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(Air Force) Woman Prosecuted After Rape
Womens Enews ^ | 08/11/07 | Lee and Moawad

Posted on 08/13/2007 7:13:07 AM PDT by flowerplough

Cassandra M. Hernandez, a female airman at the Pope Air Force Base near Fayetteville, N.C., faces court-martial after refusing to testify in her own rape trial, the Washington Post reported Aug. 8. Hernandez accused three male airmen of raping her in May, but then refused to testify because she said she felt pressured by the Air Force judicial process and intimidated by a defense attorney, who interviewed her without a victim's advocate present.

The three accused men received administrative punishments and criminal charges were dropped against them. The Air Force has given the men immunity to testify against Hernandez, who has now been charged with an indecent act and for neglect of duty for drinking alcohol while underage.

Following publicity about the case, the Air Force released a statement that said the investigation revealed inconsistencies in Hernandez's testimony, the Associated Press reported Aug. 9, an assertion that her attorney quickly denied.

(Excerpt) Read more at womensenews.org ...


TOPICS: Culture/Society; Government
KEYWORDS: airforce; hernandez; popeafb; rape
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To: opposite kenny

Why would I welcome you if you weren’t a recent arrival?


41 posted on 08/13/2007 9:22:10 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: ChiefKujo
Well, looks like we now ban folks for innocuous comments about the relative merits of our legal system.
42 posted on 08/13/2007 9:23:08 AM PDT by ChiefKujo
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To: dakine

Thanks, although I have been here a while. Where were you in 2002?


43 posted on 08/13/2007 9:23:59 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: All
For the record, the Duke Lacrosse boys deserve a smack up side the head, too, for putting themselves into the situation where that nappy headed stripper could falsely accuse them like she did.

Stupidity crosses a lines of gender and race.

44 posted on 08/13/2007 9:24:33 AM PDT by Turbo Pig (...to close with and destroy the enemy...)
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To: trisham

“Where were you in 2002?”

Planet Earth...


45 posted on 08/13/2007 9:24:56 AM PDT by dakine
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To: opposite kenny; trisham
"This account has been banned or suspended."
That didn't take long. LOL ...
46 posted on 08/13/2007 9:25:33 AM PDT by oh8eleven (RVN '67-'68)
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To: Wills Powers
Dear Wills Powers,

“So since you stand for equal justice why don’t you explain why MAJOR JILL METZGER has not been prosecuted.”

Why should I? I'm not the folks who would be responsible for her prosecution.

It appears that you signed up principally to push this, your pet cause. What did Jill Metzger ever do to you? Stand you up on a date?


sitetest

47 posted on 08/13/2007 9:26:16 AM PDT by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: sitetest
If she was truly raped, she truly has an obligation to herself and to other women to testify against her attackers. The process is difficult, and unfortunately, because those of us looking from the outside in can’t know a priori who is a real victim and who is a liar, the process must be adversarial, must protect the rights of the accused, and the charges must be sustained by evidence.

If she was truly raped, once having made formal allegations, she must continue through the process, or be compelled by the courts to do so.

************

Excellent post, sitetest.

48 posted on 08/13/2007 9:27:33 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Turbo Pig

Half the problem is that young girls don’t know what sex is. They think it’s a Maxim magazine spread, or a glamorous Playboy photoshoot done on the beach.

They find out (the hard way) that it’s more like a Hustler video filmed behind a dumpster.

“Buyer’s remorse” is putting it mildly.


49 posted on 08/13/2007 9:28:25 AM PDT by SteveMcKing
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To: sitetest

>>BECAUSE I have a close relative who was a victim of rape, I’m not keen on women who make false charges of rape.

I would hope not. It makes it harder for those of us who face the scrutiny and work to put the assailant away. It should also anger you when people do not take the crime of sexual assault seriously.

In the civilian court system, the assaulted person does not always testify during the criminal prosecution. During the criminal trial, the State, not the person making the complaint, is the Plaintiff. If the States Attorney feels he can win the case, he’ll put the case in front of the judge & call on the person making the complaint if it will be beneficial in the trial. The person making the complaint can sue for monetary damages during in civil court for things like analyst bills and so forth.

I would think the military court would follow similarly where the military gather evidence and then decide to prosecute the assailant.


50 posted on 08/13/2007 9:31:47 AM PDT by JenBrower (...government is not the solution to our problem; government is the problem. - Ronald Reagan)
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To: oh8eleven

There was no reason in this thread for banning this poster.

I hope this decision was not as arbitrary as it seems.


51 posted on 08/13/2007 9:32:36 AM PDT by ChiefKujo
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To: Turbo Pig
What bothers me is that your, and others, train of thought is basically, she said she was raped, so it's true, no need to go any further. Thank God our legal system doesn't work like that, despite the best efforts of some, or else I could think of at least three young men who would be sitting in jail on the false testimony of a drugged out stripper in North Carolina.

*************

Agreed. Unfortunately, there are those who believe that no one would falsely claim rape, and that therefore the standards for prosecution and conviction should be different than for other crimes. It is more of the same thinking that women are perennial victims of men. They are not, and it is typically the liberal philosophy that promotes it.

52 posted on 08/13/2007 9:34:21 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: ChiefKujo
I didn't ban the account.
Try the Moderator.
53 posted on 08/13/2007 9:36:23 AM PDT by oh8eleven (RVN '67-'68)
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To: oh8eleven
Roger.

Just used your screen name to post my frustration at what seems to be some arbitrary hair-triggered banning lately.

54 posted on 08/13/2007 9:40:16 AM PDT by ChiefKujo
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To: JenBrower
Dear JenBrower,

“In the civilian court system, the assaulted person does not always testify during the criminal prosecution.”

That’s true.

But if the prosecutors believe that it’s necessary for the accuser to testify, then the accuser must testify or face sanctions. That appears to be the case here. The article states specifically that she refused to testify.

That leads me to believe that she may well have lied about the facts of the case. If she did, I have no sympathy for her at all should she receive harsh punishment.


sitetest

55 posted on 08/13/2007 9:40:19 AM PDT by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: JenBrower
~~Walking away in disgust

Oddly enough, when an accuser later refuses to testify at the trial of her own supposed assailants, it usually means that she knows her testimony will be poked full of holes and shown to be fabricated. Truth stands in its own right, and vice versa.

56 posted on 08/13/2007 9:48:44 AM PDT by Titus Quinctius Cincinnatus (Fred Dalton Thompson - POTUS 44)
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To: Titus Quinctius Cincinnatus

I think we drove her away. She’s fixated on those ridiculous statistics like they mean anything. They’re crap.


57 posted on 08/13/2007 9:57:07 AM PDT by SteveMcKing
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To: JenBrower
One day, it will be your daughter, wife, graddaughter or YOU and we’ll see your tune change then!

however, it's best not to get into certain situations to begin with... i know many rapes are not because a woman got herself into an iffy situation... but many are--especially with young women... i know it doesn't mean it's not rape, but gosh... we do need to be careful about our choices... even if it's not the woman's fault, (and i'm talking about young women in general, not the person in this article... i know nothing about that situation) why take a chance at the possibility of being raped? to me, rape is just as bad a crime as murder...

58 posted on 08/13/2007 9:57:09 AM PDT by latina4dubya
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To: SteveMcKing

“They find out (the hard way) that it’s more like a Hustler video filmed behind a dumpster.”


Any writers reading this thread should steal that excellent line.


59 posted on 08/13/2007 9:58:03 AM PDT by ansel12 (Life is Exquisite, of Great Beauty Keenly Felt.)
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To: JenBrower

Perhaps a good reason women shouldn’t be in the military!


60 posted on 08/13/2007 9:58:18 AM PDT by LYSandra
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