Tytalus
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Man Accused of False Rape sues investigator who botched case
http://news.nationalpost.com/news/canada...-and-order
Quote:A Vancouver Island teacher falsely accused of sexual assault and torture by a Grade 9 student — accusations that were later shown to be ripped off from TV episodes of Law & Order: Special Victims Unit — is seeking compensation for more than two years of “unimaginable hardship.”
In an arbitration hearing last year, the student described a series of sadistic rapes that left her beaten and bloody, as well as torture, including waterboarding and being buried alive.
The claims were eventually revealed as fiction — with almost every act the girl described featuring in an episode of the police drama. According to court documents, the girl was a “big fan” of the show and admitted to watching each episode at least three times.
In a decision dated July 10, 2014, labour arbitrator Joan McEwen found in favour of the B.C. Teachers’ Federation (BCTF), which represented the teacher when he filed a grievance to get his job back, saying it was clear to “everyone” that the student could not be believed. The teacher was to be “made whole as soon as possible.”
In hearings continuing next week in a Nanaimo hotel room, the BCTF will pursue a claim for damages relating to the teacher’s loss of reputation. Details of the upcoming arbitration are scarce, with BCTF president Jim Iker saying the union can’t comment because “proceedings around this case are ongoing.”
A civil suit filed in February identifies the teacher as Donald Barber. The Qualicum man is suing the investigator hired by the school board to report on the student’s claims, saying the investigator was negligent in her work.
According to the civil claim filed in the Supreme Court of B.C., the Grade 9 student falsely told a school counsellor she had been sexually assaulted by Barber for several years. Three days later, on Sept. 30, 2012, Barber was arrested on possible charges of sexual exploitation. Barber was suspended with pay. Less than a month later, according to the civil suit, Crown counsel decided not to lay charges against Barber.
But in early November, the school board hired Victoria lawyer and investigator Marli Rusen to look into the student’s allegations.
Her report was damning.
According to the civil claim, Rusen repeated false accusations that he had “engaged in serious acts of psychological, physical and sexual violence.” She recommended the school district ensure Barber had no involvement with students and urged them to share her findings with police.
Schools and school boards are running by the seat of their pants
Barber was fired March 15, 2013.
In the civil suit, the teacher is seeking damages related to Rusen’s report, saying her words were defamatory and “maliciously published … knowing that they were false or with careless disregard as to whether they were true or not.”
Barber claims he has suffered embarrassment and humiliation, as well as injury to his professional character and reputation.
The civil suit hasn’t been proven in court. A statement of defence wasn’t available. The Province contacted both Barber and Rusen on Thursday, but didn’t receive a reply by deadline.
McGill University education Prof. Jon Bradley said the case is the first he’s seen where a teacher is seeking damages for a student’s false accusations.
As a society, we have a history of not believing kids, but I think this shows that maybe we’ve swung back a little too far the other way
“It’s long overdue,” he said. “Too often teachers are thrown under the bus.”
Bradley said many Canadian school districts lack procedures for dealing with allegations that are fair for both student and teacher.
“Schools and school boards are running by the seat of their pants,” he said.
Bradley said it was odd that the school district fired the teacher after Crown counsel dismissed the charges.
“As a society, we have a history of not believing kids, but I think this shows that maybe we’ve swung back a little too far the other way,” he said. “We need transparent, straightforward codes of practice and procedures.”
Vancouver labour lawyer Paul Pulver, who isn’t involved in the cases, said the arbitration hearing was somewhat unique because of the “horrific allegations” against the teacher, as well as the “utter lack of corroboration.” And it isn’t uncommon for a union to seek lost wages and damages when an employee’s dismissal is overturned.
I like how "unique" and "unprecedented" this man's actions are - word will hopefully get around that investigators who don't do their job can be sued and might actually do some due diligence.
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| 04-11-2015 07:36 AM |
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Days of Broken Arrows
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RE: Man Accused of False Rape sues investigator who botched case
"McGill University education Prof. Jon Bradley said..."As a society, we have a history of not believing kids, but I think this shows that maybe we’ve swung back a little too far the other way."
What the hell is he talking about? The accusations of "children," specifically girls, have been believed and have ruined lives for a long time. The whole idea of women "not being believed" and "not being listened to" is deliberate disinformation by feminists.
As far back as the 1930s, this was a topic being seriously discussed -- so much so that it became the focus of one of the era's most important plays, "The Children's Hour," by Lillian Hellman. From Wikipedia:
"The Children's Hour is a 1934 stage play written by Lillian Hellman. It is a drama set in an all-girls boarding school run by two women, Karen Wright and Martha Dobie. An angry student, Mary Tilford, runs away from the school and to avoid being sent back she tells her grandmother that the two headmistresses are having a lesbian affair. The accusation proceeds to destroy the women's careers, relationships and lives."
Also from Wikipedia on the play's origins:
"Hellman's play was inspired by the 1809 true story of two Scottish school teachers whose lives were destroyed when one of their students accused them of engaging in a lesbian relationship, but in the Scottish case, they eventually won their suit, although that did not change the devastation upon their lives."
The play's theme resonated enough with the public that it was made into a hit movie in 1961 starring Audrey Hepburn. It still gets revived in college productions and regional theaters regularly to this day.
Google news search reveals three productions were done in the last few months alone: at Adrian College in Michigan, at the University of Findlay in Ohio, and at Harborough Theatre, in Leicestershire, UK.
And, on top of that, Arthur Miller's "The Crucible" centers on this, but since I've been bringing it up on every thread, I'll leave it at that...but see the play if you ever get the chance.
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| 04-11-2015 08:02 AM |
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Tytalus
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RE: Man Accused of False Rape sues investigator who botched case
(04-11-2015 08:02 AM)Days of Broken Arrows Wrote: "McGill University education Prof. Jon Bradley said..."As a society, we have a history of not believing kids, but I think this shows that maybe we’ve swung back a little too far the other way."
What the hell is he talking about? The accusations of "children," specifically girls, have been believed and have ruined lives for a long time. The whole idea of women "not being believed" and "not being listened to" is deliberate disinformation by feminists.
As far back as the 1930s, this was a topic being seriously discussed -- so much so that it became the focus of one of the era's most important plays, "The Children's Hour," by Lillian Hellman. From Wikipedia:
"The Children's Hour is a 1934 stage play written by Lillian Hellman. It is a drama set in an all-girls boarding school run by two women, Karen Wright and Martha Dobie. An angry student, Mary Tilford, runs away from the school and to avoid being sent back she tells her grandmother that the two headmistresses are having a lesbian affair. The accusation proceeds to destroy the women's careers, relationships and lives."
Also from Wikipedia on the play's origins:
"Hellman's play was inspired by the 1809 true story of two Scottish school teachers whose lives were destroyed when one of their students accused them of engaging in a lesbian relationship, but in the Scottish case, they eventually won their suit, although that did not change the devastation upon their lives."
The play's theme resonated enough with the public that it was made into a hit movie in 1961 starring Audrey Hepburn. It still gets revived in college productions and regional theaters regularly to this day.
Google news search reveals three productions were done in the last few months alone: at Adrian College in Michigan, at the University of Findlay in Ohio, and at Harborough Theatre, in Leicestershire, UK.
And, on top of that, Arthur Miller's "The Crucible" centers on this, but since I've been bringing it up on every thread, I'll leave it at that...but see the play if you ever get the chance.
Interesting point - I believe the reference to "not believing kids" was technically, in a court of law, a child's testimony held no official legal weight. However, what you're pointing out is that despite that legal tenant, people in the community would still believe children.
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| 04-11-2015 10:03 AM |
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Other Barry
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RE: Man Accused of False Rape sues investigator who botched case
Hi Akula, I hear what you're saying and I'm not suggesting it will happen overnight, but the more that false accusations are exposed, the more likely that people of influence will start to pay attention.
We must understand that the media - which is generally held as the voice of the people - in that they parade what sells, ultimately give society what they want to hear. As more cases of false accusations are exposed, the more likely it is that certain truths will seep through to mainstream thought. A heavy belief that I think is deeply flawed in the manosphere is that the media blindly follows so-called leftist views. This isn't actually the case. The mainstream media publishes what sells. No more, no less. It publishes largely feminist views *today*, because that is what makes them money. But as feminist ideology slowly unravels, so too does the media swing towards what will get the most clicks.
Take, for instance, the wage gap myth. It was only a few years ago that it was accepted as gospel, however we are beginning to see this lie slowly unravelling as people close to the mainstream media have begun picking up on it. It's only a matter of time before that lie is well and truly debunked within society in general. As it is with the wage gap myth, so it will be with false rape accusations.
(This post was last modified: 04-11-2015 11:29 AM by Other Barry.)
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| 04-11-2015 11:27 AM |
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