Disturbing Rape Case

Discussion in 'Law and Justice System' started by dmp, Jun 14, 2006.

  1. dmp
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    dmp Senior Member

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    Here's what gets me:


    http://www.breitbart.com/news/2006/06/14/D8I825980.html

    Emphasis Mine.

    WTF? Since when does somebody have to PROVE innocence? Are not Citizens INNOCENT until proven guilty? The burden of proof is squarly upon the shoulders of the plantif.
     
  2. jillian
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    jillian Princess Supporting Member

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    He doesn't have to prove his "innocence". He admitted to one of the elements of the case, which is sex with the woman. If she can prove, by her testimony, that it was against her will, the burdern of proof then shifts to the Defendant to show that it was consensual, by his testimony and/or the testimony of the witnesses.
     
  3. dmp
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    dmp Senior Member

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    Nobody's testimony is 'proof' - it's 'evidence'.
     
  4. GotZoom
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    GotZoom Senior Member

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    Not in the Philippines. Especially when it comes to the U.S. Forces stationed/visiting there.

    I had a friend named Rudy when I was there. He was a communications analyst. He was scheduled to go to the National Security Agency for a very exclusive class. A month before he was supposed to go, he was driving his motorcycle down the mountain from a resort called Baguio. The locals liked to stage accidents in order to get the U.S. military members to pay up cash on the spot to make the accident go away. They would threaten "International Hold" if you didn't. You could be stuck there forever if you were on International Hold. Didn't matter if you had orders or not.

    Anyway..this local jumps in front of Rudy's bike. Rudy smacks him and they both get thrown about 20 feet. Rudy checks the guy out and can't find a pulse. Rudy is sure he killed him. He gets on his bike (it was still operable) and rides down the mountain to the next town; tells the local police what happened and they all go back to the scene. Once they get there, the body is gone. There is blood on the road but no body. They search all over and can't find anything or anyone. Speculation is that there were two "jumpers" and the other guy drug the first body away.

    Bottom line. Even though there was no body or proof other than Rudy saying he hit someone, Rudy was put on International Hold and kept in the country; for a year after his rotation date. No class at NSA, no change of station, no leave, no nothing.

    This is also the country who during a Status of Forces agreement negoation, held out signing the paperwork until the U.S. government agreed to give every local who worked on the base an extra bag of rice (agreement was for 2 each, the government wanted 3 each.
     
  5. jillian
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    jillian Princess Supporting Member

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    http://www.ndcourts.com/court/glossary.htm

    I'm talking about "burden of proof", though. Different issues.
     
  6. GotZoom
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    GotZoom Senior Member

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    Toto...you aren't in North Dakota anymore.

    Philippines, Toto...forget about rules that make sense.
     
  7. Mr. P
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    Mr. P Senior Member

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    I’m no attorney, but I think sometimes 'evidence' = ‘proof', or am I missing something? No don't think so..many times the only thing regarding 'proof' is the
    'evidence' from testimony. I could be wrong..but I don't think so.
     
  8. Mr. P
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    Mr. P Senior Member

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    Philippines? my bad...didn't even look at where it was...nevermind.:scratch:
     
  9. jillian
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    jillian Princess Supporting Member

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    Heh! Didn't see that either. :huh:
     
  10. Mr. P
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    Mr. P Senior Member

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    Guess this is the "when in Rome" thingy.
     

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