Carnival Deadline Tonight
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A rape survivor's zigzag journey into the open
On Feb. 13, the victim was invited to attend a dinner being held at the Ruiz's home. When [Jose] Ruiz picked the woman up at her house, he found that she was alone and raped her, prosecutors said.The story doesn't include any reference to whether Ruis will be placed on the sex offender registry. Someone who can so easily decide to commit rape needs to be viewed as a persistent danger to the public. It wasn't the wife's cheating which caused this rape it was this man's underlying willingness to rape.
Labels: legal
The advertisement appeared on Craigslist in early December. "Need a real aggressive man with no concern for women," read the posting on the Internet classified advertising forum. Its purported author was a Casper, Wyo., woman, whose photo also was posted.A link was provided in Social Worker's comment to a post titled Revenge Rape and Reason is Ty Oliver Mcdowell a Rapist or a Victim by Martha lownsberry, Staff Writer (Ranked #1 expert in Criminal Law) where the author misuses the reasonable person argument to focus only on whether a reasonable person would believe that a woman could want this type of rape fantasy acted out. According to the logic used in this analysis if a reasonable person could believe that some women could want this fantasy acted out then McDowell should have no legal responsibility for his actions against someone who never sought this fantasy.
One week later, a man accepted the offer, forcing his way into the woman's home, tying her up and raping her at knifepoint. "I'll show you aggressive," he allegedly said, according to court testimony.
In fact, authorities say, the woman had nothing to do with the ad. Instead, they say, a former boyfriend had posted it, soliciting her assault.
A Wyoming man, charged with raping a woman he met on Craigslist, claims that he did nothing wrong when he forced his way into her Casper home in December, tied her hands, and, prosecutors say, raped her at knife point.When what someone is requesting in an ad is the acting out of multiple felonies this defense is garbage.
According to Ty McDowell, who pleaded not guilty, he was just responding to the woman's Craigslist ad, which said she wanted to play out a "rape fantasy."
Labels: legal
The Supreme Court ruled Monday that federal officials can indefinitely hold inmates considered “sexually dangerous” after their prison terms are complete.One of the criticisms of civil commitment is that offenders don't get cured, but if this is true when offenders have professional help then releasing the most sexually violent offenders at the end of their prison sentences isn't going to have a better outcome for anybody except that dangerous sex offender.
By a 7-2 vote, the high court reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered “sexually dangerous.”
“The statute is a ‘necessary and proper’ means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned by who may be affected by the federal imprisonment of others,” said Justice Stephen Breyer, writing the majority opinion.
Labels: legal
U. WASHINGTON (US)—Men who engage in domestic violence consistently overestimate how common such behavior is, and the more they overestimate, the more they engage in abusing their partner.Since exposure to violence is a risk factor for violence, the behavior of role models and peers may lead to the statistical difference between these men's assumptions and the National Violence Against Women Survey findings. The story about this research doesn't include whether these men were also surveyed about how much violence they have witnessed.
“We don’t know why men make these overestimations, but there are a couple of likely reasons,” says Clayton Neighbors, an affiliate professor of psychiatry and behavioral sciences at the University of Washington and a professor of psychology at the University of Houston.
Labels: research
Labels: prevention
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Labels: prevention
Though the monetary loss is concerning, the real danger of staged accidents comes in the collisions themselves. In 2007 and 2008, years that saw a dramatic rise in staged accidents, there were 71,452 fatalities as a result of automobile collisions. The fact that offenders are increasingly forgoing the danger of seriously injuring or killing an innocent motorist for the purpose of scamming insurance companies is a serious concern.Despite the seriousness of this crime, few people would support treating everyone who reports an auto accident the way many people want rape victims treated. Those who demand all those who report rape should submit to polygraph exams would be unlikely to support the same demand for everyone who files an insurance claim.
Labels: legal
Labels: media
I've encountered a few rape apologists recently who talk about the fact that 40% of the victims in Koss' study slept with their rapists again, and act like it's proof that no rape occurred in the first place. (Yeah, infuriating, right?) I list off a bunch of reasons why women might sleep with their attackers again (coercion, a relationship/marriage, denial, etc.), and sometimes I even tell them that I slept with my rapist again, but I figured you could do the subject justice better than I could. :) If you get the time/inspiration, could you write a post about rape victims who have consensual(ish) sex with their attackers after the rape, and why it doesn't disprove that there was a rape in the first place?This too common denial that someone could consent after rape or at least comply after rape is a denial that I addressed about a month after I started blogging in a post If it happens again is it still rape?
Labels: Violence Against Women
It sounds as though the guy put the tracking device on the woman's car in order to stalk her. It's difficult to think that anyone could find the company liable here for the actions of the guy. I'm sure it's upsetting that the guy was able to track her, and she has every right to press all sorts of charges against the guy. But the GPS tracking company was merely the technology provider.The person who wrote this is making a biased claim designed to eliminate accountability for companies which provide services which can clearly be used by people with criminal intent. The defense of the company merely being a technology provider isn't a logical defense. A company that provides technology can and should be held responsible for the choices made by the company or by company employees. Technology is not a free pass from all responsibilities.
The lawsuit claims a Missouri company, Foxtrax Vehicle Tracking Inc., aided and abetted "Jack Doe" to commit assault and battery on "Jane Doe" in 2008, including while she was seven months pregnant. The suit does not state so specifically, but implies that Jack Doe installed a tracking device on Jane Doe's vehicle.The allegations that the company was informed that their service was being used to track someone against their will is a key allegation which the post on TechDirt ignored. If they were notified that their service was being used as a tool of domestic violence then they must be liable for the choices made by company employees in response to that notification.
The civil complaint, filed this week in Milwaukee County Circuit Court, names Jack Doe, Foxtrax and "as yet unidentified co-conspirators" as defendants. It says Jane and Jack Doe had a domestic partnership that began in March 2007, and that he was abusive and threatening toward her, "for the sole purpose of restraining the liberty and freedom of movement" of Jane Doe.[...]
The lawsuit also claims that Foxtrax at some point was notified of the situation involving Jane Doe, "but refused to discontinue aiding and abetting" Jack Doe, "purely for the sake of profit."
Labels: legal
When the Novartis sex discrimination trial started, two very different pictures of the company were offered to the public: one, a place that gave women, particularly pregnant women, lower pay and fewer promotions than men who performed equally well; the other, an employer that Working Mother magazine had repeatedly ranked as one of the 100 best places to work. Now that plaintiffs have called their final witness, it's obvious that Novartis (NVS) treated at least some women so badly that Novartis should pay them, big time.From the civil trial where former sales rep Marjorie Salame testifies about the response to her disclosure that she was raped after a Novartis golfing event:
Salame: "Having to discuss the details of the night of that assault was extremely difficult. So I looked down. And Mr. Robinson [a company HR executive] asked me if that was it when I finished. And then he told me to look him in the eyes. And he got up in my face and pointed in my face and told me, "Look me in the eyes when I'm talking to you so I can see that you can hear what I'm saying to you. And then he started to tell me how I should have had another set of keys. That my phone was low on battery that night, I should have went to a landline. Asking me how much I had to drink. Telling me how I needed to take accountability for what happened that night."The victim-blaming response which includes the demand for accountability from someone who has disclosed being raped is far too common, but if people are supposed to be accountable that must include those who demand accountability from rape victims.
Lawyer: "Did Regional Director Robinson say anything else to you?"
Salame: "Yes. He said I need to stop calling HR; that HR is not for me; that HR is only for [Robinson] and my manager, Joseph Simmons."
Over the next months, Salame's career at Novartis was completely derailed, and ultimately ended. The transcript of the day's testimony, which includes her full story, is linked to in the bnet article.I hope the jury takes these individual actions seriously and sees that when a HR executive resorts to victim blaming in an official meeting that the company must be held accountable.
Joseph Simmons, a Novartis district manager, stopped short Monday of admitting that he lied during the police investigation into the alleged assault of the sales employee he supervised, Marjorie Salame.Withholding evidence in a criminal rape investigation is colluding with an alleged rapist. Since the alleged rapist wasn't charged this withholding of information may have made a critical difference in the criminal case.
However, he admitted that he never told the police about a contrite phone call he received from the alleged assailant, who attended the golfing event and is a longtime friend of a paid consultant for Novartis.
Pharmaceutical company Novartis AG (NOVN.VX) (NVS.N) engaged in a pattern of discrimination against women at one of its divisions, a U.S. jury ruled on Monday, awarding compensatory damages of $3.3 million to 12 women and soon to be determined punitive damages to a larger group.
Labels: legal
Labels: carnival