RE: sexual assault victim could face charges for tweeting names of attackers (Full Version)

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gungadin09 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 9:31:46 AM)


quote:

ORIGINAL: Hillwilliam

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.


That REALLY sucks, but... did she break the law?

Pam



kalikshama -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 9:32:55 AM)

Savannah Dietrich faces jail time for naming boys who raped her (UPDATE)

...The teenager said had been drinking at the gathering and had passed out, and she was not aware that the assault had taken place until months later when someone informed her that the boys had not only assaulted her but they had taken pictures of the crime and were sharing them with others.

Dietrich said she became aware of the deal that the boys made with prosecutors just before it was announced in court. She said she is frustrated by what she feels is a lenient deal for her attackers.

Shortly after Judge Dee McDonald admonished everyone at the hearing not to speak about what happened in court or about the crime, Dietrich said she cried.

Shortly after leaving court Dietrich tweeted, “They said I can’t talk about it or I’ll be locked up….Protect rapist is more important than getting justice for the victim in Louisville.”

“They got off very easy…and they tell me to be quiet, just silencing me at the end.”

The teenager then named the boys writing, “There you go, lock me up. I’m not protecting anyone that made my life a living Hell.”

Dietrich, who is now in contempt of court, faces 180 days in jail and a $500 fine. Her attorney wants her contempt hearing open to the media, while the boys’ attorney is asking for the hearing to be closed.

The boys are scheduled to be sentenced next month.

Read more: http://theoriginalgreenwichdiva.com/savannah-dietrich-faces-jail-time-for-naming-boys-who-raped-her/35993/



Hillwilliam -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 9:53:38 AM)


quote:

ORIGINAL: gungadin09


quote:

ORIGINAL: Hillwilliam

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.


That REALLY sucks, but... did she break the law?

Pam

I would be inclined to say that she did. Even If I'm not even consulted about, much less consent to, a judicial decree, I am still bound by it.
The question is will the judge reconsider after this outcry? As for jail time that some have been referring to, I don't see it as she is a juvenile.



papassion -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 9:58:17 AM)

If a deal can be made without informing her or without her OK, how can she be held to a deal" she had NO input in producing? The law sucks, I'm signing the petition.



Hillwilliam -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 10:02:14 AM)


quote:

ORIGINAL: papassion

If a deal can be made without informing her or without her OK, how can she be held to a deal" she had NO input in producing? The law sucks, I'm signing the petition.

I agree, papassion, it sucks.
A judge has a lot of leeway, though, to declare gag orders and such. A newspaper editor isnt consulted but he will find himself in contempt.
Let's hope this judge is an elected and not appointed one. Maybe something can be done.



papassion -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 10:50:40 AM)

Everyone who disagrees with the Judges threat to prosocute the victim, E-mail Bill O'rielly at Fox news. He enjoys "outing" Judges who make rediculous rulings. In some cases, incompetant judges are "pressured" by the public to resign. Are all cases of this type, in that jurisdiciton, given gag orders or do the boy's families have money?




SilverMark -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 11:04:38 AM)

If the attackers were indeed juveniles, they do have a right(in most states) to keeping their names out of the public eye. Distasteful but true, much like the victim has the right to not have her name publicized.This could very well be part of a newer issue concerning what is deemed private, in the eyes of the courts, tweeting, and internet communications add a bit to the issue. The court agreement, probably negates her right to much in the way of naming her attackers in a public manner. Now, had they been tried as adults, different story! I feel for the young lady, but she is probably legally in contempt of a judicial order.



Yachtie -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 11:06:26 AM)


quote:

ORIGINAL: papassion

Everyone who disagrees with the Judges threat to prosocute the victim, E-mail Bill O'rielly at Fox news. He enjoys "outing" Judges who make rediculous rulings. In some cases, incompetant judges are "pressured" by the public to resign. Are all cases of this type, in that jurisdiciton, given gag orders or do the boy's families have money?




Finally, a positive use for Fox and Bill O'Reilly?



gungadin09 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 11:08:20 AM)


quote:

ORIGINAL: Hillwilliam

quote:

...did she break the law?


I would be inclined to say that she did... The question is will the judge reconsider after this outcry? As for jail time that some have been referring to, I don't see it as she is a juvenile.


That's what I think. There's no way she will do time. And though I feel for her, I also think a fine is fair. She could have written the same rant without mentioning names. In fact, she could have bleeped the names out "*******" and "********", and then proceeded to criticize the court for not letting her say them, called attention to what was happening without breaking the law. I would have applauded her for that. But instead she chose to break the law, and there are consequences when you do that. Now she has to pay the penalty that she knew perfectly well she would have to pay before she chose to do what she did. She did act in contempt of court, and the penalty is appropriate.

Pam



Hillwilliam -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 11:09:53 AM)


quote:

ORIGINAL: Yachtie


quote:

ORIGINAL: papassion

Everyone who disagrees with the Judges threat to prosocute the victim, E-mail Bill O'rielly at Fox news. He enjoys "outing" Judges who make rediculous rulings. In some cases, incompetant judges are "pressured" by the public to resign. Are all cases of this type, in that jurisdiciton, given gag orders or do the boy's families have money?




Finally, a positive use for Fox and Bill O'Reilly?

You have to use the tools that you're given.



tj444 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 11:26:15 AM)

quote:

ORIGINAL: kalikshama
...The teenager said had been drinking at the gathering and had passed out, and she was not aware that the assault had taken place until months later when someone informed her that the boys had not only assaulted her but they had taken pictures of the crime and were sharing them with others.

so were these boys ever charged with producing and distributing child porn, cuz that is what they did.. why are they not going to be on the Sex Offender Registry, cuz that is where these boys should be for the rest of their lives.. I guess there needs to be more unfortunate victims for that to happen.. [>:]

eta- sorta funny that if they hadnt been for their own arrogant bragging and showing pics, that she never would have known and they would have been in the clear entirely..



DesideriScuri -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 11:31:59 AM)

Anyone have any idea what manner the "sexual assault" took? There's a difference between undressing her and taking pics in lewd positions and actually undressing her and taking pics while fucking her.

I was contacted by a person here and it was explained that as this was criminal court, the plaintiff is the prosecutor, not the victim. The prosecutor has full power to offer, void, or agree to plea deals without the victim's consent, or even knowledge. In a civil suit, the victim would have been the plaintiff and would have had to sign off on the deal for it to go through.

Anyone have any idea if a civil suit can go forward after this plea deal?

https://www.ncjrs.gov/ovc_archives/bulletins/legalseries/bulletin7/2.html

http://www.law.cornell.edu/wex/plea_bargain

http://www.criminal-law-lawyer-source.com/terms/defendant.html

These were sent to me, and not my own. Very interesting reading....



tj444 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 11:41:02 AM)


quote:

ORIGINAL: DesideriScuri

Anyone have any idea what manner the "sexual assault" took? There's a difference between undressing her and taking pics in lewd positions and actually undressing her and taking pics while fucking her.

I disagree,.. there is no difference, she is a minor... and child porn is child porn..



DomKen -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 1:02:22 PM)


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.   

Why would she have had an attorney? Victim's of crimes are not required to and rarely need one.



DomKen -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 1:05:24 PM)


quote:

ORIGINAL: gungadin09


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


The jurors are prrevented from speaking because the information they obtained came in court. This woman got the information outisde the judicial system and the judge cannot prevent her from telling anyone or even publishing the names by twitter.



Hillwilliam -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 1:37:15 PM)


quote:

ORIGINAL: DesideriScuri

Anyone have any idea what manner the "sexual assault" took? There's a difference between undressing her and taking pics in lewd positions and actually undressing her and taking pics while fucking her.


You don't have to penetrate someone to be guilty of sexual assault.
I could approach a woman and yank her top off and BOOM, sexual assault, Im in jail with my name on the naughty list. I wouldn't even have to touch her skin with my fingertips.



LadyHibiscus -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 1:39:17 PM)


quote:

ORIGINAL: gungadin09


quote:

ORIGINAL: Hillwilliam

quote:

...did she break the law?


I would be inclined to say that she did... The question is will the judge reconsider after this outcry? As for jail time that some have been referring to, I don't see it as she is a juvenile.


That's what I think. There's no way she will do time. And though I feel for her, I also think a fine is fair. She could have written the same rant without mentioning names. In fact, she could have bleeped the names out "*******" and "********", and then proceeded to criticize the court for not letting her say them, called attention to what was happening without breaking the law. I would have applauded her for that. But instead she chose to break the law, and there are consequences when you do that. Now she has to pay the penalty that she knew perfectly well she would have to pay before she chose to do what she did. She did act in contempt of court, and the penalty is appropriate.

Pam



Contempt of court it might have been, but only the Supreme Court could contravene her Federal right to free speech.



gungadin09 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 2:35:38 PM)

quote:

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

...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


...The jurors are prrevented from speaking because the information they obtained came in court. This woman got the information outisde the judicial system and the judge cannot prevent her from telling anyone or even publishing the names by twitter.


Okay, so it's beyond the court's power to restrict the press' right to publish information it obtains *outside* the courtroom, even the names of juvenile offenders. And this girl obtained her information outside the courtroom. But she's not a member of the press, she's a participant in the trial. Why can't the judge enforce his gag order?

Pam



LadyHibiscus -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 2:40:42 PM)

Why does the judge think he has the right to silence a victim?



gungadin09 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 2:50:39 PM)

From what I can tell, it's a question of her right to free speech versus their right to a fair trial. But the trial is over. Does a judge have the right to restrict her speech after the trial is over? Is it a question of an appeal, or of their records being expunged because they're minors? Can anyone provide a link that explains why the judge does or does not have that right? ETA: One that applies to her, as a participant in the trial, and not a member of the press.

Pam



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