"Rape victim" recants testimony that sent man to jail for 9 years. No punishment.

[Kasierith]

SO you just pop in, flame bait, and carry on? That's a pretty lame move. Ah well, just report for flame baiting I guess and move on.

OT: this right here, this is what's fucking wrong with the world. But no, it doesn't stop there. Not if it was me. If it was me, I'd go after the government, we're talking at least 30 million AT LEAST, and there had better be some cops, court employees, a judge, and a few lawyers all losing their jobs, their pensions, and their licence to do the job.

And what exactly is your basis for the prosecution of the legal system?

[Nathiest]

There's still a slight chance that she is only lying now.

[Haarvald]

Why the hell would you charge the DA?

Malicious prosecution comes to mind.

---------- Post added 2012-11-23 at 06:42 PM ----------

See, I support the rule of law. You apparently don't.

Actually, you dont support the rule of law... the rule of law says that the offenders get prosecuted, the innocent dont... you on the other hand gave the daughter a free pass and basically said 'fuck you' to the innocent father that sat rotting in a prison with a false conviction of child rapist hanging on him.

The daughter and the DA put him there... you have no desire or intent to punish either of the offenders. Meaning, you do NOT support the rule of law.

And here is another reason to charge her... criminals shouldn't profit from their crimes, thus, if the father writes a book, gets a movie deal, or wins a lawsuit against the state then none of that money should trickle down to the daughter, since it was her action that put him in jail.

[Laize]

There's still a slight chance that she is only lying now.

Yeah... okay. And what would the logic be behind lying to get her attacker out of jail?

[Kasierith]

Malicious prosecution comes to mind.

No.

"Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process, have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of process. The mere filing or maintenance of a lawsuit, even for an improper purpose, is not a proper basis for an abuse of process action."

Not to mention that saying this case is one of malicious prosecution is pretty facetious.

Yeah... okay. And what would the logic be behind lying to get her attacker out of jail?

So she could accuse him again and get him thrown back in! Trolling the legal system is definitely in.

[Laize]

No.

"Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process, have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of process. The mere filing or maintenance of a lawsuit, even for an improper purpose, is not a proper basis for an abuse of process action."

Not to mention that saying this case is one of malicious prosecution is pretty facetious.

So you don't think anyone should be held accountable for this extreme miscarriage of justice? You think it's simply alright that the guy is out now?

[Wells]

Actually, you dont support the rule of law... the rule of law says that the offenders get prosecuted, the innocent dont... you on the other hand gave the daughter a free pass and basically said 'fuck you' to the innocent father that sat rotting in a prison with a false conviction of child rapist hanging on him.

The daughter and the DA put him there... you have no desire or intent to punish either of the offenders. Meaning, you do NOT support the rule of law.

The statute of limitations is part of the law. Cut the warblegarhble.

[Kasierith]

So you don't think anyone should be held accountable for this extreme miscarriage of justice? You think it's simply alright that the guy is out now?

If you want to rewrite the legal definition of malicious prosecution, than by all means, be my guest. Although I think that taking a hack at organizing the tax code would be a far more beneficial service.

[Themius]

This isn't the first time something like this has happened and it won't be the last because the legal system in the USA that regard is terrible.

http://www.bbc.co.uk/news/world-us-canada-18266118

Some people will no doubt recognise this case as already come around on this very forum, but I'm reposting this again as it's pertinent to this topic. I would say the chances of the father getting any kind of justice is low, considering what happened in the above case I linked.

What in the fuck?! Let bygones be bygones because she didn't want to lose 1.5m the school gave her, so instead she ruins the life of a man. What a terrible bitch. On top of that she gets to keep the money and is she even facing charges?!

[Bigbamboozal]

Yes it is. Her father was an adult. She was not. We don't treat minors who commit crimes the same as adults and nor should we.

Wells, don't be twitificent, the fault really...it sits squarely on the shoulders of the people who convicted him wrongly, if they were doing their goddamn job with any scrap of professionalisim and collected, and provided this little thing called EVIDENCE?!?!?! but they didn't. They were wrong. And nine years of this human being's life are gone. How would YOU compensate him for that?

Seriously, this child did wrong, and I can agree we don;t and should not treat minors the same, however, for minors, we generally use community hours, so nine years of community service tyvm, and if the mother is found to be coaching the child, off to jail for her, the judge, and legal types should be fired, fined, possibly jailed.

The child....well, she's fucked for life anyhow. She falsely accused her dad of RAPE. AIN'T NOBODY ON THE FACE OF EARTH, gonna hang their ass out on the line and date her later in life, never mind marry. You can't trust a girl who falsely accused her Dad of rape can you? You know what? She's young, but she EARNED this. Some creatures are too stupid to procreate and pollute the gene pool. This is one of them.
Life punishes in it's own way.

---------- Post added 2012-11-23 at 04:51 PM ----------

And what exactly is your basis for the prosecution of the legal system?

Precedent.
/10char

[Wells]

That post was 20 pages ago. I'm really not going to re-argue 20 pages.

[Deleted]

It's ok to go after the male but not the female.

I see where you're coming from but his life is completely ruined, some could probably argue well beyond the trauma that a rape victim goes through.

It depends entirely on the person affected and the circumstances. Try and prosecute the woman though and you'll be labelled a misogynist by some deluded person.

[Kasierith]

Precedent.
/10char

What an incredibly elucidative post. Not going to delve into what precedents exactly, or is this a one size fits all thing we're playing at here?

[Deleted]

we get the same sorta crap in the UK. When i was in school a girl was 'raped' by a teacher who had put her in detention for swearing during class (at said teacher) There were 4 other students there who swore she left with them and nothing happened so they couldnt prove anything but he was put through hell, lost his job, his family all on the word of one vindictive 13 year old. 4 years later in college same girl hooks up with a lad at a house party but when his girlfriend found out and kicked off she cried rape and suddenly hes demonised and everyone rallys round poor miss victem. This lad nearly went down till she got cold feet and refused to stand up in court. He got let go but will forever be seen as a rapist by all involved (and she made sure tonnes of people where involved). Couple of years after that shes working in our local macdonalds and low and behold her manager gets accused of raping her one night after theyve closed. This time she had the decency to admit shed lied but only after he provided security camera footage of her leaving early and him finishing the closedown on his own.

Despite her history everytime she makes an alegation people beleived her. She ruined 2 lives and could have ruined a third if not for the wonders of CCTV. Has she faced ANY legal blowback for the hundreds of wasted police hours? nope. Has she shown remorse to any of her victems? nope.

Only bright side to the whole situation is no man round here will go near her. And we all do our best to warn any man seen with her who doesnt know who she is.

[Aeluron Lightsong]

Punish the girl for perjury. Get the guy off sex offender list, let him go and rebuild his life. Done and done.

[Haarvald]

No.

"Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process, have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of process. The mere filing or maintenance of a lawsuit, even for an improper purpose, is not a proper basis for an abuse of process action."

Not to mention that saying this case is one of malicious prosecution is pretty facetious.



So she could accuse him again and get him thrown back in! Trolling the legal system is definitely in.

So let me get this right, your saying 'Its okay that your daughter and I fucked you for 9 years of your life, endangered your life by charging you with child rape and dumping you in a prison with other rapists and who knows what' Is that what you are saying?

[Wells]

So let me get this right, your saying 'Its okay that your daughter and I fucked you for 9 years of your life, endangered your life by charging you with child rape and dumping you in a prison with other rapists and who knows what' Is that what you are saying?

If you're not going to rationally discuss this why are you in here?

He said no such thing.

[Simulacrum]

This is why you don't put people in prison without physical evidence, not just somebody's say-so. People lie about everything, for all sorts of reasons, nevermind the misremembering and mistakes and all that other crap. I don't understand how people are still being found guilty of crimes that there is no evidence they've ever commited.

[Haarvald]

The statute of limitations is part of the law. Cut the warblegarhble.

Love the word, but I dont love your 'fuck you mister, you should take one in the ass for the good of all the prosecutors that want to pad their conviction records and for all the malicous wives and daughters out there' attitude.

[lockedout]

No 11 year old makes up a rape. Mom coached her so they could take all the guys money and assets.