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(WPTV)   Bad: Woman was molested by a cousin when she was 13. Good: She has gone through therapy and now helps others who are in the same situation. FARK: The molester is now suing the woman for defamation and stalking   (wptv.com) divider line 20
    More: Asinine, defamations, stalks, cousins, therapy, sex crimes  
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9482 clicks; posted to Main » on 04 May 2014 at 8:35 AM (33 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-05-04 08:08:38 AM  
4 votes:
He was never convicted of anything. He might have done it, he might not have. Since just the accusation will destroy his life there needs to be some protection.
2014-05-04 10:49:08 AM  
2 votes:

jso2897: Bertuccio: The Beatings Will Continue Until Morale Improves: It's not defamation if it's true. The burden of proof will be on the rapist to prove what the victim said is false. Not being arrested/convicted for it doesn't count as proof.

I would expect the burden would be for the victim to prove she was raped. Otherwise I could say you stole from me and if you couldn't prove otherwise you'd have to pay up.

In no event will he have to "pay up" - he isn't being sued. And she does not have to convince a judge or jury that he is guilty by the standard of the criminal courts - she need only show that a preponderance of the evidence shows that she is telling the truth the burden of proof falls equally on both parties to a civil suit - and it is he who is alleging that she is lying.
A criminal conviction is not even peripherally necessary to a finding in civil law.


As can be seen in this thread, unfortunately the basics of the American justice system are a mystery to a large percentage of people. Hell, we've had threads where dozens of people couldn't understand why civil and criminal cases on the same subject matter aren't an example of double jeopardy. Or who has the burden of proof in certain situations. Or that the legal standard is different in civil and criminal cases. Civics fails us.
2014-05-04 09:37:48 AM  
2 votes:
As someone who survived molestation by a family member, all I can say is that it takes a huge amount of courage and will to actually talk about this happening. I still have difficulty discussing my experience when my identy isn't hidden by a keyboard.

Of course, I'm operating on the assumption that this accusation is true.
2014-05-04 09:08:19 AM  
2 votes:

The Beatings Will Continue Until Morale Improves: It's not defamation if it's true. The burden of proof will be on the rapist to prove what the victim said is false. Not being arrested/convicted for it doesn't count as proof.


I'm pretty sure that's not how it works. He doesn't have to prove he didn't do it. He merely has to claim it, she then has to prove it by preponderance of evidence (criminal court, beyond reasonable doubt, civil by preponderance). I didn't read the article, but based on this thread she claims there was enough evidence to go forward w/ a criminal case it was just a time limit issue. That evidence would be more than enough for a civil court. She should also counter sue his ass, its as close to justice as she'll be able to get.

Hope the truth, whatever it is, comes out.
2014-05-04 09:02:14 AM  
2 votes:
It's not defamation if it's true. The burden of proof will be on the rapist to prove what the victim said is false. Not being arrested/convicted for it doesn't count as proof.
2014-05-04 08:54:14 AM  
2 votes:

inglixthemad: EvilEgg: He was never convicted of anything. He might have done it, he might not have. Since just the accusation will destroy his life there needs to be some protection.

Yes. Don't get me wrong, if he did it: a$$hole.

The problem being he was never convicted so being tagged like this isn't right either.


Fortunately in the USA, truth is a defense in defamation cases. So if he did it, he has zero case (on the defamation charge at least). She just needs to prove that he molested her. The standard of proof in this case would be a preponderance of evidence, which should be pretty simple with the testimony of an investigator from the BPD or two.
2014-05-04 02:23:22 PM  
1 votes:

DarkVader: edmo: Countersue his ass for the cash. If the prosecutors had enough to go on but ran out of time, that evidence is just as good to nail him in this proceeding.

It's unlikely that if the statute has run for criminal charges that it has not also run for a civil suit.  Appropriate law seems to be § 95.11 (7), Fla. Stat. (2013) - it's either 7 years or 4 years.  TFA doesn't have dates of the alleged abuse or the specific nature of the alleged abuse, so it's impossible to determine if it's actually run from what we've got in TFA.

Her alleged defamatory conduct is ongoing, therefore he can bring a suit.  His alleged conduct has, presumably, stopped as the criminal statute has run, if the civil statute has run as well, she's time barred from a suit.

If that's the case, she can still present a defense of truth to the defamation allegations.


yes no sort of ....
example:
criminal charges run out on friday
she starts accusing him today ...
her act of defamation statute of limitations counter starts when she commits the act of defamation, not when he committed the act of abuse.
2014-05-04 02:16:36 PM  
1 votes:

Loren: I wouldn't take it as a given that she was molested in the first place.


But don't you know you have to BELIEVE THE VICTIM? Or it's like you're raping her yourself! And don't forget about The Courage To Heal: I'll bet she has even worse cellular memories that hypnosis can bring out.


/ Yes I'm being facetious.
2014-05-04 12:41:02 PM  
1 votes:

jso2897: Just as an aside:
"My picture appeared on Facebook as 'a predator', which I have never been arrested, prosecuted, or convicted of," Foster's cousin writes In Broward County court documents."

Anybody notice anything conspicuously absent from his statement?

www.morethings.com
Recruiter: Have you ever been convicted of a felony or a misdemeanor? That's robbery, rape, car theft, that sort of thing.
John Winger: Convicted? No.
Russell Ziskey: Never convicted.
2014-05-04 12:33:00 PM  
1 votes:

jso2897: Just as an aside:
"My picture appeared on Facebook as 'a predator', which I have never been arrested, prosecuted, or convicted of," Foster's cousin writes In Broward County court documents."

Anybody notice anything conspicuously absent from his statement?


I notice you haven't commented on your innocence, either.  Shall we speculate on your guilt, as well?
2014-05-04 11:17:37 AM  
1 votes:

Gunboat: skinink: even though the only reason he was never bought to court is due to the Statute of Limitation? Finding it hard to sympathise with someone who escaped a trial on a technicality.


So says Ashley.  If she really had a good case, she why didn't she bring it earlier?
And it's not like she's some unsophisticated rube, either.  She's got a Facebook page, she's lobbied the Legislature, she's gotten media attention.  She can do all that, but she can't get it together to have charges filed within five years?

What's happening to alleged molester is really unfair.  What if he's innocent and Ashley's just some batshiat crazy biatch. How's alleged molester supposed to defend himself?  I guess he could ask her specifics of when and where and then disprove them by showing phone records or social calendars that he wasn't there?  Oh, no, he can't.  More than five years have passed, and nobody remembers now when alleged molester arrived at the event, or if he even showed at all, and the phone company deleted those records four years ago.

When something happened that long ago, it always devolves into a "did too," "did not" situation, and the defendant is in a bad position, because he can't get the proof he'd need to clear his name.


If she was 13 when it happened I can think of a variety of reasons a traumatized child might not have come forward sooner. Can't you?
2014-05-04 10:54:30 AM  
1 votes:

Moopy Mac: jso2897: Bertuccio: The Beatings Will Continue Until Morale Improves: It's not defamation if it's true. The burden of proof will be on the rapist to prove what the victim said is false. Not being arrested/convicted for it doesn't count as proof.

I would expect the burden would be for the victim to prove she was raped. Otherwise I could say you stole from me and if you couldn't prove otherwise you'd have to pay up.

In no event will he have to "pay up" - he isn't being sued. And she does not have to convince a judge or jury that he is guilty by the standard of the criminal courts - she need only show that a preponderance of the evidence shows that she is telling the truth the burden of proof falls equally on both parties to a civil suit - and it is he who is alleging that she is lying.
A criminal conviction is not even peripherally necessary to a finding in civil law.

As can be seen in this thread, unfortunately the basics of the American justice system are a mystery to a large percentage of people. Hell, we've had threads where dozens of people couldn't understand why civil and criminal cases on the same subject matter aren't an example of double jeopardy. Or who has the burden of proof in certain situations. Or that the legal standard is different in civil and criminal cases. Civics fails us.


Take my advice - drop a couple of comments, and then let it go. attempting to educate or inform the Fark GEDs is an exercise in futility that will drive you out of your mind long before it accomplishes anything.
2014-05-04 10:34:09 AM  
1 votes:

The Beatings Will Continue Until Morale Improves: It's not defamation if it's true. The burden of proof will be on the rapist to prove what the victim said is false. Not being arrested/convicted for it doesn't count as proof.


Agreed.

Give me your real name, address, and a few photographs.  I want to put up a few webpages detailing how you molested babies 20 years ago.
2014-05-04 10:07:43 AM  
1 votes:
But hey, there's no such thing as rape culture
2014-05-04 10:02:08 AM  
1 votes:

edmo: Countersue his ass for the cash. If the prosecutors had enough to go on but ran out of time, that evidence is just as good to nail him in this proceeding.


If you buy her story. We don't know they had enough. We are only hearing her side of it. I doubt there's any physical proof. At best it's she said/he said at this point. I doubt there's a strong case.
2014-05-04 09:37:06 AM  
1 votes:
Is the alleged molester willing to waive the statute of limitations and have the original rape charge heard in court?  If not STFU.
2014-05-04 09:34:45 AM  
1 votes:

TuteTibiImperes: skinink: So this guy J.R. Johnson is suing to have his name taken off of places like Ashley Foster's Facebook page because of the negative effects of being associated with molestation, even though the only reason he was never bought to court is due to the Statute of Limitation? Finding it hard to sympathise with someone who escaped a trial on a technicality.

[fbcdn-sphotos-c-a.akamaihd.net image 727x960]

Statutes of limitations aren't exactly technicalities.  They exist because after a certain amount of time has passed evidence and even witness accounts become unreliable.


You assume that even fresh witness testimony is reliable. (It isn't.)
2014-05-04 08:50:57 AM  
1 votes:
It's funny cause people on both sides of the issue will use this same instance as a shining example of how the system is broken.

A bunch of people will use this as an example of Rape Culture.  A sexual deviant using the legal system to abuse and re-violate the poor, innocent victim.
A bunch of other people will use this as an example of how fearful our culture is.  All it takes is a completely unfounded accusation, with no evidence, with no court case, with no conviction to completely destroy a man's life - just because she wants her 15 minutes of fame or to jump start a political career or some such nonsense....
2014-05-04 08:41:19 AM  
1 votes:
60 days past the statute of limitations when she finally went to police? Ouch...
2014-05-04 08:41:04 AM  
1 votes:
I notice WPTV is careful not to mention his name.
 
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