should be open to suffering the punishment
> that would have been suffered by the victim, subject of course to
> extenuating circumstances.
No way!!
Why on Earth would you want to threaten rape victims with the warning
that they could be sent to prison for 20 to 40 years if no one believes
them?
"Do you want to testify against this man for the brutal rape you
suffered last week? You could go to prison for 40 years if they
think you're not telling the truth."
No one would press charges. Rape would become virtually legal.
|
234.80 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 14:25 | 26 |
|
re .77
> Do prosecutors become accessories to prison rape when they convict
> a man who is later raped in prison?
No. But a prosecutor who would deliberately and knowingly send _any_
innocent person into such an environment should be prosecuted.
> Is prison rape legal if the man was guilty of the crime which sent
> him to prison in the first place?
No.
> (Why is it such a 'given' that men rape while in prison? In women's
> prisons, rape is almost non-existent. What is it about men that makes
> rape such a danger when violent men are locked up together?)
A lot of prison wardens would like to know the answer to this one.
If you figure it out, it would likely make you rich. However, I
note that you do not deny it exists. So what should be done to a
person would deliberately send an innocent person (man or woman)
into such an environment?
fred();
|
234.81 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed Jul 24 1996 14:26 | 2 |
| I think its time to break out the wine.. :)
|
234.82 | | MOVIES::POTTER | http://www.vmse.edo.dec.com/~potter/ | Wed Jul 24 1996 14:30 | 36 |
| > My belief is that someone who attempts to arrange for the wrongful of
> imprisonment of another person should be open to suffering the punishment
> that would have been suffered by the victim, subject of course to
> extenuating circumstances.
No way!!
Why on Earth would you want to threaten rape victims with the warning
that they could be sent to prison for 20 to 40 years if no one believes
them?
That's not what I'm saying. But liars could go to prison for twenty to forty
years if it could be proved beyond reasonable doubt that they lied.
Criminal prosecution depends on the evidence of 'beyond reasonable doubt'.
If the jury doesn't believe that an accuser is telling the truth, then the
accused must go free.
Under my suggestion, a possible false accuser would only be punished ifit
could be proved that the accusation was - BEYOND REASONABLE DOUBT - made
deliberately and maliciously.
Do you understand the difference that I'm trying to get across?
"Do you want to testify against this man for the brutal rape you
suffered last week? You could go to prison for 40 years if they
think you're not telling the truth."
No one would press charges. Rape would become virtually legal.
What you are defending is a system where men can be extorted with impunity.
Is this any better?
regards,
//alan
|
234.83 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 14:30 | 7 |
|
> No one would press charges. Rape would become virtually legal.
As it is, false imprisonment is virtually legal. I find it absolutely
incredible that you keep trying to defend and justify it.
fred();
|
234.84 | | MOVIES::POTTER | http://www.vmse.edo.dec.com/~potter/ | Wed Jul 24 1996 14:32 | 8 |
| I think its time to break out the wine.. :)
Well, it's 1830 here and the sun is if not over then at least fairly close to
the yard arm. However, I've promised to drive my wife over to the health club
and take part in a step class this evening, so it may not be such a good idea!
regards,
//alan
|
234.85 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 14:34 | 3 |
|
Raspberries all around. ;^).
fred();
|
234.86 | | UCXAXP::64034::GRADY | Squash that bug! (tm) | Wed Jul 24 1996 14:45 | 8 |
| Re: Crust of the problem.
You know, George, I used to wince at your mis-spellings, but nowadays I
really get a chuckle outta them. Misspell away!
;-)
tim
|
234.87 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed Jul 24 1996 14:54 | 8 |
| Tim, when your writing, answering the phone, and answering questions
from folks just looking for a good answer to a local problem. spelling
becomes the lowest level of priority. Sorry for it all, glad you like
the yucks.:)
Mean time, its going to be another whining day for sum of us>:)
|
234.88 | A bit off, but appropriate. | ACISS1::ROCUSH | | Wed Jul 24 1996 15:03 | 24 |
| Although this has digressed into a discussion of rape, which I did not
intend, it does seem to somewhat fit with the topic.
The editorial I referenced pointed out that a serious issue, spousal
abuse and battering, has been so bastardized as to be almost
meaningless at this time. Point in question was using the battered
woman syndrome because a guy worked late and at times would not talk to
his wife. THis is a serious example of battering??
The same is true with what is being called rape today. In way too many
cases it comes out as lovers remorse the day after. The attitude gives
credence to unjustified claims of rape. that does not mean that it
doesn't happen, but as in the battering case, it is way over the top in
terms of appropriateness. I believe this is what leads to the
trivialization of the charges.
In this vein, it is more than appropriate that the accuser be held
accountable for any FALSE accusations. As was cited in the case of the
woman who accused the man of rape when he was a continent away. this
is inexcusable and the accuser should certainly face the consequences
equal to what the accused would have faced. to oppose this very basic
fairness would identify an attitude that has nothing to do with
fairness or justice, but rather an attempt at blind vengance.
|
234.89 | | SPECXN::CONLON | | Wed Jul 24 1996 15:11 | 50 |
| RE: .82 Potter
>> "Do you want to testify against this man for the brutal rape you
>> suffered last week? You could go to prison for 40 years if they
>> think you're not telling the truth."
>> No one would press charges. Rape would become virtually legal.
> What you are defending is a system where men can be extorted with
> impunity. Is this any better?
Men ***AND*** women can be falsely accused of crimes without the
accuser going to prison for making false claims. You can't possibly
claim that it's only possible for this to happen to men.
You simply want to single out rape victims (who are mostly women,
what a coincidence) to be threatened with jail time when they make
their accusations.
Remember - if you think it's so doggone possible for people to go
to jail unfairly, then RAPE VICTIMS could go to jail just as unfairly
by a REAL RAPIST with a good lawyer, an airtight false alibi, and
some friends who are willing to swear that the accuser admitted that
she lied about the rape.
Threatening rape victims (without giving similar threats to ALL crime
victims) is singling women out. Just imagine the weapon you'd give
to real rapists:
"If you report this rape, my expensive lawyer will make
sure that you go to prison for 40 years. I already have
an airtight alibi set up, and I've got friends who are
ready to testify that you admitted that I never raped you.
(I told my friends that we were lovers and that you were
going to want to get back at me for dumping you.)"
Threatening victims with decades in jail is (literally) the LAST thing
we need to do in our legal system.
As people with a reasonable amount of intelligence here know, I'm not
defending false accusations. Hardly!! It's possible for people to
go to prison unjustly for robbery, murder and almost ANY crime (whether
they are men OR women.) The only way to make sure that NO ONE ever
goes to prison unjustly is to stop prosecuting all crime in this country.
Otherwise, the legal system does the best it can.
If you single out women to threaten when they report rape, you're
talking about putting extra weapons in the hands of rapists (who
already have too many weapons in their favor, as it is.)
|
234.90 | FWIW | NAC::WALTER | | Wed Jul 24 1996 15:11 | 13 |
|
First of all, anyone who lies on the stand will be arrested for perjury.
Purgery can carry a 10 year sentance and yes, its been told to people who
have reported stalking, threatening and abuse charges. In fact, its
been told several times in Massachusetts Police stations.
The accuser is also informed that if they keep a man/women in confinement
(aka stalking you are held without bail) and they find out that it
was a false charge, the police department, the arresting officer and
the person who made the charges are all going to be sued.
|
234.91 | Thanks! | SPECXN::CONLON | | Wed Jul 24 1996 15:16 | 8 |
| RE: .90
Thank you for this information!
So the problem is already solved (without threatening rape victims with
40 year prison terms.)
|
234.92 | | SPECXN::CONLON | | Wed Jul 24 1996 15:25 | 28 |
| RE: .88 Rocush
> The same is true with what is being called rape today. In way too many
> cases it comes out as lovers remorse the day after. The attitude gives
> credence to unjustified claims of rape.
How many cases is that, precisely? What percentage? 1%? 2%?
Considering that rape victims are put 'on trial' (even today) in rape
cases and that the experience is almost as traumatic as the original
rape, charging rape when you have 'lovers remorse' is like shaving
your head after being sorry for getting your hair cut too short.
Telling people about the situation can only make so-called 'lovers
remorse' worse. If someone was sorry about having sex, it would be
infinitely easier to pretend it didn't happen.
> that does not mean that it doesn't happen, but as in the battering case,
> it is way over the top in terms of appropriateness.
So you believe that rape is rare, even though men rape *each other* like
bunnies in prison. Perhaps you believe that men are really more
attracted to other men (in general) than they are attracted to women.
> I believe this is what leads to the trivialization of the charges.
Deciding that many (most?) rape charges are 'lovers remorse' leads to
the trivialization of rape charges.
|
234.93 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 15:26 | 12 |
|
>First of all, anyone who lies on the stand will be arrested for
>perjury.
In practice, though, perjury is _rarely_ prosecuted. Unless it is
a Republican testifying to Congress.
fred();
P.S. The scariest thing I find about Suzanne is not Suzanne herself, but
that so many like her, who have demonstrated themselves to be out
and out bigots, are regarded as heroes by so many in our society.
|
234.94 | RE: General... | SPECXN::CONLON | | Wed Jul 24 1996 15:27 | 5 |
| If you believe that it's incredibly COMMON for heterosexual men to
rape EACH OTHER in prison, then why is it so difficult to believe
it when women accuse heterosexual men of raping women outside of
prison?
|
234.95 | | SPECXN::CONLON | | Wed Jul 24 1996 15:28 | 4 |
| So now Fred calls me a bigot, I see.
He'd cry like a baby if I fired back at him, so I won't. :/
|
234.96 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 15:31 | 13 |
|
> If you believe that it's incredibly COMMON for heterosexual men to
> rape EACH OTHER in prison, then why is it so difficult to believe
> it when women accuse heterosexual men of raping women outside of
> prison?
That is a gross exaggeration on your part. You on, the other hand
have certainly provided us with ample testimony that you believe that
false accusation never happens, if it does should be ignored in favor
of jailing more "rapists".
fred();
|
234.97 | | SPECXN::CONLON | | Wed Jul 24 1996 15:32 | 11 |
| When ANYONE makes an accusation of a crime about ANYONE else, the
investigation should (and DOES) include the possibility of charging
someone with a crime if the accusation was knowingly false.
Rape victims should NOT be singled out, and especially with THREATS
of 40 year jail terms.
Defense lawyers try to intimidate rape victims on the stand anyway.
Threatening victims with 40 years of jail time is not in the best
interests of the legal system.
|
234.98 | I want more convictions of real rapists - there are TOO MANY. | SPECXN::CONLON | | Wed Jul 24 1996 15:34 | 8 |
| Only an idiot would read my notes and decide that I want *anyone* to
go to jail unjustly. I've never said this and I certainly don't
mean this.
I don't want rape victims threatened with 40 year jail terms for
reporting the crime of rape. It would make rape virtually legal
in this country.
|
234.99 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 15:37 | 10 |
|
> Rape victims should NOT be singled out, and especially with THREATS
> of 40 year jail terms.
I believe the initial premise was that _anyone_ who falsely accuses
_anyone_ else of a crime should suffer the same consequence that the
accused would have suffered. The "single our rape victims" is an
invention on your part to perpetuate your victim-hood.
fred();
|
234.100 | No rational lawmaker is going to threaten victims with 40 years. | SPECXN::CONLON | | Wed Jul 24 1996 15:39 | 10 |
| It would be no better to threaten ALL crime victims with decades in
prison for reporting the crimes.
We have a system in place to prosecute false reports and perjury.
These are crimes themselves.
If a witness to a murder turns out to have been wrong in their
testimony, would anyone here want to see the witness executed?
Get real.
|
234.101 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 15:42 | 13 |
|
< I want more convictions of real rapists - there are TOO MANY.>-
I do not disagree with that. But I, as does society, find your
cure for the problem even more odious than the disease. I have
offered a perfectly reasonable improvement--to educate more
women to know what evidence will be needed and what they will
face in court so that they can back up their accusation in court.
This attitude of "poor little picked on women" I find repugnant
coming from someone who so adamantly advocates "equal rights".
fred();
|
234.102 | | ACISS1::ROCUSH | | Wed Jul 24 1996 15:46 | 31 |
| First of all, no one singled out rape victims. the conversation went
down the rape rathole. so don't get on a high horse about just
singling out rape.
Second, as with any crime, the victim should have all of the rights to
wehich they are entitled. I believe the legal system gives way too
many rights to the defendant and way too many guilty people walk free.
That having been free, the only crime worse is false accusation.
Unfortunately I have no statistics readily available aon the instances
of "date rape", but I would aimagine they are available. It is these
cases that I tend to think fall into the lovers remorse category. It's
a lot easier to claim rape than stupidity or second thoughts.
You do, however, ignore the caseo fhte truly innocent person falsely
accused. If I am accused of a crime, whether rape or not, and am
innocent, then the accuser should face the same sentence that I would
have received if convicted. A slap on the wrist is no deterent. See
our current system.
Also, your scenario about the air-tight false alibi putting pressure on
the victim, is really irrelevant. If this guy had such a defense he
wouldn't go to trial in the first place. The prosecutor would not
bother with the case in the first place if the rapist had such a solid
alibi to start with. Nice scenario, but irrelevant.
What qabout the woman who claimed battering as a defense when her
husband worked late. this woman should fry, and if not, it makes a
mockery of actual battering. If you think this is valid, then you have
an entirely different agenda.
|
234.103 | | SPECXN::CONLON | | Wed Jul 24 1996 15:48 | 15 |
| NO WAY IN HELL does this society seek to threaten rape victims with
40 years in prison if the report is viewed to be false.
NO WAY IN HELL is our legal system going to change to do this.
I have no 'cure' for the problems of rape being almost impossible
to prosecute. Our legal system is set up to try to avoid convicting
innocent people, and often, the crime of rape has little more than
a victim's testimony as evidence. Most of the time, this simply
isn't enough (so most rape cases never make it to trial.)
Perhaps a more accurate 'lie detector test' could be invented which
would be allowed in court. This might be the 'cure' we get someday.
Until then, I have no 'cure' (much less a 'cure' that society has an
opinion about.)
|
234.104 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 15:48 | 26 |
|
re .100
> It would be no better to threaten ALL crime victims with decades in
> prison for reporting the crimes.
>
> We have a system in place to prosecute false reports and perjury.
> These are crimes themselves.
1) as you indicate, all victims are _already_ threatened. 2) As
indicated, those threats are rarely carried out even in extreme cases.
> If a witness to a murder turns out to have been wrong in their
> testimony, would anyone here want to see the witness executed?
If a witness can be proven to have deliberately given false testimony,
then he would be guilty of attempted murder if the accused would
have suffered the death penalty. There has bee more than one
case of planted evidence by the police forces.
>Get real.
3.14159? ;^).
fred();
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234.105 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 15:51 | 10 |
|
re .103
> NO WAY IN HELL is our legal system going to change to do this.
At least as long as you or others like you have anything to do with
it. Which only goes to further prove my point.
fred();
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234.106 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 15:55 | 8 |
|
> I have no 'cure' for the problems of rape being almost impossible
> to prosecute.
I, however, _have_ provided maybe not a cure, but there is certainly
room for improvment _without_ ignoreing the rights of the innocent.
fred():
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234.107 | | SPECXN::CONLON | | Wed Jul 24 1996 15:57 | 23 |
| RE: .102 Rocush
> Unfortunately I have no statistics readily available aon the instances
> of "date rape", but I would aimagine they are available. It is these
> cases that I tend to think fall into the lovers remorse category. It's
> a lot easier to claim rape than stupidity or second thoughts.
Think about what you're saying.
If a person 'regrets' having sex, the choices are:
a.) Forget about it (especially since no one else knows it
happened.) Go on with your life.
b.) Tell A LOT OF PEOPLE ABOUT IT by reporting it as rape.
(This includes having to be put ON TRIAL yourself
in court by the defense attorney. Every small thing
about your private life would be put IN PUBLIC RECORD.)
'Lovers remorse' is what the accused rapists claim happened. If someone
was truly remorseful for having sex, they wouldn't normally make a point
of having the police, their families (and everyone else close to the
case) find out about it.
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234.108 | | SPECXN::CONLON | | Wed Jul 24 1996 16:05 | 16 |
| The 'big problem' with rape is not false accusations. The 'big problem'
is that it's too easy to get away with it.
Our legal system isn't about to put its energy into going after those
who charge rape at a time when way, way, WAY too many rapists get away
with this crime.
We KNOW that rape is a serious crime. We KNOW that when men are locked
up together, various men rape each other quite often in prison.
We KNOW that this crime is under-reported, under-prosecuted and
under-convicted (whether men rape women or other men.)
Our legal system is not going to spend its energy threatening those
who claim to have been raped with 40 years in prison. Even the
Republicans wouldn't try something like this.
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234.109 | | CSC32::HADDOCK | Saddle Rozinante | Wed Jul 24 1996 16:10 | 18 |
|
>'Lovers remorse' is what the accused rapists claim happened. If someone
> was truly remorseful for having sex, they wouldn't normally make a point
> of having the police, their families (and everyone else close to the
> case) find out about it.
Again more of a gross exaggeration to perpetuate your victim-hood
than anything else. "Lover's remorse" often, but not always, happens
because someone else _already_ found out about it. Like his wife
or her husband. One famous case of false accusation (the one
where some TV reporter got in trouble for asking the accused (who had
spent years in jail) and the accuser to hug on TV) was caused by
her having sex with her boyfriend and her parents found out. So
she fingered the guy to protect her boyfriend.
fred();
fred();
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234.110 | Statistically insignificant. | SPECXN::CONLON | | Wed Jul 24 1996 16:13 | 3 |
| One case (out of all the rapes which have occurred in this country
in the past ten years) would show up as a 0.00 on a calculator.
|
234.111 | | QUARK::LIONEL | Free advice is worth every cent | Wed Jul 24 1996 16:16 | 5 |
| Damn - there goes another note... Fred and Suzanne, this mutual name-calling
has got to stop if you want to continue participating here. And I don't want
to hear "(s)he did it first!" I'll unlock this note in a few days.
Steve
|