The Spouse
“It felt like a home invasion. I was terrified beyond explanation. Confused, scared and shaking, I couldn’t help but think that I was married to the BTK.”
These are the thoughts and emotions that went through Sarah’s mind as 8-10 police officers served a search and arrest warrant on her husband, Jim, at their home.
“Based on what they were saying, they acted as if he was guilty of what he was accused of, and that I didn’t know him at all,” said Sarah. “There was never a call for him to come in and answer questions, they just showed up with the arrest and search warrants.”
“On top of everything else, they took all of the things I use for my online business, my computers and cameras, as well as my backups and software. Those computers have my editing software on them, and I can’t afford to purchase them again.”
Sarah and her husband live in a small community, and have had the support of the majority of the people who live in the area. Their pastor mentions his name at every service, and has visited Jim in jail. Neighbors stop by several times a week to check on Sarah and to help with any heavy chores if she needs it.
“I am very blessed that the community believes in us.”
“I’m sure there are those who believe he is guilty, but the community has been very supportive.”
As we have seen on the numerous articles we have run here, there are always those who believe that “where there’s smoke, there’s fire.” However, our judicial system is based on the maxim that you are “innocent until proven guilty.” It is only in the area of sexually-based crimes and domestic violence that we have abandoned this principle and, in the court of last resort -- the court of public opinion -- have placed the burden of proof on the accused instead of the accuser. This MUST be changed.
Sarah’s words say more than we ever hope to say about this false rape culture:
“I think our justice system is corrupt. They do not care about the truth, only a conviction. I will never feel the same way about a police officer, sheriff, or anyone in law enforcement.”
Update: In an email, after this was set to run, bail was reduced, and the falsely accused is out of jail and at home.
Update: In an email, after this was set to run, bail was reduced, and the falsely accused is out of jail and at home.
29 comments:
Excellent post, Steve.
The amazing thing is that we hear from loved ones of the falsely accused all the time -- we can't usually print their stories because we respect the privacy of the writer -- but the vast majority are women. Specifically mothers and wives. They are as outraged and as dumbfounded as the men are that a false rape claim has been lodged against a man or boy they know is innocent.
We need to stop looking at this crime as affecting only men. Indirectly, but often in terrible ways, women are often affected, too. We need to start encouraging women to stand up more publicly to chastise their sisters who make false claims, and their sisters who foment false rape claims with their immoral indifference to the plight of the falsely accused.
Yeah, the "all our (work) computers were seized" line rings a bell.
Also worth pointing out, by definition, everyone posting here is an adult.
The voices of the children involved are not heard. All they know is daddy ain't around any more, because he is either in prison awaiting trial, or out of prison but legally barred from seeing them.
I have sent *all* my paperwork to date to Pierce, warts and all.
I bought a new computer, because frankly managing one of these cases without one is impossible.
Then I installed Desktop Search from http://www.copernic.com/
Initially because it made it really handy to search through the growing pile of electronic documents.
But, then I stumbled across something, a realisation, if you will.
You have been accused of rape, right?
So naturally enough when you type in any of the buzzwords such as "domestic violence" your desktop search finds oodles of instances in the documents used to support the accusations...
But what happens if you type in the key words, not buzzwords, key words, that a genuine victim would use?
What happens when you type in words like "punch", or "bruise", or "pain", or "awful", or "slap", or "forced"?
Chances are, if it is a false accusation, due to the way the brain works when telling lies, you won't get any hits at all.
----------------------
Bottom line here, because this wasn't meant as a promo for a piece of software.
Bottom line is FORGET WHAT YOUR ACCUSER IS SAYING, treat her like a politician, and pay attention to WHAT SHE DOES NOT SAY.
Obviously I only have one set of accusations to trawl through, I do not have for example a set of documents from a genuine rape accusation.
However, this single point was one of the most telling and which made the largest impression upon me (and my legal team) because a liar is after all telling a story that is a work of fiction.
The motto here is you absolutely MUST be using, and to the max, the technology that is out there, in your favour.
Nobody else will sit down and do this shit, not even your legal team.
Your legal team will however love you for it, and all the other work you put in, in your defence.
Buy the fucking laptop, scanner and printer, it is more use than your car or furniture, then use it to its *maximum* potential.
Obviously I can't go into details because my case is ongoing, but I cannot over-estimate the benefit of doing it all electronically, and I cannot over state the vast extra benefits that analysing that growing pool of data with a desktop search engine will give you.
Remember, there is no such animal as a "mistake" in an affidavit, it is a legal document, it is evidence, if one affidavit says x happened on 3rd May 2007 and another says 3rd April 2007 right there you found a nugget of gold for your defence team.
enjoy
"We need to stop looking at this crime as affecting only men. Indirectly, but often in terrible ways, women are often affected, too."
Couldn't have put it better myself. Imagine having a loved one wrenched away from you, accused of depraved acts you know are untrue, and facing life imprisonment - all so somebody else can gain financially, or get 'revenge'. The feeling must be absolutely sickening. And that is indeed what the mothers, sisters, daughters, wives and girlfriends of falsely accused men go through. We have to encourage women to speak up against false accusations. Women must know that they can be active against this too.
Anon 8:34
I would love to know more of specifics of what you are searching for to help prove your innocence. We don't have the statements from the accuser yet just a statement that was on the search warrant.
We were told, from the defense attorney, that even though we can prove his innocense on the day she said this happened, that that did not matter. We were told the prosecution would just change the date until we could not remember where he was that day and then say the crime happened on that day.
Thank you Steve for posting this story.
CBGirl
"We were told, from the defense attorney, that even though we can prove his innocense on the day she said this happened, that that did not matter. We were told the prosecution would just change the date until we could not remember where he was that day and then say the crime happened on that day."
I don't understand how anyone can sleep at night after fabricating statements to send an innocent person to jail. I really don't.
I would love to know more of specifics of what you are searching for to help prove your innocence. We don't have the statements from the accuser yet just a statement that was on the search warrant.
You just look for key words that are either absent or incredibly rare in their affidavits.
Victims don't talk like feminist activists, victims talk about shame, pain, being punched or kicked, being powerless, feelings of guilt.
Liars talk in buzzwords gleaned from google research on the subject.
We were told, from the defense attorney, that even though we can prove his innocense on the day she said this happened, that that did not matter. We were told the prosecution would just change the date until we could not remember where he was that day and then say the crime happened on that day.
SACK YOUR DEFENCE ATTORNEY!
TODAY!
He is obviously criminally negligent and clueless.
That paragraph is describing perjury, the prosecution witness lying, EVEN ONCE, on oath, is enough to cause "reasonable doubt" in the minds of the jury.
Any defence attorney worth his salt would rip the shit out of the prosecution, how many days, exactly, in the last ten years (3650 days) did my client rape you?
How many times were you raped? The 21st or the 28th? Or both? Or are you just a liar?
How come you can't remember what day you were raped? You expect the jury to believe this vile and violent traumatic event that you CLAIM you suffered at the hands of my client is no more memorable than what you eat for dinner last week?
etc etc etc
Seriously, sack your loser defence attorney... otherwise your son will have to sit there and keep his mouth shut while his defence attorney sends him to joliet.
Anonymous to CBGirl - "SACK YOUR DEFENCE ATTORNEY!"
I would second this. When formal charges are files against someone, those charges must specify where and when a crime is alleged to have happened.
Now, it does happen that dates are entered incorrectly. When this happens, a prosecutor must appear before the court to amend the charges, and they must explain why they are doing so. It becomes part of the official court record for that case, and cannot be hidden from jurors via rape shield laws.
If your husband is charged with a crime said to have occurred on one date - for which it turns out your husband has an alibi, and the prosecutor, after being informed of that alibi, seeks to amend the charges to reflect a different day; not only is that something that any decent defense attorney can challenge (and potentially have the case thrown out do to the appearance of potential prosecutorial misconduct – the judge would certainly demand to know what the evidenceary basis for the change was, especially in light of the fact that it was occurring after learning of the alibi for the originally charged date. Failure to do this would open the door for the case being overturned on appeal later on); but it would also be hugely advantageous (to put before the jury) should it eventually go to trial.
I can tell you from direct knowledge that prosecutors dread having to amend charges because the wrong time, date, or location (even a mistyped address, for instance), because they know that the defense is going to be able to “make hay” with the fact that the wrong information was used in filing charges (suggesting that the evidence used to substantiate the charge was weak and/or inconclusive to begin with).
Yes.
"The Legal System" is like a different universe with different physical laws, this is a huge shock to people who find themselves thrown into it for the first time.
However, the "Legal Universe" does have physical laws, and everyone inhabiting that legal universe HAS to obey them, to the letter.
Often it can seem that your lawyer is doing or saying insane things, from your perspective in THIS universe, but the absolute WORST thing you can do is throw up your hands and say "hell, I don't even know how this universe works."
In the Legal Universe, it is not your lawyers job to explain that universe to you, nor is it his job to gather evidence to prove your case.
in the Legal Universe, his job is to make the best job he can, with what YOU hand him.
A ---FUCKING HUGE--- part of what you hand him is your attitude, a lawyer is no different to a cosmetic surgeon in this case, do you want a thousand dollar breast enhancement, or do you want the best breast enhancement.
If you can't AFFORD the best, what makes you think the walmart surgeon is going to do a better job than the taxidermist?
You think the walmart guy is maybe saint theresa, he *could* be making millions, but he chooses to work for fuck all for charity.
Bad plumbers, bad electricians, bad car mechanics, bad surgeons, and of course bad lawyers, there is no shortage of them and they all have the same excuses.
They are all also a lot more expensive in the long run than the "cheap" ones.
In the Legal Universe, in my case, I am an unpaid office dogsbody, doing ALL the grunt work, then presenting the clear, concise, organised synopsis to my expert lawyer.
In the Legal Universe, good lawyers do not say, or write, anything not essential to the case, and able to be quoted in Court.
What they will do is say to you, verbally, "this is excellent" etc.
You, the falsely accused, are not just THE resident expert in your case, you are also more than likely the resident expert on your false rape accuser.
If you don't want any of that expert knowledge to get into court, just sit back and let your crap lawyer do all the work.
NOTA BENE
If you are the sort to sit back and let the lawyer do all the work, a good lawyer won't touch you with a bargepole, because in the Legal Universe you look like a witness for the prosecution.
HTH etc
AfOR
FU to myself.
The important point here is that a highly motivated and pro-active client is doing most of the work, which means the lawyer does not bill for those hours, which means you end up with two choices.
Say you have a US$20k budget.
Option 1
100 hours with a $200 an hour lawyer
Option 2
10 hours with a $2,000 an hour lawyer
Guess which one will be most effective in Court...
AfOR
I should also say this.
Let's say you are falsely accused of rape.
Let's say you are not a media celebutard with bottomless pockets.
Two options.
If you get convicted, every cent you spent, plus every cent you could ever spend in the future, is pissed away.
If you get acquitted, every cent you spent was worth it, even if you come out owing a million bucks and have zero income and no home.
Option 2 opens the door to pro-bono damages lawsuits against those who tried to falsely convict you.
Either they can pay up, or they spend the rest of their lives in poverty paying off monthly installments.
You can declare yourself bankrupt and walk away from your debts.
The person you just sued into lifetime poverty can not.
bottom line.
Fuck it, you are free. Any price is worth that.
AfOR
Thank you Steve for posting this story.
Believe me, the pleasure is mine. It is this kind of thing that needs to be out in the public eye, as much as possible. Stories from the falsely accused, their families and friends. Since the "rape industry" has made the issue so highly emotional and politicized, that it will require the stories on the other end, FRA's, to counter that.
I would once again like to extend the invitation to any of our readers, those Falsely Accused, family and friends, that we would be willing and able to run your stories, if you would allow us to. If you are so inclined, please, email us at the address on the home page.
Thank you.
Another sad story, another terrifying event, and my heart breaks each time I am read about the long reaching tentacles of a false rape accusation. I know the feeling all too well, it never truly goes away. Archivist is right, mothers, sister, aunts, grandmothers and wives need to be involved, need to be active and mostly need to stand up and say “this is enough.” Believe me that once you get over most of the disbelief, shame and humiliation that is thrust upon you in the beginning, you can stand up, be strong and fight against this injustice. These types of false claims tear at the very fabric of the family unit; they are an assault on our morals, values and those we love. Be strong, do something say something; don’t hide, not just for your family but for everyone that has been a victim of this atrocity.
Excellent story. Very eye opening indeed.
You know, reading about men's rights issues more often than not just pisses me off. It almost seems hopeless. Why is that?
The men's rights movement isn't like the women's rights movement or the civil rights movement. The women's rights movement was bought into by the vast majority of women and many men. The civil rights movement was bought into by the vast majority of African Americans and many whites, etc.
The men's rights movement? Very few men OR women buy into it. Not only are we attacked by the very group we are trying to help but we also get very little support from any potential allies (women).
If it weren't for the Internet men would still be nowhere at all in this battle, because we would have an incredibly hard time finding anyone to share our stories and ideas with. I don't have the luxury of banding together with most other men I know because they scoff at the idea that men are the under-privileged class. And I don't have the luxury of seeking help from most women I know because they too scoff at the idea. And most people who hear about men's rights will label me a misogynist and discount what I have to say.
How are we to feel when we have so few allies and it seems like hardly anyone cares? How are we to succeed?
Slowly, I guess.
I feel like Jay's comment needs to be enshrined somewhere. The civilized world treats any talk of men's rights as a taboo -- that is how ingrained the radical feminism is in our collective subconscious.
I've never been the type to make a decision without analyzing it semi-thoroughly (I'm a software engineer, though), so it struck me as odd that false rapes were the epidemic they are; given that most law enforcement personnel are men, they should easily be able to imagine themselves as a victim of false rape.
What would a feminist say if I was seen posting this comment, I wonder?
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Jay M. Hammers said...
You know, reading about men's rights issues more often than not just pisses me off. It almost seems hopeless. Why is that?
The men's rights movement isn't like the women's rights movement or the civil rights movement. The women's rights movement was bought into by the vast majority of women and many men. The civil rights movement was bought into by the vast majority of African Americans and many whites, etc.
The men's rights movement? Very few men OR women buy into it. Not only are we attacked by the very group we are trying to help but we also get very little support from any potential allies (women).
If it weren't for the Internet men would still be nowhere at all in this battle, because we would have an incredibly hard time finding anyone to share our stories and ideas with. I don't have the luxury of banding together with most other men I know because they scoff at the idea that men are the under-privileged class. And I don't have the luxury of seeking help from most women I know because they too scoff at the idea. And most people who hear about men's rights will label me a misogynist and discount what I have to say.
How are we to feel when we have so few allies and it seems like hardly anyone cares? How are we to succeed?
Slowly, I guess.
Dec 11, 2009 10:22:00 PM
http://www.mensreality.com/index.html
Anonymous said...
A very first step in the mens/boys/fathers rights movement would be to get around the "Media Lace curtain"..which the internet is doing.
Dec 12, 2009 1:20:00 AM
True. There is also the lace curtain in politics.
IMHO, men and women who are sick of all of the antimaleism, nedd to do as feminsits do; network both using the internet and network socially. Has anyone here ever visited the counter feminist website or any other men's rights sites?
Thank you Steve for writing this. You are correct, many times the families and loved one's of the falsely accused are ignored or forgotten about all together. More must be done to make their voices heard.
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"The men's rights movement isn't like the women's rights movement or the civil rights movement. The women's rights movement was bought into by the vast majority of women and many men. The civil rights movement was bought into by the vast majority of African Americans and many whites, etc."
Not initially, they weren't.
Give it time. The tide is already changing in our favour.
How can we call ourselves a modern society when any woman can ruin any man's life on a whim, without repercussion?
http://jayhammers.blogspot.com/2009/12/men-should-live-in-fear-not-women.html
From Melbourne just recently...
Farah Jama, wrongly convicted of rape, walks free after prosecutors admit there may not have even been a crime
Farah Jama was just 20 when he was accused of raping a woman found unconscious in a locked toilet cubicle in 2006.
He was acquitted today after prosecutors admitted there might not have even been a crime.
...
She had never complained of sexual assault and could not recall the evening.
...
Yippee. Not even a complaint of rape but this young man went to prison nonetheless.
This is in my state. I'll will be hounding my MPs to ensure he sees significant compensation.
Anonymous said...
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The company incorporates an offshore structure with advanced asset management technologies in production and delivery of pipes for oil and gas.
It is based in Panama with affiliates everywhere: In USA, Canada, Cyprus.
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Dec 12, 2009 3:52:00 AM
Excuse me, would you mind not spamming this site. We are having a ver serious discussion here?
very*
gwallen,
We started talking about only having the word of the individual being used to convict someone of rape, on another thread. If she never even complained about a sexual assault/rape, how did law enforcement come to that conclusion, and then pick Farah out to be the person who supposedly committed the crime? There needs to be a serious investigation of the police and prosecutor in that case, and if found, misconduct charges, false imprisonment, kidnapping, etc. charges levied. That is despicable.
It is set to run. Thank you for the heads up.
sorry, that should be gwallan, not gwallen.
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