Author Topic: Refusal of Justice: What rape victims face today.  (Read 1873 times)

Offline The Revolution

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Refusal of Justice: What rape victims face today.
« on: May 07, 2011, 09:33:24 AM »
A Cheerleader was dropped from the squad, sued the high school she was on for wrongful dismissal, lost, then was ordered to pay the the school 45,000 for wasting it's time essentially. Her reason? She didn't want to cheer the name of the man who raped her.

What got me bothered was the lack of attention this case is getting. I went through google and saw one article that linked to ABC News. There was another horrific story linked with it.

Clearly, Law and Order SVU is fiction in more ways than one. Gone is the image of the caring police officers who are concerned with our safety. Meet the images of officers who don't want to do what they are paid for.

In truth, I don't even know where to go with this topic. I have no where to go, my mind is just a haze of anger and disbelief. I won't give the tired speech of being our daughters our mothers our friends... These are people. Humans. It's not enough that someone physically did all they could do to violate and strip trust and safety from these women, they are denied even further by not even getting justice or human consideration.

God, I'm angry. I want to discuss this, I want answers and I want to figure out a way to get this out of my world... I don't know how. I don't know. I just need someone to make sense of this for me. How can we let this happen to us?
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Offline phobos

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Re: Refusal of Justice: What rape victims face today.
« Reply #1 on: May 07, 2011, 10:53:17 AM »
Assuming for the time being that he did rape her, the refusal of justice was that he wasn't convicted of rape. That's the problem right there, that the guy isn't in prison right now; all this crap about basketball is a sideshow. According to the article, all he was convicted of was misdemeanour assault.

Now, there's something to be said for holding up high standards for sports teams - we don't want these kids to behave like they're Premiership footballers - so really he ought to have been dropped from the team for assaulting a fellow student. That's not so much justice as basic decency. Seems to be plenty of reason to drop a man from a high school team; this isn't a Premiership footballer we're talking about here. School sportsmen represent the school and present an example to the other students, and the behaviour he admitted is completely incompatible with that.

Given that he wasn't dropped, though, it seems to me that the way to protest would be to walk out of the cheerleaders' troupe and make damn sure everyone knows why. Even with just the allegation and not any conviction, that'll raise a stink. I'd be amazed if she couldn't get quite a few of the other girls to walk out with her: who the hell wants to cheer a rapist?

But since she stayed on as a cheerleader, did she not expect ever to be asked to... lead a cheer?
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Offline TIP

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Re: Refusal of Justice: What rape victims face today.
« Reply #2 on: May 07, 2011, 11:00:35 AM »
Phobos did you seriously just try to justify that, and manage to go "well if she's not LYING about it..." in the process?

Holy shit dude. You are being part of the problem. WHAT THE FUCK.
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Offline phobos

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Re: Refusal of Justice: What rape victims face today.
« Reply #3 on: May 07, 2011, 11:02:00 AM »
Someone's lying. I don't know who. Since he wasn't convicted we must allow for the possibility, however minute, that he didn't actually rape her.
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Offline Pixie

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Re: Refusal of Justice: What rape victims face today.
« Reply #4 on: May 07, 2011, 11:21:09 AM »
I understand that a lot of rape cases are difficult to prosecute, I DO. I understand that it often comes down to one person's word against another, and that the justice system needs more evidence than that.

But THIS?

Quote
H.S. was then raped, according to court documents, as other partygoers, hearing her screams, banged on the door to the room. When the door burst open, the documents allege, Bolton and Rountree had made their way out a window in an adjacent bathroom.

H.S. was found under the pool table, half-naked and sobbing. Both Bolton and Rountree were arrested the next day.

You have a whole TRUCKLOAD of evidence and what seems like a good sized witness pool. HOW ARE THESE BOYS NOT IN PRISON? HOW is this girl being treated like the villain in her own school?

What a brave girl. I hope she gets what she needs out of this.

Offline phobos

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Re: Refusal of Justice: What rape victims face today.
« Reply #5 on: May 07, 2011, 11:44:49 AM »
Reading further, it looks like there's a backlog in processing the DNA evidence - a depressing thought in itself, but one which suggests that at some point there might yet be evidence available to bring about a conviction.

Still, though: if justice is done then that is how it will be done, with evidence in a criminal court. This free speech case she's bringing just seems really daft. 'I got kicked out of the Let's All Shout About How Great the Basketball Players Are club because I wouldn't shout about how great one of the basketball players was'. Er...
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Offline TIP

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Re: Refusal of Justice: What rape victims face today.
« Reply #6 on: May 07, 2011, 12:12:07 PM »
Someone's lying. I don't know who. Since he wasn't convicted we must allow for the possibility, however minute, that he didn't actually rape her.
We are not the media and courts aren't infallible. Conviction doesn't guarantee guilt and the lack of a conviction  is definitely not an assurance of innocence. O.J. Simpson wasn't convicted, but no one except him feels the need to say "IF he did it".

Treating the two" sides" as if they're equal is not, in practice equal--certainly not in cases like this. One of the roots of the problem, here, is that virtually regardless of the evidence or situation, people are reluctant to believe rape victims, and this is even more true when the rapist is famous or a star athlete or etc. Adding completely unnecessary qualifiers is a very little piece of that, but it is a piece.

On top of that, there are people here who were victims and, odds are, weren't believed. I can't speak for them, but it's a lot easier for me to speak than it is for them. Not saying that kind of thing would be such a little thing, but it *could* mean a lot to someone who was--is--hurt.


I'm sorry for kinda lashing out at first. This is kinda an Issue.
"How dare you pull my rose, Madam! How dare you break my tree!
How dare you come to Carterhaugh, without the leave of me?"
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For Carterhaugh is my father's; I'll ask no leave of thee!"

Offline etphonehome

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Re: Refusal of Justice: What rape victims face today.
« Reply #7 on: May 07, 2011, 12:28:30 PM »
Yeah, I basically agree with phobos here. This girl has a very, very, very good reason for not wanting to cheer for this guy. That's fine. Given that, why on earth did she decide to remain on the cheerleading team in the first place, knowing that she would have to cheer on the young man who assaulted her? When you're a cheerleader the expectation is that you participate in cheering for the people on the court; you don't just get to sit quietly in the corner when it's time to cheer for someone who you despise.

If I were running the school, the young man who assaulted her would not have been allowed to remain on the basketball team. That type of behavior would never be condoned on a team I was coaching. However since he was not put in jail and was allowed to return to school, I don't see where the school administration should have any sort of legal duty to keep him from playing sports.

So in the end I do think this lawsuit is frivolous. What law did the school break by asking the cheerleader to cheer for everyone on the basketball team if she wanted to remain on the squad? I can't think of one. While it's certainly terrible that she has been put in this position of having to choose between giving up something she enjoys or cheering for someone who sexually assaulted her, I don't see what legal theory could compel the school to allow her to lead cheers for everyone but that guy.
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Offline The Revolution

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Re: Refusal of Justice: What rape victims face today.
« Reply #8 on: May 07, 2011, 01:00:27 PM »
First off, did anyone see the other link posted? The one that leads to ABC news?

Secondly, I do not buy the 'Well, you were victimized so change your life to avoid it' angle. I'm not even going to touch the fact that the charges shouldn't have been dropped with the mountain of evidence, but why should he be allowed to play football when, in my school, if you were caught even near kids who were smoking pot you were banned from sports?

If I've learned anything from the women around me who were raped, it is that you just want your life to go back to the way it was. She will never have that old normalcy back. But what they do is go through their routine and try to at least adhere to that. Barring the fact that she could have been trying for a Cheerleading Scholarship, The legal system failed her once and allowed that boy to continue. Why does she always have to make the changes for what's been done to her? Why does it seem like the legal and school system is supporting the attacker here rather than the victim.

Oh. Also?

Quote
School speech
In Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), the Supreme Court extended free speech rights to students in school. The case involved several students who were punished for wearing black armbands to protest the Vietnam War. The Supreme Court ruled that the school could not restrict symbolic speech that did not cause undue interruptions of school activities. Justice Abe Fortas wrote,
Schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students...are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State.
However, since 1969 the Supreme Court has placed a number of limitations on Tinker interpretations. In Bethel School District v. Fraser, 478 U.S. 675 (1986), the Court ruled that a student could be punished for his sexual-innuendo-laced speech before a school assembly and, in Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988), the Court found that school newspapers enjoyed fewer First Amendment protections and are subject to school censorship. More recently, in Morse v. Frederick, 551 U.S. 393 (2007) the Court ruled that schools could, consistent with the First Amendment, restrict student speech at school-sponsored events, even events away from school grounds, if students promote "illegal drug use".

It is her right to sit down and not cheer this man just as much as it's someoen's right not to salute the flag. A little more detail and history here. As an American Citizen, this nation and it's laws are SUPPOSED to back her if she didn't do anything to lead harm to the boy. She did a silent protest. And until someone can show me where in the constitution it says "And Cheerleaders will be compelled to support the twats that took the most from them", you can not convince me she did anything wrong. She is a champion. That is all.
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Offline phobos

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Re: Refusal of Justice: What rape victims face today.
« Reply #9 on: May 07, 2011, 01:15:07 PM »
... there are cheerleading scholarships?
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Offline EnsoMu

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Re: Refusal of Justice: What rape victims face today.
« Reply #10 on: May 07, 2011, 01:38:55 PM »
... there are cheerleading scholarships?

Cheerleading is a highly competitive sport these days.  Wisconsin ruled it is a full-contact sport, just like rugby, football, lacrosse, wrestling,  and ice hockey.  It can be seen as collective gymnastics sans protective mats

Offline Pixie

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Re: Refusal of Justice: What rape victims face today.
« Reply #11 on: May 07, 2011, 02:15:38 PM »
I only read the second link. It's primarily the stuff not relating to cheerleading that horrified me. She's being jeered at in the cafeteria, so the school advised her NOT TO GO TO THE CAFETERIA.

Offline The Revolution

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Re: Refusal of Justice: What rape victims face today.
« Reply #12 on: May 07, 2011, 03:43:13 PM »
did anyone watch the video that came with the second link?
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Offline Valdrin

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Re: Refusal of Justice: What rape victims face today.
« Reply #13 on: May 07, 2011, 09:59:48 PM »
I have not watched the video yet.

This whole entire thing makes me sad and angry.  I really don't have much more to say than that.
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Offline TGU

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Re: Refusal of Justice: What rape victims face today.
« Reply #14 on: May 08, 2011, 02:35:05 PM »
We are not the media and courts aren't infallible. Conviction doesn't guarantee guilt and the lack of a conviction  is definitely not an assurance of innocence. O.J. Simpson wasn't convicted, but no one except him feels the need to say "IF he did it".

You know...my brother, for YEARS, was utterly convinced that O.J. got away with murder.  Then at one of his Criminal Justice conventions he met one of the forensic analysts that worked the case and heard a lot of evidence that never made it into the media.  He is now 100% certain that O.J. did not kill his wife.  He certainly won't rule out the theory that he HIRED someone to do it, but the actual physical evidence was, in fact, the reason he was acquitted for murder, because the evidence showed it was not him. [/threadjack]

As for the actual topic at hand...my thoughts are very confused and hard to put into words.  I'll be back when I think I can actually articulate what I'm feeling and thinking.
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Offline Malk

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Re: Refusal of Justice: What rape victims face today.
« Reply #15 on: May 09, 2011, 06:40:55 PM »
Reading further, it looks like there's a backlog in processing the DNA evidence - a depressing thought in itself, but one which suggests that at some point there might yet be evidence available to bring about a conviction.

I'm not piping up on the rest of this topic because I haven't the time to read the articles right now, but I will comment on the backlog stuff...

I currently have two cases sitting open that I can't do anything about.  In both cases, an innocent person is dead and the idiot who decided that they absolutely needed to drink to excess and drive is walking around free.  Why?  Because the blood-testing backlog for the state lab is up to 6 months. 

When I do get the results, I have to hope that the state attorney decides that the case is good enough to proceed.  Then I file for a warrant and hope that the idiot gets picked up (in a place that the county will extradite from).

Offline LrsDude

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Re: Refusal of Justice: What rape victims face today.
« Reply #16 on: May 10, 2011, 02:44:40 AM »
This is all quite mind-blowing. We have this backlog of evidence, and these cops who appear to have given up on protecting women. It makes no sense.

I'm going to try to take all of this, and frame it in a way that makes it make sense.

Police departments and crime labs receive insufficient money to process the number of kits that come in. The backlog increases. As fewer arrests lead to convictions, the police lose some motivation in pursuing rape cases. Over time, this leads to a gradual reduction in rape convictions overall, which causes those policemen to receive a "pat on the back" for decreasing crime. (There HAVE been radical reductions in rape cases over the past 20 years, watch the second video in the second link.) Being congratulated for the decrease in rape convictions further motivates the police to look the other way. The labs become even more backed up in the meantime. And then, recently, we hit our recession, and even less money is available to pursue these cases.

So basically, things have gotten so bad, the United States no longer has the finances the protect women, and the media is too stupid to draw any attention to it.

I find it remarkable how our society is able to march toward Fascism AND Anarchy at the same time.