Two current cases in the media
A. Case 1 - Mark Giannini was accused by multiple witnesses of not only rape, but extreme sexual abuse/torture, but was found "not guilty" due to inability to prove the charges beyond reasonable doubt, where the burden lies more on the prosecution. The defense has only to create enough "doubt" and the burden isn't met.
Lawyer’s statements about consent during rape trial come under fire
This case brought up the legal question among the jurors: What is consent.
(This case and the lawyer's comments also brought up the issue of blaming
women as the victims, for lying. if you want to comment about that, go ahead!)
How can you prove if people consented or not at the time?
If it becomes a matter of he said / she said, by law, the benefit of the doubt goes to the criminal defense.
How are rape victims supposed to come forward if the majority of cases go against them.
NOTE: I know a case of a 14 year old who was convinced not to pursue charge of rape because of this.
And she was UNDERAGED at the time, but because the social stigma and emotional strain of trial and legal procedures was daunting and potentially damaging (because the defendant came from a rich family with legal resources) even the rape victims father was convinced to drop it and not pursue it. That's how bad the system is.
Can the system be changed to make this a fair field for both sides?
or would we have to go back to the days of "no sex outside of marriage"
so the marriage contract and license serves as proof of consent, and that becomes the standard:
HAVING SOMETHING IN WRITING to prove the terms of consent as other written contracts.
Is that what we are heading toward? Written contracts for everything including sexual relations???
B. Case 2
As much as I want to scream and cry for the rape victim(s) in the first case,
it's cases like this one, where a young woman has a chance of recovery after being reunited
with her family, that give me hope and make me NOT want to complain because I am so relieved in this case:
Ex-Teacher Allegedly Planned to Flee to Mexico with Teen Student He Abducted
She has a long road ahead. her father reports she is not reacting or responding as the same person as before, but is very traumatized and shell shocked, and this is going to take time.
So it's not an instant happy ending, but will take work.
I'm just so happy that at least one person is able to return to their family, and have a chance at all.
So sad for the rest, the other families still grieving and missing loved ones.
The case of Elizabeth Thomas also has brought up the discussion on consent vs. coercion.
Though some people may find it offensive to even question this case, at least it forces people to TALK about how abuse and coercion happen.
We do need to be more aware so we learn how to combat these abuses and predatory stalking and grooming that is targeting vulnerable people.
If people protest afterwards, to me that still shows they didn't consent to begin with. Anyone can be lured into "consenting" to things they don't really agree with. So that's a danger when it comes to legally picking cases apart. It's already hard enough as it is to defend abuse and rape victims. If there is anything the defense can use to claim "the person consented" it makes it even worse. I hate the added abuse and trauma these rape and abuse victims have to go through. If we can't change the legal system to prevent this, I hope the medical community can develop better means of early diagnosis and treatment of these predatory addictions and criminal illness, so these cases can one day be prevented all together. And no victims have to go through the trauma of abuse, or die at the hands of mentally ill, violent abusive people. Or go through the criminal justice system on top of the trauma and abuse they are trying to recover from, if they even survive.
A. Case 1 - Mark Giannini was accused by multiple witnesses of not only rape, but extreme sexual abuse/torture, but was found "not guilty" due to inability to prove the charges beyond reasonable doubt, where the burden lies more on the prosecution. The defense has only to create enough "doubt" and the burden isn't met.
Lawyer’s statements about consent during rape trial come under fire
This case brought up the legal question among the jurors: What is consent.
(This case and the lawyer's comments also brought up the issue of blaming
women as the victims, for lying. if you want to comment about that, go ahead!)
How can you prove if people consented or not at the time?
If it becomes a matter of he said / she said, by law, the benefit of the doubt goes to the criminal defense.
How are rape victims supposed to come forward if the majority of cases go against them.
NOTE: I know a case of a 14 year old who was convinced not to pursue charge of rape because of this.
And she was UNDERAGED at the time, but because the social stigma and emotional strain of trial and legal procedures was daunting and potentially damaging (because the defendant came from a rich family with legal resources) even the rape victims father was convinced to drop it and not pursue it. That's how bad the system is.
Can the system be changed to make this a fair field for both sides?
or would we have to go back to the days of "no sex outside of marriage"
so the marriage contract and license serves as proof of consent, and that becomes the standard:
HAVING SOMETHING IN WRITING to prove the terms of consent as other written contracts.
Is that what we are heading toward? Written contracts for everything including sexual relations???
B. Case 2
As much as I want to scream and cry for the rape victim(s) in the first case,
it's cases like this one, where a young woman has a chance of recovery after being reunited
with her family, that give me hope and make me NOT want to complain because I am so relieved in this case:
Ex-Teacher Allegedly Planned to Flee to Mexico with Teen Student He Abducted
She has a long road ahead. her father reports she is not reacting or responding as the same person as before, but is very traumatized and shell shocked, and this is going to take time.
So it's not an instant happy ending, but will take work.
I'm just so happy that at least one person is able to return to their family, and have a chance at all.
So sad for the rest, the other families still grieving and missing loved ones.
The case of Elizabeth Thomas also has brought up the discussion on consent vs. coercion.
Though some people may find it offensive to even question this case, at least it forces people to TALK about how abuse and coercion happen.
We do need to be more aware so we learn how to combat these abuses and predatory stalking and grooming that is targeting vulnerable people.
If people protest afterwards, to me that still shows they didn't consent to begin with. Anyone can be lured into "consenting" to things they don't really agree with. So that's a danger when it comes to legally picking cases apart. It's already hard enough as it is to defend abuse and rape victims. If there is anything the defense can use to claim "the person consented" it makes it even worse. I hate the added abuse and trauma these rape and abuse victims have to go through. If we can't change the legal system to prevent this, I hope the medical community can develop better means of early diagnosis and treatment of these predatory addictions and criminal illness, so these cases can one day be prevented all together. And no victims have to go through the trauma of abuse, or die at the hands of mentally ill, violent abusive people. Or go through the criminal justice system on top of the trauma and abuse they are trying to recover from, if they even survive.
