RE: sexual assault victim could face charges for tweeting names of attackers

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

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DomKen -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 2:58:50 PM)
quote: ORIGINAL: gungadin09 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 There are a bunch of SCOTUS rulings on this. Butterworth v Smith ruled that laws barring grand jury witnesses from ever discussing their testimony were unconstitutional. Oklahoma Publishing Co. V District Court found that a newspaper could reveal a juveniles name even if it was learned from court proceedings. The argument could come down several ways. First a Twitter posting may be considered to be covered by the freedom of the press in which the 2 cases involving newspapers kick in. Or the order could be challenged on the basis of restricting the victim's speech rights. The fact that it was a judicial order does make things tricky in that only "transparently invalid" orders can be ignored without appealing first. Although I think a strong argument can be made that this order falls into that zone.

gungadin09 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 3:04:35 PM)
quote: ORIGINAL: DomKen The fact that it was a judicial order does make things tricky in that only "transparently invalid" orders can be ignored without appealing first. Although I think a strong argument can be made that this order falls into that zone. Good point, thanks. Pam

KYsissy -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 3:48:53 PM)
Contempt charge has been dropped. GOOD!!! Was it Public outcry? The realization that they were just wrong? I don't know. I am not one to paint a sign and take to the streets, but I was ready to do so in this case. http://www.wdrb.com/story/19091887/louisville-girl-will-not-face-charges-for-tweeting-names-of-attackers

MileHighM -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 4:11:57 PM)
I would imagine she has a solid defense since the boys told their friends about their act.....It can already be argued that it was already public knowledge and she divulged nothing that was actually confidential. In reality, at that age, once they shared photos with their friends, you know that information spread like a wildfire especially among classmates. So the judges ruling was merely an exercise in power-ego-stroking masturbation, and therefore meaningless.

MileHighM -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 4:12:57 PM)
Hooray!!!

mons -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 4:44:18 PM)
I am one to say give their name up out and the open! They give plea deals to some of the worse criminals ever! That poor girl went through hell, why do they do this, give plea deals to criminals? They show what they did to her to everyone from what I read if the story on my homepage! She has no rights after that, they would had gotten to keep their sercet and go on with their lives! A dear rape was rape coming home from work, they did not have the special union that help rape victims ! I lost a dear friend she was never the same she drank , and drank! I miss her, I am very glad this girl did this they did not even mention that they would give the teens a a plea bargain, it just so sad! She was a victim all over again! One more thing she had been drinking, I told my son "I do not care if this gril is "butt naked" if she says no it means no"! It is good she stood up and took a stand ! I just hope she does not go to jail!! mons (butt naked I think it is a made up word mine) ?

tj444 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 4:50:06 PM)
quote: ORIGINAL: KYsissy Contempt charge has been dropped. GOOD!!! Was it Public outcry? The realization that they were just wrong? I don't know. I am not one to paint a sign and take to the streets, but I was ready to do so in this case. http://www.wdrb.com/story/19091887/louisville-girl-will-not-face-charges-for-tweeting-names-of-attackers It might have had more to do with it not looking good to the Judge to play hardball with the underage victim when the boys were trying to get a lienent sentence next month from the Judge (who could very well have disregarded the plea agreement and given a much harsher sentence).. So, imo, it wasnt any realization that they were wrong, it was the realization that it could backfire on them..

KYsissy -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:04:10 PM)
I think the fact that it became a big story, And they couldn't do these deals behind closed doors with no one knowing played a big part.

tj444 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:17:56 PM)
quote: ORIGINAL: KYsissy I think the fact that it became a big story, And they couldn't do these deals behind closed doors with no one knowing played a big part. If it became a big story that was imo directly due to them playing hardball and wanting the victim to be charged.. They are the ones that caused the media to jump on it since the media has sources in the police dept and also scours the courthouse for stories like this they can print. Had the boys/lawyers not done that then nothing further would have happened and the media would have found some other story to jump on instead..

thishereboi -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:26:51 PM)
quote: ORIGINAL: KYsissy Contempt charge has been dropped. GOOD!!! Was it Public outcry? The realization that they were just wrong? I don't know. I am not one to paint a sign and take to the streets, but I was ready to do so in this case. http://www.wdrb.com/story/19091887/louisville-girl-will-not-face-charges-for-tweeting-names-of-attackers Not sure why they dropped it, but I am glad they did [:)]

servantforuse -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:28:14 PM)
Would everyone here feel a little differently if the two boys violated the court order and outed her on twitter ? Just asking.

GotSteel -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:30:32 PM)
quote: ORIGINAL: servantforuse She knew it was wrong and did it anyway. What she did may be illegal but I certainly don't think it was wrong.

DarkSteven -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:30:46 PM)
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)? Damn, boi's right. I missed that one. There are no plaintiffs here - that's for a civil trial. This is criminal, in which the state pressed charges against the boys. The girl and her parents were not involved after they presented sufficient evidence to the state to warrant the trial.

thishereboi -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:31:05 PM)
quote: ORIGINAL: servantforuse Would everyone here feel a little differently if the two boys violated the court order and outed her on twitter ? Just asking. You mean after they were convicted of violating her and sharing the photos with friends? Hell yes. Are you saying you don't see the difference between the two?

tj444 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:33:40 PM)
quote: ORIGINAL: servantforuse Would everyone here feel a little differently if the two boys violated the court order and outed her on twitter ? Just asking. the boys have already made it public by bragging to their friends and showing the child porn pics they took of her.. they are charged as a result of making what they did public..

servantforuse -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:36:32 PM)
Court proceedings are usually secret and behind closed when minors are involved. Because she violated the court order she might have set herself up for her own civil suit ?

tj444 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:39:15 PM)
quote: ORIGINAL: servantforuse Court proceedings are usually secret and behind closed when minors are involved. Because she violated the court order she might have set herself up for her own civil suit ? i think her civil suit against them would trump that..

servantforuse -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:47:08 PM)
I kind of like what she did, but things like this have unintended consequences. You just can't do some things, and going on twitter in this instance was the wrong thing to do.

tj444 -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 5:49:23 PM)
quote: ORIGINAL: servantforuse I kind of like what she did, but things like this have unintended consequences. You just can't do some things, and going on twitter in this instance was the wrong thing to do. not nearly as wrong as what they did.. and if they had not done what they did, she would have never had a reason to tweet their names.. maybe these brain dead boys should have thought about those unintended consequences in the first place..

mons -> RE: sexual assault victim could face charges for tweeting names of attackers (7/23/2012 6:00:04 PM)
This girl is a child, please remember this raped is so horrible, but then have it shown to others is a mind melter! Do you remember being 17 and we all did things that would or could had gotten us into a mess! She did nothing wrong and she does not know a thing "only her pain but she is hurt more painfully dehumanized", she had nothing left but her word to say those teens almost destory her but she made a strong statement, she let everyone know who they were! I pray she makes it gets so much help she will need, I know what she is going through!!!! One last thing she has been in shock, this is enough, To make her forget her darn mind! I am very tough about the subject of rape, I do not mean to come across, as I am angry at you, it is my opinion!! Mons

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