H1N1
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RE: Lost the criminal lawsuit - now files a civil one
(11-28-2015 03:15 AM)TheMaleBrain Wrote: In Israel there is no jury, just a judge or 3 of them.
This happened 4 years ago. So why is she suing now? Why not 3 years ago?
(11-26-2015 11:34 AM)H1N1 Wrote: To put it another way, if you had a sister, and she came home and gave you this story, that a bloke she worked for forced himself on her and that she recognised the futility of the struggle and submitted through shock and horror, would you still be saying 'fame-seeking, gold-digging whore'? I think plenty of people on this board need to make up their minds whether they want women to be sweet, gentle, feminine and submissive or rational, unemotional, physically capable pseudo-men, because those goalposts just seem to keep moving. If you want the former, why would you expect her to do anything else in the moment than submit and feel horror at the violation of her sanctity?
Like I say, she may be lying, or she may be telling the truth, but noone other than those two know, and sometimes the bloke really is the arsehole.
N1H1
If it was my sister, and there was no evidence whatsoever (physical) - because when it is rape there is actual evidence, I would tell her to go to counseling and support her. She may experience "rape" but if it cannot be proven then why not pick up the pieces and move on with your life? Should you dwell in it for years?
Your dichotomy of women is wrong. I cannot tell women what to do. However, I can point out contradictions in their behavior. The same way society "shames" me into "manning up" or doing whatever it is I'm doing to give myself a good life.
As per your final point - WRONG!
She went to the police. The police investigated the hell out of it, and no charges were pressed due to "LACK of GUILT". We all read how the establishment goes after men. The guy maybe an arsehole. But that has nothing to do with rape charge - which can ruin his life.
In criminal law there is an important principle:
Innocent until proven guilty. You just assumed that it is OK to go after someone, even though the system "decided" that he is innocent. Oh, and it just happened that he is a celebrity.
Full disclosure - I studied law, and 'minored' if that is the right term, in criminal law and the law of evidence.
Perhaps she is suing now because the case took several years to go through the courts (I can't read Hebrew so I am forced to work with your summary), perhaps she receieved bad advice to just 'move on' and was not informed that she may have recourse to a civil claim against him. Perhaps she tried to move on and couldn't and the injustice of the decision ate away at her until she had to go back and try to get some sort of recognition that the event actually happened. 3 years is not a very long time. I don't know if you've every experienced a rape trial, but the woman can be dragged through the mud pretty ruthlessly by a prosecutor. In a crime like rape, where, contrary to your assertion, there is often precious little evidence unless the woman goes straight to the police, rather than, say, crying in the shower, the case can be pretty much a question of which party seems more credible. Simply bolding 'there is actual evidence' does not make it any true that if you were to stamp your feet and shout that it must be the case.
As for 'why not pick up the pieces and move on' 'why dwell on it', I agree, as a man, that that is a rational, masculine approach to a humiliation. However, at this point I would have to quote you back at yourself, paraphrased, and say that to expect women to behave as rational males in the face of extreme trauma suggests that perhaps it is you who has failed to understand the true nature of women.
If that is how you would handle the rape of a trusted, honest family member, then perhaps that more than anything is indicative of the disconnect in our world views and conception of justice.
As for the last, patronising, 'WRONG!' 'In criminal law...', thanks, but again, you are simply ignorant of the nature of these offenses. 'The police investigated the shit out of it'. Oh right, you mean they may have checked her vag (again, perhaps after a shower and sleepless night) and saw she had had sex recently, without signs of a struggle, and asked the alleged rapist whether he did it or not, and he said 'no'. Where do you go from there? It sounds like you learned everything you know about police investigation and the criminal law from Inspector Cleuso. One on one crimes are almost impossible to convict on, unless some aspect of the crime is so suspicious as to prima facie suggest a crime must have taken place. Again, I am not suggesting the guy is guilty, merely that the nature of police investigation, judicial process, disparity in financial resources giving access to good legal advice etc etc, makes it perfectly reasonable that she should act as she has done.
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