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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 12:13:12 AM   
DompairWantsubf


Posts: 11
Joined: 9/17/2011
Status: offline 		A similar case happened here. a 29 year old woman went to a little party for a 9 year old girl. the little girl's mother and the woman were drinking and as it happens in many cases, the woman got hammered and had to go home and rest. the mother of the little girl asked her 15 year old son to take her home so she would not have an accident. keep in mind these 2 are next door neighbors in a small apartment building. the 15 year old took the 29 year old woman home and he saw she was plastered. he proceeded to take off her pants and her undies and put on a condom and raped her as she was lying unconscious on her bed. the boy's mother noticed he was taking a bit long to get back, so she went next door to see what was happening and found him on top of her going at it. in the midst of the mother and son arguing and the mother trying to get the woman redressed the woman woke up. imagine her surprise as she saw the boy with his limp dick hanging out and the mother putting her undies back on.

The next day she told her husband about this, and of course the first instinct was to go and kill the 15 year old. she argued against it and finally convinced him that it would be better to call the police and press charges. it was done that way and after 6 months of dealing with the police and the d.a. and the p.o. in charge of juveniles, nothing has happened to him. to top it off he still lives next door to them and they have to see each other daily. through the windows and when he passes right by their door on the way to his apt. the police have done nothing at all other than tell her that she can't do a thing about it. and the husband has been warned by the police to stay away from him or he will end up in jail. the courts have not given him 1 day of jail time, not 1 day in the past 6 months since it has happened.

they have been told to not divulge to anyone what happened until the case is closed. god only knows when that will or if it will happen. he has been referred t a shrink for an evaluation thanks to their lawyers (the 15 year old). his name can't be disclosed and the couple can't do a thing to the 15 year old. moving isn't an option as finding a place is not in the books and the owner of the building will not evict the rapist. I know it is a long story but I felt it was relevant to this post.

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 12:19:12 AM   
tj444


Posts: 7574
Joined: 3/7/2010
Status: offline 		I question if she actually passed out at the party, sounds like she might have been slipped something in her drink.. and if that is the case, these boys are an even greater danger to other women.. The boys parents must be so proud of them.. I expect they will be getting into more trouble in the future..

Since the boys bragged to their friends, etc, they are the ones that made their crime public themselves before this girl ever tweeted about it..

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 12:29:25 AM   
xLaChienne


Posts: 259
Joined: 11/12/2011
Status: offline 		So they took advantage of her while she was passed out, took pictures of it and passed them all around, have plead guilty to it, and she isn't allowed to talk about it?

Bullshit.

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 12:38:34 AM   
BitaTruble


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quote:

ORIGINAL: servantforuse

She knew it was wrong and did it anyway.


Objection - speculation. Witness is testifying to the individuals mindset - a thing he cannot possibly know. To whit: just because something is illegal doesn't make it 'wrong'. She might have known it was illegal but that does not mean she knew or even thought it was wrong.




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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 2:48:55 AM   
DomKen


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From: Chicago, IL
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quote:

ORIGINAL: gungadin09

quote:

ORIGINAL: DomKen
On a brighter note, the court order violates her free speech rights...


Are you sure? Would you mind posting a link?

Pam


in 1979 SCOTUS found a law barring newspapers from printing the legally obtained name of a juvenile offender unconstitutional.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=443&invol=97

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 3:36:36 AM   
DarkSteven


Posts: 28072
Joined: 5/2/2008
Status: offline 		1. Why is the media publishing her name? I thought that rape victims and minors had their names withheld. (Oops. Per this article, she waived confidentiality.)

2. Per the article, she was unaware of the plea bargain until it was announced in the court. If that's true, then she was not a party to the agreement. The article doesn't specify if her parents or the prosecuting attorney acted for her in accepting the agreement. That said, a judge's word is law.

3. Note that the girl and the attackers are all minors. If a bartender allows an of-age drunk to get more booze and then a DUI fatality occurs, the bartender will be liable. I'm surprised that the person who allowed a drunken party of underage teens, is not being prosecuted as as accessory. I'm not excusing the boys' actions, but who allowed the kids access to booze?

4. The article is crap. "Dietrich and her parents went to Louisville Metro Police, who eventually charged the two juvenile defendants with first-degree sexual abuse, a felony, and misdemeanor voyeurism, according information contained in the court motion filed by the newspaper." The article further stated that they pled guilty to all charges in a plea bargain. No way - a plea bargain is where some charges are dropped or lessened in return for not having the hassle of a trial.

5. Reading between the lines, it appears that she got drunk and passed out. A couple of boys removed some of her clothes and took and shared pics. She was not raped and it's not sure if she was touched. The boys pled guilty to a felony. While I don't know the actual punishment they were given, I doubt they got off very easy.

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:02:30 AM   
servantforuse


Posts: 6363
Joined: 3/8/2006
Status: offline 		Since she is a minor, I am quite sure that her parents and or guardian had to be aware of any plea deal. Her attorney cannot make a plea on his own without involving them.   

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:18:13 AM   
thishereboi


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quote:

ORIGINAL: DarkSteven

1. Why is the media publishing her name? I thought that rape victims and minors had their names withheld. (Oops. Per this article, she waived confidentiality.)
Yup, when you agree to do an interview, you are agreeing to be named.

2. Per the article, she was unaware of the plea bargain until it was announced in the court. If that's true, then she was not a party to the agreement. The article doesn't specify if her parents or the prosecuting attorney acted for her in accepting the agreement. That said, a judge's word is law.

3. Note that the girl and the attackers are all minors. If a bartender allows an of-age drunk to get more booze and then a DUI fatality occurs, the bartender will be liable. I'm surprised that the person who allowed a drunken party of underage teens, is not being prosecuted as as accessory. I'm not excusing the boys' actions, but who allowed the kids access to booze?
I hadn't thought about that, but you are right.

4. The article is crap. "Dietrich and her parents went to Louisville Metro Police, who eventually charged the two juvenile defendants with first-degree sexual abuse, a felony, and misdemeanor voyeurism, according information contained in the court motion filed by the newspaper." The article further stated that they pled guilty to all charges in a plea bargain. No way - a plea bargain is where some charges are dropped or lessened in return for not having the hassle of a trial.
Yes, but the charges that are dropped would not be included in the plea bargin, so they could still plead guilty to all the charges in the plea bargain.

5. Reading between the lines, it appears that she got drunk and passed out. A couple of boys removed some of her clothes and took and shared pics. She was not raped and it's not sure if she was touched. The boys pled guilty to a felony. While I don't know the actual punishment they were given, I doubt they got off very easy.
Have you ever tried to undress someone without touching them? And do you really think after they went to the trouble to get her clothes off they just stood back and took pics? Sorry but I am having a hard time believing that one.



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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:20:57 AM   
thishereboi


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quote:

ORIGINAL: servantforuse

Since she is a minor, I am quite sure that her parents and or guardian had to be aware of any plea deal. Her attorney cannot make a plea on his own without involving them.   



I don't see why her parents would have had any say in a deal between the defendents and the court. Now if her daughter is arrested and offered a plea bargain, then they would call in her lawyer and they would be aware of the details.

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:24:45 AM   
servantforuse


Posts: 6363
Joined: 3/8/2006
Status: offline 		She is a minor.  

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:29:18 AM   
thishereboi


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quote:

ORIGINAL: servantforuse

She is a minor.  



So were the defendents and I am sure that their parents had a say in the process. But since the girl wasn't the one who was offered the deal, the girls parents wont have a say in it. That is between the cops and the boys (along with the boys parents and attorneys)

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:43:58 AM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
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quote:

ORIGINAL: thishereboi
quote:

ORIGINAL: servantforuse
She is a minor.  

So were the defendents and I am sure that their parents had a say in the process. But since the girl wasn't the one who was offered the deal, the girls parents wont have a say in it. That is between the cops and the boys (along with the boys parents and attorneys)


So, the plaintiffs don't have to sign off on a plea deal, too? That strikes me as all sorts of wrong. Are you positive this is the case (and I freely admit I have no idea if that's the case or not)?

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:59:24 AM   
thishereboi


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quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: thishereboi
quote:

ORIGINAL: servantforuse
She is a minor.  

So were the defendents and I am sure that their parents had a say in the process. But since the girl wasn't the one who was offered the deal, the girls parents wont have a say in it. That is between the cops and the boys (along with the boys parents and attorneys)


So, the plaintiffs don't have to sign off on a plea deal, too? That strikes me as all sorts of wrong. Are you positive this is the case (and I freely admit I have no idea if that's the case or not)?


As far as I know, no they don't have anything to do with it. And no I am not positive. Luckily I haven't been in the position to know for sure. But I do know there are a couple of people here who jump at the chance to prove me wrong, so if there are links out there that prove otherwise, I am sure we will see them soon.

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 8:05:50 AM   
servantforuse


Posts: 6363
Joined: 3/8/2006
Status: offline 		I don't know of any judge that would sign off on a plea deal for a minor without consulting with the girls parents. Any lawyers here on collarme ?

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Profile   Post #: 34
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 8:25:29 AM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline 		Personally, I think sexual predators should be imprisoned for life, if not executed. The rate of these people re offending is increasing, even after prison time.

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 8:42:05 AM   
searching4mysir


Posts: 2757
Joined: 6/16/2011
Status: offline
quote:

ORIGINAL: servantforuse

Since she is a minor, I am quite sure that her parents and or guardian had to be aware of any plea deal. Her attorney cannot make a plea on his own without involving them.   



If this was in criminal court, then the plaintiff is the State, not the girl or her guardian/parent. The attorney can tell them about the plea deal, but the victims have no say whatsoever on whether or not the deal is offered and taken.

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 8:50:40 AM   
Caius


Posts: 175
Joined: 2/2/2005
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quote:

ORIGINAL: DesideriScuri

So, the plaintiffs don't have to sign off on a plea deal, too? That strikes me as all sorts of wrong. Are you positive this is the case (and I freely admit I have no idea if that's the case or not)?


Law and local policy vary considerably with regard to the authority the D.A. has in this regard from jurisdiction to jurisdiction. Generally (but not universally) speaking, neither the D.A. nor the court are required to attain the approval of the victim in determining indictments or plea agreements, but typically in the case of sexual assaults you will see some degree of consultation with the victim (at least, in cases where they have remained actively involved with pressing the charges, which is not always the case). Bear in mind that district attorney's are typically elected officials and political creatures, even if highly principled; they cannot really afford to make a habit, in the current day and age, of riding roughshod over victim's rights if they want their office to function smoothly. But both the law and practicalities relevant to such decisions are not always so obligingly black and white.

Regardless, this girl has my admiration.


< Message edited by Caius -- 7/23/2012 8:52:34 AM >

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 8:52:17 AM   
Hillwilliam


Posts: 19394
Joined: 8/27/2008
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quote:

ORIGINAL: servantforuse

Since she is a minor, I am quite sure that her parents and or guardian had to be aware of any plea deal. Her attorney cannot make a plea on his own without involving them.   

Her attorney wouldn't make a plea deal. A plea deal is between the plaintiff(s), their attorney, the DA and the judge. Victims are frequently not even consulted.

< Message edited by Hillwilliam -- 7/23/2012 8:54:49 AM >

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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 9:28:21 AM   
gungadin09


Posts: 3232
Joined: 3/19/2010
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quote:

ORIGINAL: DomKen


quote:

ORIGINAL: gungadin09

quote:

ORIGINAL: DomKen
On a brighter note, the court order violates her free speech rights...


Are you sure? Would you mind posting a link?

Pam


in 1979 SCOTUS found a law barring newspapers from printing the legally obtained name of a juvenile offender unconstitutional.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=443&invol=97



Sorry, I meant a link explaining why the court order violates her free speech. I know that it's illegal for newspapers to print the names of juvenile offenders. But I would have thought that courts give orders like that all the time-- for example, when they order jurors not to talk about a case. You could be right, I'm just curious to see.

Pam


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RE: sexual assault victim could face charges for tweeti... - 7/23/2012 9:31:12 AM   
kalikshama


Posts: 14805
Joined: 8/8/2010
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quote:

ORIGINAL: ElleStClaire

I'm an activist against rape.. here are 2 very important links..

first, the petition to free Dietrich :
http://www.change.org/petitions/kentucky-district-court-drop-charges-against-savannah-dietrich?utm_campaign=friend_inviter_action_box&utm_medium=facebook&utm_source=share_petition&utm_term=13475515

Second, a documentary to make the injustices globally known :
http://www.jointheconversation.me/

Rapists and Predators (and I'm NOT talking about BDSM Role Play) Should be Outed..
Fight for the rights of individuals as a culture and community (including our BDSM community for being misunderstood)

I speak at events, and spoke with Andrea at Slut Walk Noho.. she is now on her way to he DC Slut Walk..

just my humble opinion.

Elle


I signed the petition; thanks for posting it.

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Profile   Post #: 40
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