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

[buck008]

And what does that have to do with misinterpretation of the Statute of Limitations and malicious persecution?

Why should vengeance take precedent over justice?

I'm curious. Let's say the statute of limitations doesn't apply. Do you think there should be a penalty for the daughter in this case? To me, this isn't about vengeance. It's about punishing someone for using the legal system to further a personal agenda. This person knowingly made a false accusation that led to another person being imprisoned unjustly for 9 years. That, to me, is deserving of consequence.

Also, let's throw out malicious prosecution. How about gross incompetence? Criminal negligence? Someone, somewhere on this case screwed up. I don't think it was malicious at all. I think everyone in the community was swept up in the fervor to put away the molester and no one looked at the facts.

This guy's life was taken from him for nine years. His name was dragged through the mud. All because no one could put the facts together and see that this kid lied. That deserves compensation. That isn't vengeance at all. Justice failed this man for nine years. justice needs to make it right. Letting him out of prison, where he was never supposed to be in the first place, with a "My bad", isn't going to cut it.

[tjanson]

then answer me 4 simple questions... What should be done to the daughter for this? What should be done to the DA for this? What kind of life do child rapists have in prison? What should be done to encourage that nothing like this happens again?

I'm asking for your stand on each of those 4 questions... and I'll use those positions instead of as you call it, 'misrepresenting you'... I'll then tell you how each of those positions you take appear, and you can challenge that.

I'll answer them for you.

1. Nothing. The statute of limitations on the actual crime she committed as a minor has long expired, and as drastic as the consequences ended up being for the father, that's more on the state than anything else. Punishing her after she voluntarily came forward and admitted that she lied, freeing her father from prison seems rather counterintuitive, considering she'll pay socially for this for the rest of her life.

2. Actually, that depends. I think there should definitely be a thorough investigation into how this was handled, and if the prosecutor or police did anything underhanded or illegal in the course of prosecuting this case, of course they should be punished. If not, then nothing. I'd be willing to bet something along those lines happened though, I can't see a conviction happening solely on the word of a lying child without someone screwing up.

3. Generally speaking, and not from personal experience but only from talking with people I know who were incarcerated, a really, really bad one. As to the life this specific individual had, I don't know and neither do you.

4. This case should serve as a warning to people investigating and prosecuting rape cases, reiterating that it's incredibly important to follow procedure and not try and bend rules to get a conviction. Again, there should be an investigation into how this happened, most definitely. Beyond that, I don't know. We already have laws against perjury, they're just not applicable here because the person in question was so young. Thus, the burden falls on the people investigating and prosecuting the crime to make sure they've got the right man.

[Mormolyce]

She sent her father to jail for 15 years claiming he raped her. People don't do something like that just for kicks. Honestly, I doubt her recant more than her original story.

In reality none of us knows the truth of this matter and we shouldn't make judgements on such a serious issue without knowing anything about it other than some crappy news story.

[Wells]

Statute of limitations has passed. Nothing should be "done to the daughter".

Nothing should happen to the DA. He did not break a law. He did his job.

Ignoring third question because its irrelevant and a pretty clear attempt at a red herring.

And laws should be adjusted to prevent convictions on so little evidence.

I eagerly await your follow up post complaining about how much I love rapists or some such bullshit.

[Laize]

Statute of limitations has passed. Nothing should be "done to the daughter".

Nothing should happen to the DA. He did not break a law. He did his job.

Ignoring third question because its irrelevant and a pretty clear attempt at a red herring.

And laws should be adjusted to prevent convictions on so little evidence.

I eagerly await your follow up post complaining about how much I love rapists or some such bullshit.

It should be pointed out that the DA's job is to see justice done. Not simply convict whatever case falls on his desk.

[tjanson]

Nothing should happen to the DA. He did not break a law. He did his job.

To be fair, do you really know that? I'd be pretty surprised if the state doesn't at least launch an investigation into the whole thing, trigger happy prosecutors and police are probably the very last thing you want out of a criminal justice system.

Mind, I'm not accusing him. I'm just saying I don't know how you could know one way or another.

[buck008]

Nothing should happen to the DA. He did not break a law. He did his job.

I don't think you know that he did his job. It's quite possible that he knew he was putting a case before the jury that hung on the word of the victim and no physical evidence whatsoever. Innocent people rarely go to jail when everyone associated with the case did their job the way they should. I'm not saying it doesn't happen, but I'm saying it's way less likely.

[Deleted]

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 agree.

In my opinion, one innocent being put in jail is much worse than 10 offenders going unpunished.
Benefit of the doubt is the utmost important principle.
Without completely crucial evidence, there should be no verdict of guilty.

[Themius]

Wait. Wait. I'm just was wondering... did they not do a rape kit on this girl???????

[Kasierith]

I'm curious. Let's say the statute of limitations doesn't apply. Do you think there should be a penalty for the daughter in this case? To me, this isn't about vengeance. It's about punishing someone for using the legal system to further a personal agenda. This person knowingly made a false accusation that led to another person being imprisoned unjustly for 9 years. That, to me, is deserving of consequence.

Ignoring the law to punish someone is vengeance, which is what he was subjectively doing (the base level for statute of limitations on perjury is 3 years). As for if it were not applied? No. She was 11, and the fact that she eventually recanted showed she made a decision based on immaturity. There is a reason why charges for minors are different from adults.

Also, let's throw out malicious prosecution. How about gross incompetence? Criminal negligence? Someone, somewhere on this case screwed up. I don't think it was malicious at all. I think everyone in the community was swept up in the fervor to put away the molester and no one looked at the facts.

Gross incompetence for.. losing a case? Or criminal negligence? That is a slippery slope, and while there are specific instances where a DA should be charged (like lets say he procrastinated until the statute of limitations came into effect), these are based on specific actions, or lack thereof, and not the results of the case. I do agree that, given a total lack of evidence, something went wrong with the court proceedings. But in that case, wouldn't that have been on the jury?

This guy's life was taken from him for nine years. His name was dragged through the mud. All because no one could put the facts together and see that this kid lied. That deserves compensation. That isn't vengeance at all. Justice failed this man for nine years. justice needs to make it right. Letting him out of prison, where he was never supposed to be in the first place, with a "My bad", isn't going to cut it.

Sometimes stories don't have a happy ending. I wish it wasn't this way, but it is, unfortunately. Apparently the legal system agreed with me on this point.

[Grimfrost]

How can she not be punished? She stole 9 years of someone's life.

[Haarvald]

To the daughter: nothing. For a number of reasons; from her age, to the statute of limitations, to the impact it could have on other women coming forward with the truth.
To the DA: absolutely nothing. For obvious reasons.
Child rapists in prison: grossly exaggerated overall as a mechanism to attempt to prevent the crime. US prisons aren't animal houses like you think.
How to prevent it: catch it when it happens. Not 9 years later when she recants.

Now, what is more important? Vengeance or justice?

Thank you for your answers, and to answer your question, Justice, which was not served, and which this man got none of.

[Grizzly Willy]

Is there any word on whether or not the guy will be compensated for his time?

Going to guess the answer is "no" then?

[Haarvald]

Statute of limitations has passed. Nothing should be "done to the daughter".

Nothing should happen to the DA. He did not break a law. He did his job.

Ignoring third question because its irrelevant and a pretty clear attempt at a red herring.

And laws should be adjusted to prevent convictions on so little evidence.

I eagerly await your follow up post complaining about how much I love rapists or some such bullshit.

No no, I'll keep to my word, I'll thank you for your answers. You dont need more laws, or 'adjustments'; you need to enforce them instead of ignoring them.

[Wells]

Going to guess the answer is "no" then?

Probably too soon to tell what's going on. He has a strong case though and there's no reason to suspect he won't be successful

[tjanson]

No no, I'll keep to my word, I'll thank you for your answers. You dont need more laws, or 'adjustments'; you need to enforce them instead of ignoring them.

It's not ignoring laws to not prosecute a minor for a crime she committed when the statute of limitations has expired. In fact, it's exactly the opposite.

[Floorman]

Statute of limitations has passed. Nothing should be "done to the daughter".

This hurts the validity of rape victims however you look at it. If women don't come forward and speak up fearing the accused is found not guilty even though he is, the system breaks down. If women can lie about it and not be held accountable the system breaks down. The statute of limitations has nothing to do with the moral issue, which is the real dilemma. The man should be compensated to the tune of 9+ million. His record should be cleared completely and the judicial system that allowed this should be reviewed. I'd like to see the girl punished but nothing 'fair' IMO can be done. Knowing the girl lied, allowed someone to be imprisoned for said lie and waited 9 years to do the right thing i can't see how you are defending the girl and seemingly not the father. The father is the innocent one in this from what we know. You may not see a way to properly punish her and in that case i agree. But how you can see her as innocent is baffling. Whether she knew it at the time or not she has done a disservice to all women.

[anveena]

Going to guess the answer is "no" then?

It's looking like he's going to have to sue the state for compensation.

Not only will he likely not receive a huge restitution, but he will almost definitely receive no restitution or state assistance whatsoever, as Washington is one of 23 states that do not provide financial assistance or other help for the wrongly accused. Meanwhile, the federal government awards $50,000 per year in prison to people who are exonerated after wrongly serving time in federal penitentiaries, according to ABC News.

[Kesolovac]

Someone said it on the first page...lying about being raped, should be punished exactly same as raping...imho

[Coombs]

If I had $5 for every chick I knew that had a fake rape story I'd have a brand new computer right now. They need to do thorough examinations and an actual investigation, not just listen to some woman's tearful story.

---------- Post added 2012-11-24 at 02:00 AM ----------

Someone said it on the first page...lying about being raped, should be punished exactly same as raping...imho

Pretty much.