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Tuesday, April 25, 2006

Sowell on The Duke Lacrosse Rape Prosecution

This case has bothered me as something seemed wrong. If a guy as smart as Thomas Sowell thinks so....


Law or lynch law?


A lineup should include not only people suspected of a crime but also other people, so that it tests whether the accuser or witness can tell the difference, and is therefore credible. But the stripper who claimed to have been raped by members of the Duke lacrosse team was presented with a lineup consisting exclusively of photographs of members of the lacrosse team.

In other words, whoever she picked out had to be a lacrosse player and would be targeted, with no test whatever of her credibility, because there was no chance for her to pick out somebody who had no connection with the team or the university. Apparently District Attorney Nifong was no more wiling to test the accuser's credibility than was the TV talk show hostess who went ballistic, though credibility is often crucial in rape cases.

Mr. Nifong went public with his having DNA evidence collected. Then, after the DNA failed to match that of the accused, the students were arrested anyway and their bail was set at $400,000 -- in a community where a youth accused of murder had bail set at $50,000.

A fellow stripper who was at the same party sees in this an opportunity -- in her own words -- to "spin this to my advantage."


Read the whole thing...and everything else Thomas Sowell writes.

Comments

Avatar for Zsa Zsa

Whistler...That bothered me too. That is really unfair and not serving justice.

Zsa Zsa on April 25, 2006 at 08:09 am

I wonder if our prosecutorial system wasn’t political, would we have problems like this?

Dave W on April 25, 2006 at 10:45 am
Avatar for The Whistler

The problem would be who appoints and supervises such a person?  Suppose in this case it’s the mayro.  That wouldn’t take politics out of the equation, would it?

The Whistler on April 25, 2006 at 10:49 am

At the state level someone would say yes, because in states like SD and ND, there are laws that say city offices must be non-partisan.  I honesly have not done enough research into the subject or professional law and jury like Europe has in many countries.

Dave W on April 25, 2006 at 10:53 am
Avatar for Epicurus

The.Whistler,

Its often an elected office.

Epicurus on April 25, 2006 at 12:21 pm
Avatar for The Whistler

Ep; I was answering post #3 from Dave Miller.

The Whistler on April 25, 2006 at 12:23 pm
Avatar for student student

I thought I read somewhere that the girl had vaginal damage. So you could say that she was raped, but NOT by a person who does not match dna evidence. However, I do believe it is awfully hard to be going forward with a case like this shortly after what has happened.

I have waited 3 years for a prosecution because I did not have the emotions to go through with it. Now, I am working on one and I’m not sure I’m going to get any closure. Nonetheless, I’m sure plenty of people will not believe that I was raped, despite the fact that I said "no" and went into the hospital under shock from the loss of blood.

I don’t know if this stripper’s injuries were the same, but it sounded like they were similar. The extent appeared not to be disclosed, but it is possible that she was raped by SOMEONE. I just don’t see why she would purposely accuse the wrong person. Couldn’t she just tell them that none of the people in the lineup looked like him? 

student student on April 25, 2006 at 04:40 pm
Avatar for The Whistler

Actually I don’t expect this to get to trial. 

There will be no physical evidence.  DNA wasn’t there the first time they checked.  There was also no evidence of condom usage.  The other stripper didn’t see anything.

There are photographs that the stipper was bruised when she showed up.  

I imagine the team will all say that nothing happened.

Her identification can be blown away due to mishandling by the authorities.  In fact the one accused guy actually was outside during part of the "rape".  

If there’s no DNA evidence I think they get off.  HOwever this is likely after the election.  

By the way, did you see this story where a person died in prison and was then cleared of rape? 

 

 

The Whistler on April 25, 2006 at 04:43 pm
Avatar for student student

The Whistler, are you saying that she damaged her own vagina? I had a 7 cm tear in mine!!! The surgeon said there was no doubt I’d been raped, but I have no idea if a rape kit was done- they never told me anything except about the surgery, nor did they ask me if I wanted a kit. I was barely conscious anyways…

But if you’re trying to say that these were just outer bruises, then I’d say she is definitely lying about the entire thing- for the money. 

student student on April 25, 2006 at 04:49 pm
Avatar for The Whistler

I have no idea about bruises on her private parts.  The pictures released of her were clothed and they appeared to show bruises and a cut on the knee.  This is when she showed up. 

All I’m saying is that women don’t always tell the truth.   I had a friend who was on a jury in a rape trial.  The entire jury of men and women came to the conclusion that the accuser changed her mind after the action. 

And I just provided a link to a person in the UK who died in prison and was since cleared.

They didn’t give a lineup, they just asked her which members of the team did it. 

I would think that women would be furious with a women that falsely accused someone of rape.   

 

The Whistler on April 25, 2006 at 04:55 pm
Avatar for student student

I am, I’m just trying to figure out what’s going on… The more women that falsely accuse, the less likely it seems that I’m ever going to have a chance in society. They seem to take it so lightly, they must not have a reputation to damage. I know that rape has damaged my reputation many times over. Luckily, the statute of limitations in my home state is 15 years, to account for people like me who don’t have the emotional stability.

I re-read the article and they were saying that there was vaginal damage in the Kobe Bryant case- so I made a mistake...I don’t know why they included that though. Here’s the article if you are interested:

http://www.msnbc.msn.com/id/12096835/

Is it true that this woman in the Kobe Bryant case had severe vaginal damage, and that Kobe got out scot free? I can’t remember how it ended (/me feels like unlearning student again)...Or is it that she blamed her rape on Kobe? Because if the guy got out clear, I’m afraid I have no case...mine will claim insanity, having been put in isolated classrooms previously for violent behavior. And of course every rapist claims that YOU wanted it. Mine claimed that my injury brought us together, and then complained that his headache was the worst thing in the world. Now it’s his turn to make up for the post-traumatic stress disorder, the 3 counselors, the surgery and doctors’ appointments…

Watching these cases, I wonder if I still do have a case. These people shed a bad light on the rest of us. And I’m also afraid of being judged. 

student student on April 25, 2006 at 05:03 pm
Avatar for The Whistler

Obviously rape is the most hideous crime.  However falsely accusing rape is just as bad.  (It’s the false accusation that makes it so).  It’s terrible that false accusations do happen. 

 In Kobe Bryants case it the accuser backed out.  If you read his statement to the police he admitted to having sex with her but claimed it was consensual. 

There was some talk of evidence where she had sex with another guy right after (or before) Kobe.  Therefore the "damage" didn’t necessarily come from having sex with Kobe.  

Personally I think she was a messed up character looking to cash in.  But I don’t know anything special. 

The Whistler on April 25, 2006 at 05:11 pm
Avatar for student student

I have to agree with you on that…

I’m also scared of filing charges right now, even though I’m doing it for closure, and yes, for justice. I have to tell them what I want out of it, and I don’t know exactly what to expect. I read up on the law, and he gets a minimum of 10 years in prison. How can I guarantee that he is not going to come after me when that time is up? How can I guarantee that he is not going to come after me if I do a trial?

I would be curious to see how long ago this rape was, compared to when the trial started. There are certain things that need to be addressed first before you even bother with this kind of stuff. First and foremost, I would want privacy and safety. But I wonder if they can help that at all?

That woman in the Kobe Bryant case sounds like a gold digger for sure. 

student student on April 25, 2006 at 05:21 pm
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