Going back to a much earlier post by Pizzagirl about the fact that there are no waving red flags to indicate that someone is dangerous: I should also have said that I agree that any given person may have seen no danger signs about another person, within a time frame that might make it reasonable for the two to be alone together. So there is not a very good way to be guaranteed safety. Also, there are evidently a number of child molesters who are able to evade detection by a large number of people.
On the other hand, I think that high school students do tend to acquire reputations among their contemporaries, because they are (typically) not so guarded as adult malefactors. And there were certainly signs that Turner’s attitude was off.
Another reason for this not to be simply over, following the conviction: On one of the news articles about Judge Persky, where comments could be posted, someone posted the idea that if consent has been granted, and then the person who consented falls asleep or becomes unconscious, the consent continues to apply. At the very least, additional commentary could show that person (and anyone else who shares the belief) that acting on that belief would make them criminally culpable in a lot of places.
@mamaedefamilia my son used to work as a barback in a bar a few years ago. He was telling me the other day that one thing the barstaff and bouncers would do is look out for guys who weren’t drinking much but were getting a girl drunk. If they spotted that happening, they would escort the guy out.
@greenwitch : any presumptive ineligibility for probation permits the trial court to find that probation is appropriate in the interests of justice in a given case. many, many crimes are presumptively ineligible depending on the circumstances. the judge has discretion to rule to the contrary. not saying that i agree with his exercise of discretion in this case, but the presumption is just that – a presumption and not an absolute bar.
I just cannot post what I want to say, but rape laws vary so much from state to state.
Maybe I can say it, “Whether you are male. or female or trans, or anything else… Know the laws in your state and know the laws in the state where you intend to attend college.”
I wonder if there is some background we don’t know – like the victim did not want to testify, and there was little chance of a conviction at trial if she did not. It’s possible the prosecutors are just incompetent or heartless, but there’s some likelihood that there was a problem with their case and they needed to take whatever deal they could.
Hanna, since you have a legal background: Would it be possible under existing law for the family in the recent New York Times op ed piece to bring a civil suit against the (alleged) rapist, and would they have any chance of prevailing, if the man were not convicted?
I would think the family would have to be absolutely sure that none of the issues they claim were a result of the encounter were pre-existing if they were going to attempt to find restitution through the civil system. I would think if there were no pre-existing conditions the family could certainly do that. If she would have followed the criminal system through a trial, the court can order restitution to the victim.
Re #1393 - One thing to keep in mind about any civil suit is that if the plaintiff (the woman who was raped) were to allege emotional distress as one of the causes of action (or as a part of the damages she would be seeking), I believe that then the defendant would be able to have her medical/psychological records as a part of discovery. I’m sure that would be completely traumatizing to have those private records out there.
Judgments are good for a LONG time. In NY State, for 20 years. LOTS of college students will have money within 20 years. Unpaid judgments accrue interest.
Anybody with parents wealthy/kind/stupid enough to fund the defense of their rapist offspring may also be wealthy/kind/stupid enough to satisfy their precious baby’s judgment too, seeing as it will hang over junior’s head for a very long time, accruing interest.
1397 - Yes. There are ways of renewing judgments year after year, going after the defendant in various states, and garnishing wages. But this is long and time consuming. The Goldmans still haven't collected all their judgment again OJ. It makes it harder to find a lawyer willing to take the case.