Posted on 09/07/2023 2:19:40 PM PDT by Jonty30
Meanwhile a black carjacker can maim a victim and get off with a few months.
Isn’t there a statute of limitations on these types of crimes?
Prior to January 1, 2017, the California statute of limiotations for sex crimes was ten (10) years. There is no statute of limitations for any offense committed on or after January 1, 2017 which offense "is punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money."
How such an offense committed twenty (20) years ago escapes the prior ten (10) year statute of limitations—dunno. Maybe because the DA is George Gascon? Maybe there is a hidden exception somewhere.
https://law.justia.com/codes/california/2022/code-pen/part-2/title-3/chapter-2/section-799/
Universal Citation: CA Penal Code § 799 (2022)799. (a) Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time.
(b) (1) Prosecution for a felony offense described in paragraph (1), (2), (3), (4), (6), or (7) of subdivision (a) of Section 261, paragraph (1), (2), (3), (4), or (5) of subdivision (a) of former Section 262, Section 264.1, paragraph (2) or (3) of subdivision (c) of, or subdivision (d), (f), (g), (i), or (k) of, Section 286, paragraph (2) or (3) of subdivision (c) of, or subdivision (d), (f), (g), (i), or (k) of, Section 287 or former Section 288a, subdivision (a) of Section 288 involving substantial sexual conduct as defined in subdivision (b) of Section 1203.066, subdivision (b) of Section 288, Section 288.5, or subdivision (a), (b), (d), (e), or (g) of Section 289 may be commenced at any time.
(2) This subdivision applies to crimes that were committed on or after January 1, 2017, and to crimes for which the statute of limitations that was in effect prior to January 1, 2017, has not run as of January 1, 2017.
(c) This section applies when the defendant was a minor at the time of the commission of the offense and the prosecuting attorney could have petitioned the court for a fitness hearing pursuant to Section 707 of the Welfare and Institutions Code.
(Amended by Stats. 2021, Ch. 626, Sec. 38. (AB 1171) Effective January 1, 2022.)
If it happened as a minor, the victim has until they are forty years old to lay a complaint. That’s probably what happened. The women were under 18 at the time of the assault.
https://www.eonline.com/news/1350935/the-most-shocking-revelations-from-danny-mastersons-rape-trial
What happened after Jen B. reported Danny Masterson to police?[...]
She said she subsequently signed a nondisclosure agreement, which included her being paid $400,000 over the course of a year.
[...]
Did Jen B. change her story over the years?
On cross-examination, Jen acknowledged not telling police "the whole truth" in 2004, but maintained that whatever she did tell them she believed to be true.
Questioned about initially telling police her 2002 sexual encounter with Masterson was consensual, she said it wasn't until 2018 that she came to the conclusion that it was something that maybe she wouldn't call rape but rather, as defense attorney Cohen put it, "something in the middle."
Jen B is 48 now and met him 24 years ago. So she would have been 24 when they met. The alleged incident happened in 2002, 21 years ago, so she would have been about 27 at that time.
I don't know why the cops would refuse to investigate such a serious crime.
If the report is well after the alleged event, there is no physical evidence, there is only her word. If nobody in her community will talk to the investigators, there is not much to investigate.
Even if she recalls the exact date, time and place, she was there voluntarily. Stuff like the following greatly complicates any prosecution.
https://www.eonline.com/news/1350935/the-most-shocking-revelations-from-danny-mastersons-rape-trial
The Most Shocking Revelations From Danny Masterson's First Rape Trial
Following weeks of graphic testimony & a peek into Scientology's inner world, Danny Masterson's first trial ended with a deadlocked jury. After being retried, he was convicted of two counts of rape.
By Natalie Finn
E Online
Sep 07, 2023 4:45 PM
She [Christina B.] and Masterson broke up in March 2002, the DA continued, but still saw each other occasionally and had consensual sex on two occasions. She ultimately reported him to police in 2016 at the encouragement of her husband—who, after hearing his wife recount her experience, told her that what happened was rape.
https://okmagazine.com/p/danny-masterson-rape-allegations-woman-n-trout-raped-twice-boundaries/
Woman Claims Danny Masterson Raped Her Twice Despite Setting Boundaries Before Going To His House
OK Magazine
At preliminary hearing
"You went over to Danny Masterson’s house knowing full well you would be taking your clothes off, right?" his attorney Thomas Mesereau asked the woman on Thursday, May 20. "No," the woman responded firmly.Mesereau had played a recording where the woman, who is known only as N. Trout, told police that Masterson texted her to come to his house, take her clothes off and get into his hot tub one night in 2003.
[...]
According to Trout, as soon as he took her to the backyard, he allegedly told her to take her clothes off and get into the hot tub. "Take them off. If you don’t do it, I’m going to do it. Get them off," she claimed he said, and obliged because she didn't want any violence.
https://opoyi.com/entertainment/who-is-niesha-trout-danny-mastersons-rape-victim/
Niesha Trout identified herself on X/Twitter.
https://www.imdb.com/name/nm0873795/
Actress.
That’s crazy
I agree. They were working for the evil side, and I sometimes wonder if this is what prompted Barry Sheck to try to make amends with the Universe by starting the innocence project.
Of course it could just be the defense attorney wanting to see criminals go free, but I am trying to impart a benign motive to him for doing this.
A lot of innocent men have been freed as a result of his work, and I also consider this large number of exonerations as more proof that our court system is fundamentally flawed.
You should not be able to *PROVE* someone committed a crime, when they actually did not commit the crime.
Apparently people on these juries don't understand what "proof" is, and neither does the judge or prosecution.
It is impossible to prove someone committed a crime when they did not actually commit the crime.
A claim of drugging is no more proof than a claim of raping, unless it is supported by some other evidence.
It might be good for an appeal and mistrial.
I would think so.
I read your link. Didn't see a lot in there that I would regard as "evidence", but I saw some.
A photograph of her with bruises on her bottom was supposedly delivered to the police. If the timeline of that could be established in relation to the alleged rape, that is some evidence. Also she supposedly told witnesses at the time it happened. If they can corroborate that, that is some evidence.
She said she subsequently signed a nondisclosure agreement, which included her being paid $400,000 over the course of a year.
Taking the money doesn't make me think highly of her character. In reading her story, it looked like she was having trouble making up her mind as to whether or not it was rape.
Questioned about initially telling police her 2002 sexual encounter with Masterson was consensual, she said it wasn't until 2018 that she came to the conclusion that it was something that maybe she wouldn't call rape but rather, as defense attorney Cohen put it, "something in the middle."
Yes, it reminds me of Christine Blasey Ford.
Even if she recalls the exact date, time and place, she was there voluntarily. Stuff like the following greatly complicates any prosecution.
Yup. My thinking is also that a traumatized person would be immediately seeking justice. This delay in reporting a crime implies that the person upon whom it was committed does not take it as seriously as they would think the rest of us need to take it.
She [Christina B.] and Masterson broke up in March 2002, the DA continued, but still saw each other occasionally and had consensual sex on two occasions. She ultimately reported him to police in 2016 at the encouragement of her husband—who, after hearing his wife recount her experience, told her that what happened was rape.
Yeah, this smells.
This whole affair doesn't smell right to me.
It might surprise the deacon wing here (or not)
But some women like to be swatted or even tied up etc
I was more the I’ll give u a couple stingy swats maybe if you like but a bruising frat hazing lay in
Then I’m not your guy
Women can be crazy especially those who feel guilt or shame for loving sex too much
It’s like they like pain as punishment for being too randy….a vestige of excessive chaste indoctrination
(Course now young women are worse than boys sexual proclivity wise)
Masterson id wager sure falls into freak
And may very well be a rapist
But 30 calendars for this scant evidence twenty years later and acquaintance rape is to me very excessive and political
I’ve never understood force or persuasion sex
I prefer the gal ache for me same as me here
Coerced or just obligatory motivated then I can just wait
They were working for the evil side, and I sometimes wonder if this is what prompted Barry Sheck to try to make amends with the Universe by starting the innocence project.
Do some basic research. Scheck and Neufeld founded The Innocence Project in 1992 at Cardozo Law School. The O.J. trial was in 1995. The O.J. trial is what made The Innocence Project well known.
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