Question the person to see how often their story changes. Do a thorough investigation. A quick check of her genitalia would have solved this entire thing. Maybe it's harsh to do such an invasive inspection, but when something is as serious as this then it should be done despite the supposed fragility of one's current state.
Last edited by Coombs; 2012-11-24 at 02:24 AM.
county jails tend to have 1-2 people to a cell with very limited interaction between inmates, where as general population in a state prison means he is easier accessable. Also, even in prison folks detest rapists and child molesters/rapists and they are often raped or beaten on a regular basis, unless of course they are in protective custody, which all by itself raises questions about 'why is so and so in protective custody, what did they do' And guards aren't always the most closed lipped about the offenses of inmates, so it doesn't take long for someone to find out what someone else is in for.
Jail is more short term, usually for people who haven't been convicted yet or for people serving out a small bid, like less then a year. Prison is primarily for people convicted of more serious crimes. People who will serve a longer sentence. Some people who won't get out in a long time, some with no possibility for parole.
If she testified, then at least perjury.
And if someone actually had been raped, and your actions do nothing but further damage the victim, what then? Its one of the reasons why rape cases are so tricky from a legal standpoint. And even going beyond that, what if her emotional state was such that she misses minor details due to the traumatic nature of the event? A skilled and aggressive lawyer can easily trip up the story of an emotionally compromised individual, even if the story is true, by hitting the trivialities.
Also, while I don't exactly like discussing the matter, its possible to rape someone without damaging her genitalia.
Im not sure how the US system works, but isnt there a statue of limitations?
Eitherway, She was a child when she made that terrible accusation. Im not absolving her of blame, nor am i saying she shouldnt be punished. I believe the people who gave the go ahead of this case should be fired, sue'd and then for the daughter.
I think she should be ordered to carry out 9 years of restorative work, assisting falsely accused rape victims and male victims of domestic abuse. And also recieve counselling as to why she ruined a her fathers life, THEN she can see if they want to salvage anything of the tatters thats left of there relationship.
If she is charged for harming her father, it is vengeance. If she is charged for breaking the law, it is justice. While this statement could not hold up against strict critical scrutiny as justice vs vengeance and oversimplifies the matter, in this specific incident it rings true.
A grown man cannot rape an underdeveloped child without damaging the hymen, unless it was a form of molestation not involving sex. A serious matter shouldn't be approached gently on one side and not the other. If they won't prosecutable evidence then such examination should be done. They don't need to be cruel when doing so, but they should be thorough. If the police did thorough questioning on more than one occasion it wouldn't make it to court for the lawyer to trip people up. If the evidence is sufficient, then it shouldn't matter what the lawyer does, even despite their career based on spinning bullshit.
Anyone involved in the prosecution of this case should be investigated. It was they who dropped the ball and they are the ones who owe this man restitution for losing 9 years of his life.
A question to the "crucify her" crowd: What is an appropriate punishment for an 11 year old little girl who lies about being raped?