volger
Extraordinary Member
- Joined
- Oct 27, 2008
- Messages
- 26,053
- Likes
- 108,998
The very bedrock of our criminal justice system is the arch ideal that the defendant is innocent until PROVEN guilty beyond a reasonable doubt. That means that if not proven guilty, one should be viewed as innocent.
There is no onus on the defendant to prove innocence, only on the government to prove guilt.
Proving it is a false claim is just as iffy as proving rape and its quite likely and probable that neither can be proven. A not guilty verdict doesn't mean he didn't in fact do it, it means that there was insufficient proof to convict. However, I do agree with you in cases that can clearly be proven to be false accusations.
Not a witness. I think the person bringing charges should have to pay if they/government representation loses. I have friends that went to trial in the same way on a he said she said evidence and they were found not guilty. They had to shell out 15 to 20k to prove it. I understand you can counter with a civil case but that's more money out of pocket and more time wasted by the court system. I don't want to deter people from seeking criminal charges where they are justified but something has to be done about all of the nonsense cases as well.
Found this article posted on USA Today about 10 days ago and thought I'd post it. Up until now you only heard rumors that Drae Bowles was involved with the rape case, and allegedly encouraged the woman to call 911 for the non-rape that occurred that he thought was rape[rumor]. Well, now it's official that he was in fact listed on the witness list for the grand jury. Drae Bowles, D'Andre Payne, and Bowles' father were all listed on the witness list.
That's pretty interesting info if nothing else.
"Two former Tennessee football players, Drae Bowles and D'Andre Payne, were also on the witness list for the grand jury proceedings. Bowles and Payne were on the roster at the time of the alleged rape, but both have since transferred out of the university. Bowles' father was also on the witness list."
NFL withdraws combine invite to Tennessee player investigated for rape
siap
Sure, but the presumption of innocence cuts both ways in the case of a he said/she said rape allegation . Unless her allegations are provably false beyond a reasonable doubt, an accuser can't be punished just because her story wasn't provably true beyond a reasonable doubt. Here's the spectrum we're talking about:
Rape didn't happened - - - - - - - - - Rape happened
<-------[A]---------------------------[C]------->
is the dividing line representing whether a rape actually happened. [A] represents whether a rape allegation is false beyond a reasonable doubt, while [C] represents whether a rape allegation is true beyond a reasonable doubt.
Unfortunately, between [A] and [C] somebody isn't going to get the justice they deserve, but the legal system relies on the presumption that it's better to risk letting the guilty go free than to risk punishing the innocent. If we held rape accusers to a lesser standard of proof than the defendants they accuse and punished them for a rape allegation that "probably" didn't happen, that would chill many victims from reporting crimes that really happened. For better or worse, that built-in margin of error from [A] to [C] is the best we can do with our legal system.
Just wonder what the percent of false claims is at this point. I could think of other ways to get even with someone other than committing a felony.All this for a case no one knows a thing about. Sadly they could have particiapated in a horrible act and harmed that poor girl. At the same time, who knows she could be a crazy ex getting final payback for something we know nothing about. Go ask a cop in a big city how many false calls they get... crap happens just wait til the case is over and leave it at that
Just wonder what the percent of false claims is at this point. I could think of other ways to get even with someone other than committing a felony.
Just wonder what the percent of false claims is at this point. I could think of other ways to get even with someone other than committing a felony.
Your friends didn't prove themselves innocent. They simply couldn't be proven guilty beyond a reasonable doubt. They still could very well be guilty, but the prosecution couldn't prove it. That's hardly the victim's fault.
Maybe someone did go through a rapekit exam and repeatedly tell the same story of being degraded to various audiences just to mess with your friends, but the fact of the matter is, it's not a fun process for someone to bring a rape complaint. And it shouldn't be assumed that claims that don't result in convictions are baseless. It's a very difficult task to prove (beyond a reasonable doubt) any assault that occurs in private between two individuals. Doesn't mean we need to add more deterrents to discourage victims from coming forward.
It's been kinda hard to explain to my 7 yo son why his favorite Vol player isn't going to the NFL, nonetheless, play his last 3 games! AJ's last game my was my son's first game at Neyland.
Actually my friends case was not rape, it was theft but I understand your point. I guess my point is when you have nothing to lose then it's easy to accuse somebody of anything. I truly feel bad for anybody that has any crime committed against them. However there are so many cases out there that are brought to court by individual when nothing actually happened and they walk away with no punishment. This promotes you can bring false accusations against anybody.
He said she said case imo. He could be hung like a horse which may explain the results of the rape kit. Tearing and blood etc.
Hurts for her and or hurts for knowing her friends or family she is banging a black football player. Assuming she is white. jag
Does it worry you more that a guilty man might go free, or that an innocent man might be found guilty?
There's this thing they make called lube....
Most people don't engage in sex with the intent to hurt someone, therefore tearing and bleeding is more likely a sign of forced trama.
