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  1. #561
    Quote Originally Posted by Rukentuts View Post
    Which I already addressed.
    Except you haven't. Records go missing. memories fade. Not to mention we have a right to have legal disputes against us resolved in a timely manner.
    Quote Originally Posted by Nixx View Post
    Everyone is pro-US. They just don't know it yet.
    Quote Originally Posted by Fyre View Post
    Internet lives in the sky, don't need no cables for that.
    A nice list of logical fallacies. In picture form!

  2. #562
    Fluffy Kitten Kasierith's Avatar
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    Quote Originally Posted by Laize View Post
    So a false accusation that puts a guy away for rape means all the accuser has to do is wait 3 years (statute of limitations for perjury) and then come forward to have no negative repercussions?

    That says 2 things to me.

    1) When all a case amounts to is he said, she said it should simply be thrown out.

    2) The statute of limitations on perjury should be either extended or changed to account for wrongful imprisonment.
    I'd prefer this 100 times to innocent people remaining in jail because their accusers are too scared to come forward with the truth.

    And again. You are expressing the law as you want it to be, and how there is reason to assert that it should be. But not the law as it is, in its current state.

  3. #563
    The Unstoppable Force Aeluron Lightsong's Avatar
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    How old is the girl now anyways?
    Blizzard do not destroy Jaina Proudmoore's character. Make her who she once was, not full of rage and vengeance.,If you are curious about me or about my writing aspirations, feel free to pst me. Paladin-Sorcerer at your service! http://us.battle.net/wow/en/characte...htsongg/simple

  4. #564
    Quote Originally Posted by Grokan View Post
    I don't think that girl deserves the title of daughter, to be honest, and that's the only real punishment necessary.

    I would, however, prefer that the wrongly accused was given the means to rebuild their life.
    I think its safe to assume that this will effect her inheritance....

  5. #565
    Fluffy Kitten Kasierith's Avatar
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    Quote Originally Posted by overclockedamd View Post
    Where did you ever read that. That would mean a minor couldnt say they were raped w/o a parents input.
    I was mistaken in that aspect of it, and retract that part of my statement. My apologies.

  6. #566
    Quote Originally Posted by undercovergnome View Post
    I think its safe to assume that this will effect her inheritance....
    I know this was kind of a joke....but what inheritance at that point? 9 years in prison, everything you owned is gone. You have no home, no car, no bank account, no money to your name. That shit is all gone.

  7. #567
    Quote Originally Posted by Aeluron View Post
    How old is the girl now anyways?
    from huffingtonpost.com

    In 2001, an 11-year-old girl told a judge that her father raped her, sending the man to prison for nine years. Today, she admits that she lied.

    Now 23-years-old, Cassandra Ann Kennedy says she made up the story because she was upset with her father following her parents' divorce

  8. #568
    The Unstoppable Force Rukentuts's Avatar
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    Quote Originally Posted by Wells View Post
    Except you haven't. Records go missing. memories fade. Not to mention we have a right to have legal disputes against us resolved in a timely manner.
    Yeah, and when court records go missing, then the charges wouldn't be brought for lack of evidence.
    Quote Originally Posted by GreatOak View Post
    Hey, as a transabled, transethnic, non-binary, genderqueer, neo-communist, indoor-capable republican otherkin I am offended by your callous display of ignorance.
    Quote Originally Posted by Eroginous View Post
    I wouldn't expect someone who thinks science provides proof to know that.

  9. #569
    Epic! Blockygame's Avatar
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    They should make an example out of her, rape is a serious accusation to put across and it can and does send innocent people to jail. It wouldn't discourage people from coming forward at all, what a weak fucking excuse, the tosser that said that should be fucking ashamed. All this does is say it's OK for people to be sent prison on the word of a lie, she pretty much ruined a mans reputation and let him stay locked up for 9 years.

    It's OK girls, it's OK to lie about being raped because guess what, even if the person goes to jail for the rest of his life, nothing will happen to you and you won't be held accountable if you're found to have lied. Legitimate fear of a person, or the prospect of thinking people would look down on them or feeling ashamed I guess would be the main reasons for not reporting rape, how would holding someone accountable for basically ruining someone life stop anyone from coming forward?

    Who cares how old the person was that reported it, in fact, the age of the person would have most surely helped in the lie, all because her parents marriage fell apart and don't even begin to try to tell me that "she was only 11 years old, she didn't know any better", she knew very well what she was doing and knew that nobody would ever think that a child could lie like that, convincing too.
    HOOKED ON DIABLOL, GOOD TIMES ARE BEING HAD

  10. #570
    i have to wonder what the last nine years have been like for the father after being convicted of raping his own daughter. I mean pedos get eaten alive in prison but his own daughter? is there any senario where he wasnt beaten/raped repeatedly for the last 9 years?
    Have you ever stepped on a lego piece while barefoot?

    Can you recall that exquisitely piercing and utterly unforgettable pedal agony? Now imagine what would happen if you were to step on between 10 and 25 angry, well armed lego pieces which are all acting in brutal concert, and tell me how that would go for you.

    Plus they have magic and sharp objects.

  11. #571
    Pandaren Monk Auloria's Avatar
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    Since apparently no one has access to google, here is an article with more detailed information on how this story went down.

    http://tdn.com/news/local/local-girl...a4bcf887a.html

    ---------- Post added 2012-11-24 at 06:23 AM ----------

    Also, this is from the prosecutor's own mouth:

    "In an interview, Baur said her office declined to file charges against Cassandra Kennedy because she wants to encourage other victims and witnesses who may have lied to come forward and tell the truth."

    The reason had nothing to do with how real rape victims might react.

    I have to say, I like this reasoning. If you are found by the police to have committed perjury which caused grievous harm to another, than you should be punished to the fullest extent of the law. But if you come forward on your own and confess your crimes, your punishment should be lighter.

    I think instead of letting her off, her punishment could have been community service in a crisis center.

  12. #572
    Quote Originally Posted by Auloria View Post
    .
    Actually, how about we let them read the entire story.

    In early 2001, an 11-year-old Kalama girl named Cassandra Ann Kennedy told police her dad raped her on at least three occasions. Her father, Thomas Edward Kennedy, denied the allegation, but he was convicted by a jury and sentenced to more than 15 years in prison.

    In January, Cassandra Kennedy, now 23, told Longview police she made it all up. So after serving more than nine years in prison, her father was released last week and the charges against him were dismissed.

    "I did a horrible thing," Cassandra told detectives in January, according to a police report. "It's not OK to sit and be locked in this horrible place for something you didn't do. It's just not right."

    Cowlitz County Prosecutor Sue Baur said Friday she's never seen a case quite like it. The innocent are sometimes freed after years in prison by the work of pro-bono legal teams and new DNA evidence. But Baur said she's never known a child to return to authorities a decade later and recant, certainly not with enough credibility to scuttle a case.

    "This is something my whole office is talking about," she said. "This is the kind of thing that shouldn't happen."

    Reached Friday, Thomas Kennedy, now 43, declined to comment, saying he's simply trying to get on with his life. Longview police, who investigated both the initial allegations in 2001 and the details that later exonerated Kennedy, also declined to comment and referred questions to Baur.

    In recent months, Cassandra Kennedy has been staying at Mountain Ministries, a Christian addiction treatment center near Kelso, according to police reports. Gary Miller, the organization's director, said Thursday evening that she is in Mexico doing missionary work and can't be reached.

    Baur said Cassandra Kennedy will not be prosecuted for her apparent lies about her father, partly because prosecutors do not want to discourage people in similar circumstances from coming forward.

    'I needed to do what was right'

    Cassandra Kennedy called Longview police on Jan. 23, saying she wanted to talk about her father's 2002 conviction, according to investigative reports. She sat down with a pair of detectives at the department three days later.

    "I need to do what is right," she told them, according to a report.

    No, Cassandra told police, her father never touched her. For nearly a decade, she said, her father had been sitting in prison based on her lies.

    "I just want him to be out and freed," Cassandra said in her interview with the police. Then, she said, "I will be free on the inside."

    Cassandra said she got the idea of setting up her father from a friend whose stepfather was sent to prison for a child sex crime. "I thought that is what I would do to make my dad go away," she told police in January.

    In her recent interviews with police, Cassandra recalled testifying against her father during his trial and "having to point at him and look at him and say who he was — and how bad I felt, all the guilt, thinking, 'Can I take it all back?' "

    "I remember being so unhappy and scared that they were going to convict him," Cassandra told the detectives in January.

    Police reports tell the story of an angry little girl who felt neglected by her father and, by her own admission, took "vengeance" on him.

    Thomas Kennedy and his wife divorced around 1991, and their daughters, Cassandra and her older sister, began spending one weekend a month with their father, according to court documents. The girls slept on foam mattresses in the living room of Kennedy's Longview home.

    'I took vengeance'

    As a child, Cassandra Kennedy liked Rollerblades, camping and swimming — typical kid stuff. But she told police her fellow Kalama Elementary students made fun of her clothes and her "buck teeth." She began experimenting with alcohol, she said.

    The girl wrote in her journal, a copy of which is part of the court record, that her teacher "isn't nice and she never calls on me and she gives me mean looks." In 2000, a few months before she accused her father of incest, Cassandra was expelled from school for saying in a letter to her teacher that she was thinking about bringing a gun to school and shooting "everyone," according to a medical report. Cassandra had a couple of sessions with a counselor following the incident.

    She attended Kalama High School until her junior year, when she dropped out, according to investigative reports. Cassandra said she became addicted to pills in her late teens and worked a few odd jobs, for just a month or two, at McDonald's and PetCo. By 2010, she was using meth and had felony convictions for burglary and theft, the reports said.

    In January, Cassandra told police she still has fond childhood memories of sitting on her father's lap as he drove his pickup to collect wood pallets and wire to scrap.

    "I was daddy's girl," she said. "I was with my dad!" But, she said, her father wasn't around much when she was little and that he drank heavily, smoked pot and partied.

    "I wanted him to love me, and I didn't think he did at that time," she told the detectives.

    So, Cassandra said, she made up the rape story, largely because her father disappointed her. "He wasn't showing up. I wanted him away so he would stop hurting me," she said this year. "I took my own vengeance."

    In a 2001 interview with police, Cassandra said she wanted her father to take a lie detector test. When an investigator asked her what questions her dad should be asked, none of her suggested queries involved sexual abuse. Instead she wanted police to ask Kennedy: "Do you still smoke pot? Do you like to your kids? Do you still drink?"

    Kennedy never took a lie detector test on the advice of his attorney, according to investigative documents.

    Cassandra said this year that, as a child, she didn't understand the consequences of her lies. She told police she hadn't thought Kennedy would go to prison if he was convicted. "I just thought he would go away, you know, go to jail for a little bit, be out of my life," she said.

    Baur, who was the prosecutor during the case, recalled Friday that all of the pieces in the investigation seemed to fall into place.

    "It just totally made sense," she said.

    Most startling, Baur said, was that Cassandra told the story of the abuse again and again with amazing consistency. Yet, Baur said, "she did not appear to me to be the most precocious 11-year-old."

    'Peace' a code word for abuse

    Cassandra first told her teacher about the alleged incest in early 2001, according to reports. Teacher and student worked out a code word to signal that the abuse was continuing — "peace." Cassandra told police it wasn't long before she called the teacher: "It happened again," she said. "Peace."

    Cassandra also wrote about the alleged abuse in a journal that included among its pink and purple pages other mundane entries about boys, Cassandra's slipping grades and her older sister's annoying behavior. On the cover, written in a little girl's haphazard letters, were the words "Confidential. No taking peeks."

    Later in 2001, in an interview with Longview police investigators, Cassandra used stuffed animals to illustrate what her father had allegedly done to her, reports said. She also drew a picture of a bathroom where she said one of the rapes happened. Police later measured and photographed the room.

    Cassandra's account included frightening detail, according to police reports. But if it wasn't true, police wanted to know this year, how could an 11-year-old know so much about sex? Cassandra told police in January that she began engaging in sexual activity as a second-grader. She also said she may have known what to tell police from watching a movie or from walking in on adults having sex.

    In March of 2001, Cassandra was examined at a Vancouver clinic where she told a doctor about the alleged abuse. "She looked at me and said, 'Are you telling the truth?" Cassandra said this year of her appointment with the doctor. "I lied to her and said, 'Yes.' "

    The doctor found trauma in Cassandra's groin area, according to a report.

    Police described Cassandra's allegations during an interview with Kennedy in March of 2001. Kennedy, who was at the time a laborer and equipment operator at Metro Metals Northwest in Kelso, "denied doing anything," a Longview investigator wrote in a report. "He was very upset. He told me he would do anything to prove he didn't do anything."

    A jury convicted Kennedy of three counts of first-degree rape of a child in 2002, and now-retired Cowlitz Superior Court Judge Jim Warme sentenced him to more than 15 years in prison.

    Until then, Kennedy's criminal record had included convictions in the 1990s for fourth-degree assault, reckless driving and driving with a suspended license.

    Cassandra's family members recalled to police this year that, during a 2002 trip to the beach, Cassandra told her mother she'd lied about the rape allegations, according to reports. However, Cassandra took back the statement a day later and insisted she'd been telling the truth all along, family members told police.

    Kennedy, who was serving his sentence at the Stafford Creek Corrections Center in Aberdeen, appealed his conviction, alleging his defense attorney had been incompetent, but the appeals failed. Kennedy wasn't scheduled to be released until 2016.

    On Feb. 15, after Longview police told prosecutors that Cassandra Kennedy was recanting, Baur wrote an urgent letter to Superior Court Judge Stephen Warning. "I need to inform you that I have been made aware of new, credible material evidence that potentially creates a reasonable likelihood that Mr. Kennedy is innocent of those crimes," Baur wrote, adding that her staff was "continuing to work with investigators to uncover the truth."

    Kennedy was brought from Stafford Creek to the Cowlitz County Jail in late February, Baur said. During a hearing last Monday, Judge Warning ruled that Cassandra's statements to police this year are credible. He also found that the physical trauma reported by a doctor in 2001 may have been caused by a sexual experience that took place before the dates of the alleged abuse, Baur said.

    Asked if there had been missteps in the initial investigation, Baur said she has recently reviewed a recording of the little girl's testimony and has been rethinking every detail of the case. She noted that 12 jurors found enough evidence at the time to convict Kennedy and that the conduct of prosecutors, defense attorneys and Judge Warme was upheld by the appeals court.

    "There should be no indictment of the system," she said.

    Instead, Baur said, it's simply a case of a victim withdrawing her story.

    "Unfortunately, a man spent 10 years in prison before that happened," she said.

  13. #573
    Pandaren Monk Auloria's Avatar
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    Here's an interview with the father by a local reporter.

    http://tdn.com/news/local/rape-convi...a4bcf887a.html

    He is definitely traumatized by prison, is so afraid of being accused again that he doesn't want to be around his family or anyone, and is having trouble adjusting to real life. But he's forgiven his daughter.

    This is a real tragedy.

  14. #574
    Quote Originally Posted by Auloria View Post
    Here's an interview with the father by a local reporter.

    http://tdn.com/news/local/rape-convi...a4bcf887a.html

    He is definitely traumatized by prison, is so afraid of being accused again that he doesn't want to be around his family or anyone, and is having trouble adjusting to real life. But he's forgiven his daughter.

    This is a real tragedy.
    And the saddest part, he's just starting the nightmare, his life is permanently fucked by what his offspring and the DA did.

  15. #575
    Bloodsail Admiral sscavenger's Avatar
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    Quote Originally Posted by Haarvald View Post
    And the saddest part, he's just starting the nightmare, his life is permanently fucked by what his offspring and the DA did.
    Even though he has been cleared people will still say he did it, the court of public opinion doesn't change it's mind often when it is set. Does anybody know if he will be getting any kind of compensation for the time he served? Or will he be like many others that have been wrongly convicted and not given anything due to red tape?

  16. #576
    Pandaren Monk Auloria's Avatar
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    Quote Originally Posted by Haarvald View Post
    And the saddest part, he's just starting the nightmare, his life is permanently fucked by what his offspring and the DA did.
    It's hard for me to blame the DA. There was evidence of intercourse, her accounts were very detailed and very consistent, and that's very hard for a child to fake. My feeling is that she either (1) had been abused by someone and subbed in her dad's name or (2) another child who had been abused was teaching her. Second graders who grow up in healthy environments aren't having sex, that is quite alarming and a red flag of abuse somewhere.

    I was glad for the interview with the father. You never hear about what the accused have to suffer. I think it's important for people to hear their side of the story, and maybe some future angry person will have to pause and decide that whatever injustice they might have suffered, this is the wrong path for retribution.

  17. #577
    Old God Grizzly Willy's Avatar
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    Quote Originally Posted by Auloria View Post
    Here's an interview with the father by a local reporter.

    http://tdn.com/news/local/rape-convi...a4bcf887a.html

    He is definitely traumatized by prison, is so afraid of being accused again that he doesn't want to be around his family or anyone, and is having trouble adjusting to real life. But he's forgiven his daughter.

    This is a real tragedy.
    Well, he is a better man than I am. I don't think I would ever be able to forgive her.
    Is it a rule that you have to be rude and sarcastic in every conversation here?

  18. #578
    Mechagnome Kyocere's Avatar
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    Quote Originally Posted by Vinho View Post
    I agree 100%, however, she was an 11 year old girl at the time being upset from her parents divorcing, can't really slam the ban hammer on her now for being emotionally scarred from when she was little. Parents divorcing can be fairly traumatic for a child. Not to say what she did was right by any means though...
    My parents divorced when I was about 13. I never claimed to be raped by either parent. At age 11 she is old enough to understand the consequences of her actions and should be punished accordingly. She took a decade of freedom from her father, he can never get those years back and to not punish her is saying that it didn't matter and who cares if someone is locked up for a decade for doing nothing.

    It also amazes me how a man can get convicted of a crime he did not commit. There was obviously no physical evidence since it never happened and yet a bunch of people decided beyond a reasonable doubt that an 11 year olds word was the truth and that he should spend 15 years in prison. The justice system in the USA is horrible.
    Last edited by Kyocere; 2012-11-24 at 07:26 AM.

  19. #579
    Scarab Lord Nivis's Avatar
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    Quote Originally Posted by Auloria View Post
    "In an interview, Baur said her office declined to file charges against Cassandra Kennedy because she wants to encourage other victims and witnesses who may have lied to come forward and tell the truth."
    Oh wow, this is so unjust.
    It's a very bad idea to signalize others that they can do such things and get away with it...
    Also, this case shows exactly why there should never ever be a verdict of guilty as long as ones guilt isn't 100% proven, without any doubt.

    At the very least she should be sentenced to pay him a shitload of money for the rest of his life.
    Last edited by Nivis; 2012-11-24 at 08:29 AM.

  20. #580
    I am sure it has been brought up in the 29 pages but she was 11 when the accusations were made, it's pretty serious but I don't think I could agree with her being charged over that today, even in spite of her basically ruining someones life. What would be the solution? Charge her and make an example to all other potential 11 y/o rape victim fakers? I seriously doubt that would be effective at all, that is assuming she even could be charged.

    I do find it a bit alarming they managed to convict this guy without and actual proof beyond her word against his. Would they not have to put the kid through psychological tests and whatnot? Well no system is perfect and at the end of the day she did come forward, should have done it sooner but that is a hell of a thing to own up to.

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