Posted on 04/20/2006 6:54:31 AM PDT by mlc9852
The victim, a single mom who turned to exotic dancing to support her two kids, attends North Carolina Central University, a mostly black college in Durham.
She plans to keep a low profile until the students go on trial to avoid inflaming tensions in the black community, where opinion is running heavily against the privileged students.
One of the most hurtful things for the woman about the media circus surrounding the case, the cousin said, is the tendency to assume the worst about her because she is a stripper.
"She's a victim and she's a human being," the cousin said. "Her occupation couldn't justify that a crime like this was committed."
(Excerpt) Read more at nydailynews.com ...
even oj lost in civil court.
isn't civil court a no-holds barred type of court? Nothing can be excluded as evidence? Prior history can be brought in?
Good points - I mentioned something along these lines the other day. I doubt very seriously that a SANE nurse would ever perform an examination and say that there was no evidence of sexual abuse. The most she would say is that it was inconclusive.
The points about the person being biased because activists would tend to pursue that line of work are very valid as well. That's like having Jesse Jackson in charge of identifying racial discrimination.
If it were legal, it would be interesting for a woman to claim that she was raped and see if the nurse would automatically concur.
I still have my doubts that those sort of examinations are even scientifically valid for all but the most extreme cases.
There's not much to be gained in criminal court though and a huge amount to be gained in civil court. Also, the burden of proof is much lower in civil court.
Thanks for your kind wishes. Likewise for you.
I think they were all so confident that nothing happened and that's why they all submitted DNA samples. I'm not sure they should have done this, although it definitely is just another reason in a list of thousands why I don't think this "rape" happened.
Sue the DA? I think his employer is the City of Durham.
Wouldn't any civil proceeding be in Durham? No way the players would win in that community.
That's why the players would sue in US District Court. see post 994
He'd be great at selling cars.
I could be off base but I tend to think a lot of these SANE nurses are probably raging feminists who will ALWAYS heavily sympethize with the alleged victims. Most times I am sure they need tremendous sympathy, but not always.
Not sure if venue changes are possible in civil cases but I agree that the players are dead meat in any trial in Durham.
I think this will have a devastating effect on Duke's athletics. Duke is now seen as being a school where the athletes are the enemy of a large part of the student body and of the town.
I see the lacrosse program being disbanded for at least a few years. Football recruiting will also suffer - not the Duke is a traditional powerhouse anyway.
Unless a player just has a real attraction to Duke, I don't see them being able to attract athletes in baseball or other sports either.
Thank you for so clearly explaining this. And laying it out.
I finally see what you are saying--thanks. She would be able to withstand the scrutiny in civil court if there was the possibility/probability of a payout.
That's why the DA went to the grand jury. It protects him and the city of durham from "false arrest". Eventhough everyone knows that a grand jury will indict a ham sandwich. You really can't sue them if the grand jury feels like there is a case there.
But the accuser would sue in Durham. I know her case is obviously shakey, but it probably appears airtight to the worked up mob in Durham.
It was Bubba's escape clause when he left office....That he couldn't be tried in a civil court after he left offices for any offenses which occurred during his Presidency.
This afternoon Catherine Crier was discussing when the rape was reported. I guess it's still in question who drove the AV to the hospital and at the hospital the AV was uncooperative, did a lot of "screaming." Maybe that's SANE nurse description of "behavior consistenet with a traumatic experience" as stated in the probable cause affidavit.
The players would have any state court action removed to federal court very easily because of the civil rights claims.
What a coward. Clever, but a cheap coward. Wouldn't even look at the evidence.
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