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

[Wells]

And yet a perjury charge in this case would have been really fucking easy to prove, due to the court transcripts. Statute of limitations is meant to protect the rights of the defendant from degraded evidence. Kinda hard to be degraded when it's certified transcripts kept by the state.

Doesn't matter. Its a statute of limitations.

[Kasierith]

And yet a perjury charge in this case would have been far easier to prove, due to the court transcripts. Statute of limitations is meant to protect the rights of the defendant from degraded evidence. Kinda hard to be degraded when it's certified transcripts kept by the state.

But that is for "this case." That is subjective application of the law, implementing it on a case by case basis as opposed to every situation within the country.

[overclockedamd]

There is no statute of limitation for murder in the United States.



I thought it was only murder.... at least in the US. But I could very well be wrong there

Who ever said there was a statute of of limitations? I dont believe i did.

[Rukentuts]

But that is for "this case." That is subjective application of the law, implementing it on a case by case basis as opposed to every situation within the country.

Pretty much any case for perjury would rely on court transcripts. If they aren't there, kinda hard to prosecute.

---------- Post added 2012-11-23 at 09:15 PM ----------

Doesn't matter. Its a statute of limitations.

Which should not be in place for perjury, like I said earlier.

[Kasierith]

Who ever said there was a statute of of limitations? I dont believe i did.

Alright. I'll raise to you the question I gave the other gentlemen in this thread. What specific law did she break in this incident? "She made him go to jail" is not a specific law.

[Wells]

Which should not be in place for perjury, like I said earlier.

The reasons we have these laws apply to perjury the same as any other.

[Kasierith]

Pretty much any case for perjury would rely on court transcripts. If they aren't there, kinda hard to prosecute.

Not really... what if someone said X, and 10 years later he said something similar to X but not the same while not in a court setting, and the other party wanted to bring him back and say it was perjury?

[overclockedamd]

Alright. I'll raise to you the question I gave the other gentlemen in this thread. What specific law did she break in this incident? "She made him go to jail" is not a specific law.

falsifying a police report at the least. and if that was found true obstruction of justice could also be applied.

[Rukentuts]

The reasons we have these laws apply to perjury the same as any other.

Which I already addressed.

[Kasierith]

falsifying a police report at the least.

Last I checked, a minor cannot deliver an official police report without a parent or guardian, and the statute for limitations on police report falsification is 1 year.

[Laize]

Justice dictates that she be subject to the laws of the land, the same law that everyone else in the US is subject to. The law does not support her imprisonment over this offense.

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.

[overclockedamd]

Last I checked, a minor cannot deliver an official police report without a parent or guardian, and the statute for limitations on police report falsification is 1 year.

Where did you ever read that. That would mean a minor couldnt say they were raped w/o a parents input.

[Wells]

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.

[Kasierith]

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.

[Aeluron Lightsong]

How old is the girl now anyways?

[Deleted]

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....

[Kasierith]

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.

[cherb]

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.

[Haarvald]

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

[Rukentuts]

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.