Post by sandipluschris on May 26, 2012 8:20:40 GMT -5
This poor guy. This conviction will follow him for the rest of his life. He will always have to answer questions and try to convince some people of his innocence. There will be some people who, despite this girl saying it didn't happen, will believe there must be "some truth" to it all.
People still believe the Duke Lacrosse team was guilty of raping that stripper even after it came out that she lied about all of that.
How can she not be forced to pay that money back, whether it's to him or the school district?
No rape happened, there should have been no conviction, the schools have no liability.
What a bunch of horseshit.
Because a jury had a chance to decide whether they felt her story was credible and the decided it was. So legally, she doesn't have to return the money. She should be prosecuted for perjury and then he should sue her for malicious prosecution and defamation, but those are other actions. "Give the money back" is not a good solution to this problem. New causes of action are, though.
Was the case tried though? Or was it an insurance settlement based on her lies? If the latter, they sure can come after her for the money. If the former, the insurance company can still come after her for fraud. But they'd have to decide whether it is worth it or she is judgment-proof.
He said in a video they made out (heavily) in a stairwell but did not have intercourse. I don't know what physical evidence they would have had to convict him in that instance.
I don't think the conviction will follow him in the manner the Duke case has followed some of those young men. He was exonerated which means the conviction will be expunged and he does not have to report it. And there's enough positive media coverage about him (and how well he's handling this) that his story has clarity. His only explanation, if any is ever needed, is "she lied."
I'm furious on his behalf that he lost his chance at college (wouldn't it be great if USC still took him on scholarship and he could get his education like he would have if this hadn't happened?) and even worse that he had to report as a sex offender. That would stay on his record forever and would trail him everywhere. He'd be on websites, have to report to police/sheriff departments for the rest of his life.
How horrible. That woman needs to be thrown in jail and pay HIM the money. And I can't believe they could find him guilty with no real evidence.
Well since he pleaded no contest and the had a witness against him, not a whole lot for the jury to argue with. What was his lawyer thinking? If you're innocent, you plead innocent.
For the record, she sucks too.
He had already served a year and was apparently told he would be found guilty because he was a large, young black man and it was his word against hers. And his attorney told him he would prob "only" get another 18 mos, but the judge decided to go harsher.
The money came from a civil suit against the school, not him personally. A school is not directly liable for the acts of its students (with some exceptions), so the settlement was based on something else. Probably inadequate supervision or something like that. And if it was a settlement rather than a verdict, there probably isn't a recourse. She made a claim, which may or may not be true, and the insurance company opted to pay her to go away rather than fight it out. But that's only if it was a settlement. If it was a verdict, perjury would come into play. Regardless, I agree with SBP that he has several causes of action he can pursue against her.
Post by jennipea382 on May 26, 2012 23:33:06 GMT -5
My FI's friend had a situation like this. His ex girlfriend claimed rape and he got sent to jail over it. Of course I wasn't there and didn't even know any of them at the time, but from what I hear she was pretty crazy. Not to mention she tried to sleep with FI multiple times while dating his friend (not that being slutty makes a rape claim false by any means, but it just adds to it all IMO). He's married now but I think he had some problems getting jobs for a while because of it all. Though now he can't seem to hold a job, but that's a totally different story...
My FI's friend had a situation like this. His ex girlfriend claimed rape and he got sent to jail over it. Of course I wasn't there and didn't even know any of them at the time, but from what I hear she was pretty crazy. Not to mention she tried to sleep with FI multiple times while dating his friend (not that being slutty makes a rape claim false by any means, but it just adds to it all IMO). He's married now but I think he had some problems getting jobs for a while because of it all. Though now he can't seem to hold a job, but that's a totally different story...
Clearly, we should stop convicting accused rapists without absolute proof of their guilt - like that common death penalty position. Exceptions should always change the rules. Like I before E except after C, or Jews.