Do you have adblock enabled?
If you can read this, either the style sheet didn't load or you have an older browser that doesn't support style sheets. Try clearing your browser cache and refreshing the page.

(Huffington Post)   Brooklyn DA's office knew woman recanted rape accusations, but indicted two men anyway because, hey, conviction rate = justice   (huffingtonpost.com) divider line 106
    More: Asinine, criminal accusation, conviction rate  
•       •       •

9291 clicks; posted to Main » on 19 Apr 2012 at 4:43 AM (3 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



106 Comments   (+0 »)
   
View Voting Results: Smartest and Funniest

Archived thread

First | « | 1 | 2 | 3 | » | Last | Show all
 
2012-04-18 08:31:16 PM  
Well, we can't not charge them, that would encourage rape. And we can't charge her for false testimony, because that would encourage rapists.

And yes, those arguments were seriously made by a DA in similar cases.
 
2012-04-18 08:41:06 PM  
It is possible she recanted under duress
 
2012-04-18 08:41:51 PM  
I hope someone from the DA office is currently updating their resume at home on a nice unpaid permanent vacation
 
2012-04-18 08:51:51 PM  
The punishment for false rape claims should be being placed on the sex offender's registry as a rapist.

You use rape as a weapon, with or without your genitals, and you're a rapist.
 
2012-04-18 08:56:05 PM  
I could understand not releasing them immediately after she recanted, so they can investigate her story to make sure she wasn't forced to recant or whatnot. However, holding them for over a year and then just *puff* magically finding the recant during the trial seems a little shady. I would like to believe what happened was the lesser of two evils (The document just got lost rather then hidden) but I don't trust prosecutors. I trust them less then police really.
 
2012-04-18 08:56:23 PM  

EvilEgg: It is possible she recanted under duress


I decanted under her dress.
 
2012-04-18 09:29:03 PM  
People don't just lie about rape you know - this is clearly a case of stockholm syndrome. These guys deserve whatever's coming to them.
 
2012-04-18 09:30:32 PM  

aiiee: EvilEgg: It is possible she recanted under duress

I decanted under her dress.


WHAR IS FUNNY BUTTTON! WHAR?!>!
 
2012-04-18 09:43:22 PM  
Those DA's should lose all exemptions/protection to lawsuits for violating civil rights.
 
2012-04-18 10:03:40 PM  
You know, I wondered why in the howling fark the HuffPo had published this story. Then I clicked the link.
 
2012-04-18 10:08:53 PM  
In California, once the woman claims assault or rape by law the DA must automatically press charges. The woman could come back with proof that nothing happened and depending on where the in the process they are, the DA is bound by the law to pursue.

Usually the DA will give a plea bargain of "disturbing the peace" in an attempt to still win without letting you, the poor sap go free for angering a woman.
 
2012-04-18 10:18:36 PM  

basemetal: Those DA's should lose all exemptions/protection to lawsuits for violating civil rights.


They shouldn't have those exemptions in the first place.
 
2012-04-18 10:21:01 PM  
It happens in petty domestic violence cases all the time. Woman gets mad, in heat of moment tells cops on phone man threatened/slapped/grabbed/pushed her, then later, when cooler heads prevail, admits to "exaggerating" somewhat. 'Round here, prosecutors regularly threaten the "victim" that if she recants--she'll getting charged with filing a false police report. Her choice. So--you can guess what happens more often than not.
 
2012-04-18 10:25:07 PM  
Face it, men... the way the laws are written, if a woman initiates the nuclear option, you are going to get nuked

/there are no recall codes
 
2012-04-18 10:27:26 PM  

basemetal: Those DA's should lose all exemptions/protection to lawsuits for violating civil rights.


They should be in prison.
 
2012-04-18 11:23:42 PM  
Come on, they did something to deserve it. I'm sure of it.
 
2012-04-18 11:29:47 PM  
This is like a perfect storm of people who should be beaten like pinatas...

Women who falsely cry rape, and Douchebag DAs who care more about how their conviction rate looks than truth, or justice.
 
2012-04-18 11:48:21 PM  

doglover: The punishment for false rape claims should be being placed on the sex offender's registry as a rapist.

You use rape as a weapon, with or without your genitals, and you're a rapist.


I'm OK with that, but you would have to prove beyond a shadow of a doubt that they filed a false claim. And yes, if she files a claim then later says, "No, I made it up," yes she should go on the list. But if she files a claim and the defendant is found not guilty, you'd have to prove that she knowingly made a false claim to put her on the list.

That way, a woman would think twice about filing the false claim AND if she filed a real claim but was afraid to go through with it, she'd think twice about recanting.
 
2012-04-19 12:39:48 AM  
Torches + Pitchforks + Angry mobs

/oh my
 
2012-04-19 12:47:21 AM  

doglover: The punishment for false rape claims should be being placed on the sex offender's registry as a rapist.

You use rape as a weapon, with or without your genitals, and you're a rapist.


I agree with you. I would never ever in a million years rape anyone and if I was accused AND convicted of it I would kill myself ASAP. What more is there to live for if everyone you know and love thinks your are some sick rapist?

I know rape is horrid but false accusations of it might actually be worse. Honestly, if they could prove either of them beyond a shadow of a doubt, I'd support the death penalty be expanded.
 
2012-04-19 12:49:08 AM  

basemetal: Those DA's should lose all exemptions/protection to lawsuits for violating civil rights.


and those DAs should spend the rest of their lives in prison. period.
they are the worst kind of people and clearly a danger to society
 
2012-04-19 01:09:17 AM  

violentsalvation: doglover: The punishment for false rape claims should be being placed on the sex offender's registry as a rapist.

You use rape as a weapon, with or without your genitals, and you're a rapist.

I agree with you. I would never ever in a million years rape anyone and if I was accused AND convicted of it I would kill myself ASAP. What more is there to live for if everyone you know and love thinks your are some sick rapist?

I know rape is horrid but false accusations of it might actually be worse. Honestly, if they could prove either of them beyond a shadow of a doubt, I'd support the death penalty be expanded.


Aw jeez, cmon. Rape is just rape, after all's said and done. Who wouldn't want a bit of rape after a busy day of rape?

/rape.
 
2012-04-19 01:12:23 AM  

violentsalvation: I'd support the death penalty be expanded.


Oh, and those who support the death penalty are purely hubristic assholes.
 
2012-04-19 01:35:42 AM  

Babwa Wawa: violentsalvation: doglover: The punishment for false rape claims should be being placed on the sex offender's registry as a rapist.

You use rape as a weapon, with or without your genitals, and you're a rapist.

I agree with you. I would never ever in a million years rape anyone and if I was accused AND convicted of it I would kill myself ASAP. What more is there to live for if everyone you know and love thinks your are some sick rapist?

I know rape is horrid but false accusations of it might actually be worse. Honestly, if they could prove either of them beyond a shadow of a doubt, I'd support the death penalty be expanded.

Aw jeez, cmon. Rape is just rape, after all's said and done. Who wouldn't want a bit of rape after a busy day of rape?

/rape.


I'm not making little of rape. In any way. It is disgusting and if it were able to be proven beyond a .. OK fark you and your next post.

Babwa Wawa: Oh, and those who support the death penalty are purely hubristic assholes.


Presumption does not fit with my "beyond a shadow of a doubt" bit, does it?

I would support it but my prerequisites are impossible so... wow. Who is the asshole?
 
2012-04-19 03:31:25 AM  
Anyone who files a false claim - and either is proved to have lied or admits it - should suffer the penalties of the crime they falsely accused someone of doing. Justice would be served by that sort of thing, IMO. Liars should have to pay the same penalty they tried to pin on someone else.
 
2012-04-19 03:53:46 AM  

SpaceyCat: Anyone who files a false claim - and either is proved to have lied or admits it - should suffer the penalties of the crime they falsely accused someone of doing. Justice would be served by that sort of thing, IMO. Liars should have to pay the same penalty they tried to pin on someone else.


the ONLY problem with this is that so few rapes are reported to start with. We certainly dont want to scare real rape victims away ...

To be honest, the bigger travesty was the prosecution. Failing to share the exculpatory evidence should be a felony if it isnt already. Prosecuting a case where the victim recants ??? dont even get me started. The DA belongs in prison. for life. period.
Otherwise we can never trust the justice system.

no wait, do we currently trust the justice system? WHY???
 
2012-04-19 04:49:46 AM  
" this is a farking hassle, and I guess it's not really THAT big of a deal, and I am over it, and oh god please, just make the whole thing stop."
 
2012-04-19 05:01:07 AM  

Babwa Wawa: violentsalvation: I'd support the death penalty be expanded.

Oh, and those who support the death penalty are purely hubristic assholes.


Those who make blanket statements are all members of NAMBLA and the Klan.
 
2012-04-19 05:12:20 AM  

doglover: Babwa Wawa: violentsalvation: I'd support the death penalty be expanded.

Oh, and those who support the death penalty are purely hubristic assholes.

Those who make blanket statements are all members of NAMBLA and the Klan.


I hate blanket statements. The damn things should just shut up and keep us warm on cold nights.
 
2012-04-19 05:15:20 AM  

SpaceyCat: Anyone who files a false claim - and either is proved to have lied or admits it - should suffer the penalties of the crime they falsely accused someone of doing. Justice would be served by that sort of thing, IMO. Liars should have to pay the same penalty they tried to pin on someone else.


/THIS. I have always said this, but, that would be justice, and it's never ever gonna happen.
 
2012-04-19 05:23:10 AM  
Britney Spears Speculum - In California, once the woman claims assault or rape by law the DA must automatically press charges.

CITATION PLEASE


As an attorney (albeit a bit unfamiliar with California's criminal statutes) this does not pass the smell test. It would be violative of a DA's responsibility to only press charges upon sufficient evidence (regardless of the crime) under prevailing Constitutional standards. This sounds much like an urban myth, rather than a reflection of the laws of the state.
 
2012-04-19 05:59:09 AM  
When a friend of mine was raped, she didn't see her attacker. That didn't stop the police from showing her mugshots of previously convicted rapists, pressuring her to pick one of them. "Are you SURE you didn't see ANY of these men on the night of the rape?" "Are you SURE none of these men look familiar?" etc etc. They actually got verbally abusive toward her when she wouldn't identify someone she hadn't seen and implied that she was making the story up to get attention.
 
2012-04-19 06:00:02 AM  

SpaceyCat: Anyone who files a false claim - and either is proved to have lied or admits it - should suffer the penalties of the crime they falsely accused someone of doing.


Oddly enough, that was the exact biblical penalty for perjury.
 
2012-04-19 06:10:32 AM  

jaylectricity: doglover: You use rape as a weapon

I'm OK with that


/aspiring DA
 
2012-04-19 06:11:05 AM  
This is why I rape women. I figure that at anytime, some woman can accuse me of a rape that I did not commit and have me sent to jail. This way, if I ever get convicted of rape that I did not do, I can go to jail knowing that it would not be in vain.
 
2012-04-19 06:18:19 AM  

untaken_name: When a friend of mine was raped, she didn't see her attacker. That didn't stop the police from showing her mugshots of previously convicted rapists, pressuring her to pick one of them. "Are you SURE you didn't see ANY of these men on the night of the rape?" "Are you SURE none of these men look familiar?" etc etc. They actually got verbally abusive toward her when she wouldn't identify someone she hadn't seen and implied that she was making the story up to get attention.


the worst part being, who's to say any of those dudes did it in the first place before becoming convicted?

-----------------------

namatad: SpaceyCat: Anyone who files a false claim - and either is proved to have lied or admits it - should suffer the penalties of the crime they falsely accused someone of doing. Justice would be served by that sort of thing, IMO. Liars should have to pay the same penalty they tried to pin on someone else.

the ONLY problem with this is that so few rapes are reported to start with. We certainly dont want to scare real rape victims away ...


Too fking bad. The cure for that is *not* to set up an environment which encourages false accusations from women, and destroyed reputations of the men who are falsely accused. This crap is backwards, but it fits right into 'guilty until proven innocent' and The Pedestal.
 
2012-04-19 06:18:25 AM  

WhyteRaven74: basemetal: Those DA's should lose all exemptions/protection to lawsuits for violating civil rights.

They shouldn't have those exemptions in the first place.


Seconded...Fark has all kinds of outrage for stupid police, but we let Prosecutors walk for abusing discretion. And do not get me started on the various laws that require Prosecutors to pursue a case regardless of the merits. Common in DWI cases.
 
2012-04-19 06:25:53 AM  

Oxygen_Thief: Fark has all kinds of outrage for stupid police, but we let Prosecutors walk for abusing discretion


You must be new here. Prosecutor Outrage threads are as much a cliché on Fark as Breastfeeding, Child Support, Gay Republican or Women Driver threads.
 
2012-04-19 06:27:30 AM  

ExperianScaresCthulhu: the worst part being, who's to say any of those dudes did it in the first place before becoming convicted?


Some woman. Who, 30% of the time, isn't telling the truth. I don't want to see rapists go free, but neither do I want 3 men out of 10 who are convicted of rape to be innocent. I'm not sure what the solution is, but I damn sure can see there's a problem that needs to be addressed.
 
2012-04-19 06:29:22 AM  
images.wikia.com

Don't fark with my clearance rate
 
2012-04-19 06:29:44 AM  

swahnhennessy: Oxygen_Thief: Fark has all kinds of outrage for stupid police, but we let Prosecutors walk for abusing discretion

You must be new here. Prosecutor Outrage threads are as much a cliché on Fark as Breastfeeding, Child Support, Gay Republican or Women Driver threads.


Yeah I reread my comment and you are right. Apologies I conflated Fark and the general population.
 
2012-04-19 06:30:52 AM  

untaken_name: SpaceyCat: Anyone who files a false claim - and either is proved to have lied or admits it - should suffer the penalties of the crime they falsely accused someone of doing.

Oddly enough, that was the exact biblical penalty for perjury.


Because it makes sense.

I'd argue perjury is actually a bigger crime than any other because the honest word is the basis of society and law.

If you are accused of a crime, because of the freedom of the press, you're basically a criminal in the eyes of the public at large forever. So anyone who accuses falsely should be convicted on the maximum possible sentence allowed for the crime they bore false witness to.
 
2012-04-19 06:43:52 AM  

EvilEgg: It is possible she recanted under duress


It is also possible that leprechauns have been eating the carrot tops in my garden, but Occam demands that I posit rabbits.
 
2012-04-19 06:58:39 AM  

doglover: untaken_name: SpaceyCat: Anyone who files a false claim - and either is proved to have lied or admits it - should suffer the penalties of the crime they falsely accused someone of doing.

Oddly enough, that was the exact biblical penalty for perjury.

Because it makes sense.

I'd argue perjury is actually a bigger crime than any other because the honest word is the basis of society and law.

If you are accused of a crime, because of the freedom of the press, you're basically a criminal in the eyes of the public at large forever. So anyone who accuses falsely should be convicted on the maximum possible sentence allowed for the crime they bore false witness to.


I agree with this completely. There used to be some reason, for example, that we had things like a grand jury, because it originated where said jury would probably know the person, and have some notion of whether he or she might have committed the crime. Now it just becomes a giant, unanswerable accusation in the media that the accused will never lived down. Once you are accused you are guilty, and in some professions that means your career is effectively over. I have reluctantly arrived at the point where I think it's time for SCOTUS to re-examine New York Times v. Sullivan*. The road to hell is paved with good intentions.
 
2012-04-19 06:58:39 AM  

SpaceyCat: Anyone who files a false claim - and either is proved to have lied or admits it - should suffer the penalties of the crime they falsely accused someone of doing. Justice would be served by that sort of thing, IMO. Liars should have to pay the same penalty they tried to pin on someone else.


Except for then who would ever admit to having filed a false claim? If a woman accuses me wrongly of rape, I would hope that she could recant so I wouldnt go to prison.

If its me or her going to prison, she is NEVER going to recant, no matter how much she starts to feel guilty.
 
2012-04-19 07:01:52 AM  
I've always felt that one major way to put a dent into the practice of the false rape accusation game is to extend the rape shield laws to include the ACCUSED as well as the accuser.

As it stands now, if a man is merely accused of rape, his name, age, address, place of work etc, are immediately published in the news. This effectively convicts the accused in the public eye before ever even going to trial.

Sadly, in a situation where the accusations are revealed to be maliciously false or unfounded, the news of innocence or vindication are rarely published by the same media that reported it in the first place.

By extending the rape shield statutes to include the accused, the presumed weapon of character assassination used by the accuser is lessened tremendously.

Then of course, after a proper legal trial where and if the accused is found guilty of rape/sexual assault by a jury of his peers they can THEN tar and feather the accused to their heart's content.
 
2012-04-19 07:04:04 AM  

Muuru: I've always felt that one major way to put a dent into the practice of the false rape accusation game is to extend the rape shield laws to include the ACCUSED as well as the accuser.

As it stands now, if a man is merely accused of rape, his name, age, address, place of work etc, are immediately published in the news. This effectively convicts the accused in the public eye before ever even going to trial.

Sadly, in a situation where the accusations are revealed to be maliciously false or unfounded, the news of innocence or vindication are rarely published by the same media that reported it in the first place.

By extending the rape shield statutes to include the accused, the presumed weapon of character assassination used by the accuser is lessened tremendously.

Then of course, after a proper legal trial where and if the accused is found guilty of rape/sexual assault by a jury of his peers they can THEN tar and feather the accused to their heart's content.


This is the first time I've ever clicked the smart button.
 
2012-04-19 07:08:04 AM  
As far as prosecutor outrage threads go, this one is prettry lame. Women recant all the time when the alleged attacker is known to them. And if it truly happened when she was 13, it can't be consensual.

/Everybody is Hitler and deserves life in prison.
//Yawn
 
2012-04-19 07:09:12 AM  
farked up on the DA's part, but this was still a 17yr old and at least one adult having sex with a 13yr old.

Not that upset over jail time, farked up how it played out.
 
2012-04-19 07:16:12 AM  

Muuru: Then of course, after a proper legal trial where and if the accused is found guilty of rape/sexual assault by a jury of his peers they can THEN tar and feather the accused to their heart's content.


As long as we ALSO convict the false accusers of rape as well.

If you accuse someone of a crime as the victim, you should be in jeopardy as well for the same crime in the event of perjury.
 
Displayed 50 of 106 comments

First | « | 1 | 2 | 3 | » | Last | Show all

View Voting Results: Smartest and Funniest


This thread is archived, and closed to new comments.

Continue Farking
Submit a Link »
Advertisement
On Twitter





In Other Media


  1. Links are submitted by members of the Fark community.

  2. When community members submit a link, they also write a custom headline for the story.

  3. Other Farkers comment on the links. This is the number of comments. Click here to read them.

  4. Click here to submit a link.

Report