The news story below this comment is for the good people in Virginia.
Please know, proud Virginians, that your civil servants in the state's Attorney General's office are fighting for you! They are putting their best and brightest minds to work to keep a boy from clearing his name from a sex offender registry after his accuser admitted he didn't rape her.
This, of course, is an entirely prudent use of precious taxpayer resources to protect Virginia's fragile young women from boys who don't rape. After all, rapists or not, they are still boys.
Why stop there? Why not force the creature to live thousands of feet away from schools, libraries, bus stops and every other place where Virginia's precious, beloved children congregate (otherwise known as "civilization") and exile him to live with real sex offenders and lunatics in the forest or under a highway overpass -- where he will almost certainly become the victim of the very act his false accuser admits he did not do.
Ha ha! That will tame his natural male predatory instincts! After all, Virginia's daughters will only be safe when Virginia's sons have been beaten down and emasculated.
State gets more time to answer recant suit
The Virginia Attorney General's office has been given an extension of its deadline for responding to a civil suit filed by a former Aquia Harbour teen currently on the state sex offender registry for a rape his accuser says didn't happen.
The boy, who is now 18, sued the state Department of Juvenile Justice in an effort to clear his name of his convictions and get his name off the public registry.
The attorney general's office is representing the Department of Juvenile Justice and has until Nov. 4 to file its response in Stafford Circuit Court. The lawsuit was filed Aug. 18, and a response was originally due last Friday. The boy's attorneys agreed to the delay that was requested by the attorney general's office.
--Pamela Gould
Link: http://fredericksburg.com/News/FLS/2009/092009/09292009/497041
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23 comments:
Because she's only credible when she's lying on the stand about being raped.
What possible reason could they have for need of an extension?
Because when I put someone on my sex offender list that's, as you well know, written in all capital letters in red ink that just can't be erased on a whim or some one's recantation. I have to call in a specialist to even see if it's possible in the first place. And then there are fee's involved and let's not forget asking the person who wrote it if it's ok with them. Oh the insanity of the process. Would that you lowly mortals could even conceive the trials and tribulations involved in such a thing. But alas, your mind is much to fragile for such a thing.
The registry is sacrosanct, not to be tampered except according to the registry's process.
And if that procedure destroys the life of an innocent teen -- hell, he's just a male so . . . who really cares?
There are a lot of strong trees around Monticello useful for hanging these despots. Jefferson would approve.
I don't see any fem-trolls posting here. C'mon, tell us why we are all liars and how there is no such thing as false rape victimization.
The Creation of a False Allegation
Nothing incites the fury and anger of any community like the discovery of a reported child molester in the neighborhood. Unfortunately no charge is easier to make against an innocent person and more difficult to disprove. The word of a child, whether mistaken, coached, or the result of a deliberate lie, is all that it takes to ruin lives.
Various independent facts can easily give rise to an innocent person being falsely accused of child sexual abuse. Certain situations and circumstances have cultivated false accusations against the innocent, for example:
* False allegations have been made by spouses, and former spouses in a divorce or custody battle to seek legal leverage and gain the upper hand.
* Teen age children have alleged abuse to get the disciplinarian father or family member out of the house.
* School age children will fabricate abuse after observing “Good Touch, Bad Touch” type films at school.
* Children know more about sex than our society is willing to recognize. They are bombarded with sexual overtones through the movies, magazines and advertisements.
* Some children make false allegations for attention.
* False Allegations are often made by emotionally disturbed adolescents with a specific agenda to hurt someone.
* Some children make false allegations after hearing about real sexual abuses that have occurred to friends or classmates.
* Sometimes a false allegation is made by a young child who does not understand the gravity and consequences of their words.
Often questionable remarks by children are misinterpreted by frantic family members and evolve into allegations by over zealous social workers. Once an allegation is made the child savers begin building a case against the accused. They do not evaluate the factual basis for the allegation or conduct a thourough investigation. Rather, they are convinced the child was abused, you are the abuser, and your fate is sealed. Due to the elimination of the accused’s fundamental constitutional rights, the mentality of the “child savers”, and the Child Saving Industry’s dependence on victims and perptrators, our prison’s are full of innocent persons.
Whatever the reason behind the allegation the law firm of Stuckle & Ferguson are here to uncover the truth and open the eyes of a system, which would rather keep them them shut. We have many years of experience in demonstrating these ulterior motives and bringing justice to those falsely accused.
The Recipe For Conviction:
1. “Outcry” from a child, interpreted as abuse;
2. Reporting of the outcry by a person required by law to report any suspicion of child abuse, or someone with a hidden agenda or motive;
3. A biased investigation by employees of the child saving industry;
4. A biased medical report by a “nurse” contracted by the child saving industry;
5. Syndrome evidence from an “expert” witness;
6. Circumstantial evidence of the accused’s opportunity to be alone with the child.
7. Motive or other variables leading to an accusation.
Sgt. Mom-
(http://paulstuckle.com)
Changing the Rules to Convict
The Court of Criminal Appeals may have outdone themselves. Really.
Trumping itself in terms of stupid opinions is difficult, but they pulled off the feat in Taylor v. State, 268 SW 3d 571 (10/2008).
This case allows the State to introduce a litany of on going hearsay from a therapist regarding the alleged victim child ( and adult) of an alleged sexual assault. Essentially, if the “victim’s” and therapists sessions are pertinent to ongoing treatment, then everything the alleged victim says to the therapist is admissible hearsay.
If the state is clever enough they can put ”victims” in therapy immediately after an outcry and have months and years of testimony from a therapist all under the guise of treatment for post traumatic stress disorder or some other malady.
The Court instructed the prosecution how it can, by laying a little foundation, allow a THERAPIST to give hearsay testimony concerning what the “victim” has said in an “ON GOING COURSE OF TREATMENT” and such blatant hearsay is admissible as a declaration for medical diagnosis and treatment.
In a long poorly written convoluted opinion the Court came up with this gem:
“We disagree with the Austin Court, however, to the extent that it has held that such a self-interested motive ( presumption behind medical diagnosis and treatment hearsay exception that a patient will be truthful due to patient’s self interest in receiving necessary medical care) ‘ is no longer present once a diagnosis has been made and treatment has begun. This is too categorical. It is inconsistent with the plain language of the rule, which admits hearsay made for the purpose of “diagnosis or treatment”, not “diagnosis or determining a course of treatment,” or “diagnosis or devising a treatment plan.” Moreover, the motive for self-preservation that fuels the hearsay exception does not necessarily extinguish once a course of treatment has been determined and has commenced. The effectiveness of on - going treatment, and especially mental health treatment, we have no doubt, will at least sometimes depend, in some particulars, upon the patient’s veracity. When that is the case, and so long as the patient can be made to understand that dependency, there is little reason to question his motive to be truthful in the interest of improving his own mental health.”
The Court of Criminal Appeals, in other words, cannot conceive of even the possibility that a child, teenager, or adult, would lie, embellish, or exaggerate an allegation of sexual assault. The Court does not even entertain the idea that what the “victim”-patient informs the therapist could be false, based upon suggestiveness or coaching from adults, be motivated for personal gain, or any other possibility. It has to be true because the “victim”- patient is seeing the therapist for their own mental health well being. Certainly not to assist the state build its case and provide corroborative evidence to bolster the complainant’s credibility.
Further, the Court does not question the therapist’s rendition of years of patient hearsay. Were these sessions recorded? Highly unlikely. Are there extensive notes? Perhaps. When were those notes written? Simultaneously with the session? Post session? What about the therapist’s self interest in remaining on the child advocacy centers list to receive appointments?
None of these issues is even a consideration.
and one last thought ---
The Elimination of Constitutional Rights
Prosecutors and the child saving industry have convinced the legislature that merely creating hysteria is not enough to insure conviction for those accused. In addition, rights originally created in our constitution to protect the criminal defendants must be eliminated.
The Rules to Have Changed to Secure Convictions
All across our nation, state legislatures have supported child advocacy special interest groups. The following illustrates how constitutional rights have been taken away in child sexual assault trials:
No Right to Confront Your Accuser:
Criminal law codes have been rewritten to where in many cases, the child accuser does not have to appear in court and face the accused. Instead, the state can offer the child’s testimony through a video tape made by agents of the prosecution.
“Hearsay Evidence”:
Hearsay is defined as “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” (Tex. Rules. Evid. 803 (2)). In Layman’s terms, “Hearsay” evidence is when a witness testifies about something they do not personally know, but were told by someone else. Hearsay is considered unreliable and is normally inadmissible as evidence against an accused. In child abuse cases however, hearsay evidence is admitted as evidence of guilt. A so called “outcry” witness can testify as to what a child supposedly said to them regarding the alleged abuse.
“Syndrome Evidence” Is Admissible Against the Accused:
In most states, the prosecution can have an expert witness testify that the child is suffering from “Child Sexual Abuse Accommodation Syndrome”(CSAAS). This psychological “mumble jumble” is an unscientific theory of supposed traits of abused children. The psychologist who came up with this syndrome many years ago has since indicated that this theory is not reliable evidence in a court of law. Prosecutors do not care! This junk science makes its appearance in courtrooms across the country daily.
With Syndrome Evidence, the State Replaces Its Lack of Real Proof with Speculation.
CSAAS theorizes that because an alleged victim is supposedly demonstrating certain behavioral patterns that he/she must have actually been abused. Unfortunately, a big problem with this and other syndromes is that the character traits offered to show abuse are also common for non-abused children. If the child has been crying, he/she must have been abused. If the child has nightmares, he/she must have been abused. If the child is withdrawn, he/she must have been abused. If the child is outgoing, he/she must have been abused. If the child is happy around the accused, its because the child enjoyed the abuse. The list of factors goes on forever. But to a jury, when an expert witness is connecting typical childhood behavior with indicators of abuse, the testimony is extremely damaging to the falsely accused.
cont....
Convictions Without Physical Evidence:
Our prisons are full of persons who have been convicted of child molestation without any physical evidence ever introduced against them at trial. In other words, the typical evidence in which the state offers to convict a defendant, such as body fluids, blood, semen, hair, DNA, are not introduced at trial to link the accused to a crime.
Medical nurses and employees whose livelihoods depend upon their contracts with child advocacy centers will give opinions that a child was abused. Failure to give the right opinion will mean the contract is not renewed. These opinions from medical “experts” will say the findings are “consistent with” sexual abuse. Of course, “consistent with” is not a true medical diagnosis. This testimony, as demonstrated by a competent defense attorney will reveal the findings given as “consistent with abuse” are just as “inconsistent with abuse”.
Prosecutors Secure Convictions by Manipulating the Juries’ Fear of
Releasing a Child Molester Back Into the Community.
Instead of physical and medical evidence, the falsely accused are convicted upon theories, inferences, and speculation. Prosecutors secure convictions by manipulating the juries fear of releasing a child molester back into the community. This fear will be combined with hearsay, expert witness “syndrome evidence”, misleading medical testimony, and the biased opinions of child advocacy investigators.
To support this speculation, a biased child protective services caseworker will produce a video taped interview of the child. This biased interviewer will use leading, suggestive, and coached questions to easily obtain an “admission” from a child. Many times the child does not make a statement that abuse occurred, but merely agrees with the adult authority figure who informs the child of the abuse.
After an outcry, it is easy to find witnesses who can place the accused in circumstances in which he was alone with the alleged victim.
The system is not on your side.
( http://paulstuckle.com)
iam in nc,my son was convicted of rape ,with just she said /he said,and new medical findings child still hymen intact md said a woman can give birth and still have hymen intact.ss worker helped 12 yr old make story more believeable with things not on tape at trial.
My son was accused in WA state. Same thing.
I have heard of people having 6 toes, or a pine tree growing in their lungs, so I don't doubt some woman somewhere had an intact hymen after birthing 6 kids.
I just don't believe it's such a common occurrence it doesn't require further evidence.
When I was growing up, MDs assured us that a hymen was so fragile it rarely survived childhood activities such as horseback riding or bicycle accidents.
Now days they are veritable trampolines - rip stop and bullet proof.
I found a case with many of the same elements as my son's - intact hymen, rape shielded prior false accusations,prosecutorial misconduct...David Dutt, of Idaho.
The sex offender registry is the legendary Roach Motel -
You can never check out.
My son is eligible for deregistraton as a juvenile.
Do I spend the quoted $4,000 - $10,000 to petition the court so he no longer has to register?
When the Adam Walsh Act becomes law in our state EVERYONE, of any age or accusation will be forced to register anyway -
Will that money be refunded?
Of course not. The money will buy him one or two years of freedom, at best, unless our country becomes too bankrupt to feed that monster.
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