Not only was Mr. Ginyard awarded a judgement of over $850K, he was also awarded custody of his children. With the knowledge of just how egregious an act is needed for custody to be taken from a custodial mother, this is a rather interesting turn.
A jury found that the attention put on Mr. Ginyard after his ex-wife falsely accused him of sexually abusing their children was worth $850K. This decision came more than a year after he was awarded custody of his two girls.
In 2005, Darryl and Amani Ginyard divorced, and entered into an agreement on custody where both parents would have equal time with the kids. Just two months into the arrangement, he was to be with the kids during Christmas, but the ex wanted the children with her. The next thing he knows, the police show up at his home, because the ex said that the children were in trouble and he was trying to take them out of town.
On Valentines day of the following year, Darryl had his oldest daughter while the ex had the youngest. It was after that visit that it was alleged that he had sexually abused his eldest daughter. Those charges were investigated and ruled unfounded. And knowing the "err on the side of caution" attitude, and what an allegation of sexual abuse of a child carries, this says something. Mr. Ginyard was accused seven more times over the next two years, with each accusation being ruled unfounded. Each time the questioning by police grew longer, and went from simple talks, to interrogations.
Custody was taken from him during these investigations, and after and allegation in 2006, he wasn't allowed to see his children for nine months. He missed another month and a half after an allegation in 2007.
To add insult to injury, in 2006, after the HR department at the bank he worked at was notified of a subpoena for child sexual assault, Ginyard was fired.
In all, there were eight allegations made between 2006 and 2008. The first made to a therapist that Amani took the girls to see. And it is mandatory to report sexual abuse of minors that therapists are told about. The kicker? It wasn't the girls who made the claim, it was the mother. The girls however, denied that any sexual abuse ever took place.
After a two day trial in 2010, Circuit Court Judge Paul F. Harris Jr. ruled the allegations false, and that the earlier custody agreement was to be reversed, and that Darryl would have primary custody. Amani was granted visitiation. The decision was upheld by the Court of Special Appeals.
Sadly, the damage that this has done to Mr. Ginyard, it telling. He has testified that the years of false allegations has damaged the relationship with he and his children, and that he is afraid to do simple things like hug or sit and snuggle with his girls while watching a movie. He doesn't let them spend much time in his room, and because of the way things have happened, he finds himself distancing himself from them, to try to keep himself from being in a situation that could cause another accusation.
Her attorney, Michael G. Morin, says Mr. Ginyard didn't suffer enough to get the money he was demanding, since his client didn't publicly accuse him, and makes the claim that there have been zero damage to Mr. Ginyard, except to his ego. According to Mr. Morin, being scared to hug your children is not considered damage.
The jury however, didn't agree. They awarded $2K in attorney's fees for malicious prosecution, $800K for the false accusations and attorney's fees, and $50K for punitive damages.
The hearing, according to his attorney, was his "one chance to come before a jury and tell his story and tell what the allegations of sexually abusing your two young daughters do to you," Lorraine Lawrence-Whittaker said. "She dragged him through the mud."
The wife maintains that she was simply stating her worries about sexual abuse, saying that it was based on what her daughters were telling her and their emotional behavior was during those times.
Link: http://www.hometownannapolis.com/news/top/2011/07/14-50/Falsely-accused-man-awarded-852K.html?ne=1
Subscribe to:
Post Comments (Atom)
Posts
12 comments:
BOYCOTT AMERICAN WOMEN
Why American men should boycott American women
http://boycottamericanwomen.blogspot.com
I am an American man, and I have decided to boycott American women. In a nutshell, American women are the most likely to cheat on you, to divorce you, to get fat, to steal half of your money in the divorce courts, don’t know how to cook or clean, don’t want to have children, etc. Therefore, what intelligent man would want to get involved with American women?
American women are generally immature, selfish, extremely arrogant and self-centered, mentally unstable, irresponsible, and highly unchaste. The behavior of most American women is utterly disgusting, to say the least.
This blog is my attempt to explain why I feel American women are inferior to foreign women (non-American women), and why American men should boycott American women, and date/marry only foreign (non-American) women.
BOYCOTT AMERICAN WOMEN!
Are you a man who is interested in marrying indian women? Please visit Indian-Wife.com, India's 1st International Marriage Site:
http://www.indian-wife.com
it's just the start, if the legal system doesn't straighten itself out it will very soon bankrupt the government
and that, I believe, is when the most drastic changes will occur
No amount of money could ever undo the damage done to this man. The only appropriate thing to do is to have the ex-wife serve a minimum of 20 years in prison for her crimes and fraud.
Prosecutors don’t have the balls to take such action.
I totally agree josh, what we have now is "pork bloating for persecuting the innocent".
Manufactured statistics for federal dollars.
manufacturing matriarchy so lawyers can feed off the chaos.
Its definitely un-sustainable.
Arod99k - ”Prosecutors don’t have the balls to take such action.”
Perhaps. But, much more importantly, they don’t have the laws to do anything about it.
This may seem a subtle point to those who do not have more than a cursory understanding of the law, but it has very big ramifications.
The problem is that there aren’t laws available to prosecutors to charge anyone with falsely accusing someone else of anything. It simply isn’t a crime to do so, it is considered instead a tort (actionable in Civil Court, not Criminal Court).
[soapbox]
This is why I have been saying (repeatedly, even though it seems that no one is listening) that what we need are laws that not only recognize false allegations as felony crimes, but which also specifically identify the person who was falsely accused as the victim of that crime.
As it stands, no matter how badly the innocent person whose been falsely accused is actually harmed (short of criminal acts against him, of course), he is not considered the victim of the false report made against him to police – the police are the victims of that (typically, misdemeanor) crime. He, on the other hand is the victim of a tort – libel.
Unless and until this serious oversight in the law is addressed, there will simply be no way for prosecutors (even those with the balls to do so) to charge and prosecute false accusers for the (non-existent, legally speaking) crime of false accusation.
The angst felt by many who call for false accusers to be given sentence equivalent to what their victims faced is understandable, as is calling for serious prison time for those who cause great harm to others via a false accusation (or eight). Yet, the fact remains, neither police nor prosecutors have the power to make up laws as they see fit (in many ways, this is a very good thing). If you want to see false accusers do hard time, then you’re going to have to demand the laws be passed that will allow it to happen.[/soapbox]
Ironically, my state, Colorado, is one of a handful of state which actually still have a Criminal Libel Statute on the books, despite repeated attempts to remove it (the argument being that the civil remedies obviate the need for criminal sanctions) by people who obviously never bothered to read the accounts of men destroyed by false allegations.
That Colorado law hasn’t been used in nearly a century, and has a rather high threshold before it would be applicable. Essentially, it would require that someone knowingly disseminated false and inflammatory information via public channels (the print media at the time the law was enacted). Thus, since false accusers seldom publish their stories to the public directly, they would still be immune, and since the media outlets which do publish the information have no way of knowing it to be false, they are also immune.
This is why rather than trying to invoke such criminal libel laws against false accusers, we really need laws which specifically make false allegations of a felony crime also a felony crime, and which identify the person(s) falsely accused as the primary victims of that crime.
It's not enough. He should have been awarded MILLIONS.
To be falsely accused is the worst thing that can happen to you.
Anonymous - ”It's not enough. He should have been awarded MILLIONS.”
”Ginyard was seeking $13 million in damages from his ex-wife…”
Now, what exactly are his realistic chances of collecting even $825,000 from his ex-wife? The Jury could have award him the $13 million he sought, and he probably would ultimately get the same amount as he will from the award they did give him – some portion of the $852k, as his wife is able to pay it off.
At any rate, her ability to live well-off has been eliminated. She will have to get by on a minimal subsistence level in order to pay him what ever is legally deemed to be appropriate.
This is actually a serious punishment, in financial terms. Hopefully, it will be a warning to other women who now so often use such false allegations in custody battles.
Of course, many woman who make false allegations have little or no money, a few prospects of ever having much money. This is why I’d still like to see a felony-level criminal charge for false allegations which recognize the falsely accused as the crime victim.
I’ve mentioned it a few times already, but, when monetary/property damages can be shown to be the outcome of a criminal act, then the prosecutor can ask that restitution be made part of any adjudication of a criminal case. It won’t get the falsely accused millions, but it can provide a court order for restitution for actual damages in situations where they simply do not have the resources to go after it in civil court.
Mr Werner, its illegal to make false rape accusations, but gender-feminists have perverted American law enforcement to "Not charge".
And now there is "Pork dollar gains" for police jurisdiction that fallow the gender-feminist perversions.
S - ”Mr Werner, its illegal to make false rape accusations, but gender-feminists have perverted American law enforcement to "Not charge".
And now there is "Pork dollar gains" for police jurisdiction that fallow the gender-feminist perversions.”
Okay, find a law on the books that states making a false rape allegation is a crime, and prove men wrong.
Fact is, there aren’t any such laws. There are laws making it illegal to make a false report to police (typically a misdemeanor), and they are not uniformly employed, often due to the fact that there will be little punishment meted out (by a judge, following sentencing guidelines) set against the time and cost of bring a misdemeanor case to court (judges don’t exactly appreciate prosecutors clogging up their docket’s with what are seen as “meaningless” cases. They aren’t necessarily following the dictates of the SGI (although they are doing exactly what the SGI would want), but are typically just making what they see as logical choices.
Based on what we see in the UK, where there are actually felony-level charges which can be charged, it stands to reason that if prosecutors had more meaningful charges to file, they would be more likely to do so.
Still, it doesn’t matter that you lack the intellect to fully grasp what I’ve been saying, the reality remains that police and prosecutors can not charge people with non-existent laws.
S - ”what we have now is "pork bloating for persecuting the innocent".
Manufactured statistics for federal dollars.”
Once again there you go with your back-door white knighting.
A case wherein law enforcement did their jobs correctly and cleared the guy of 8 false accusations, and a Family Court Judge even gave him custody because of those false allegations, not to mention that he just won a large judgment against his ex-wife – and still all you can do is try to force-fit your illogical rant trying to blame LE instead of the woman.
Actually, blogger Pro-Male, Anti-Feminist Technology did a post this past weekend that touches on something which seems very similar to your Schtick:
Blame Anyone But A Western Woman
It is about another person who has a rationalization hamster similar to yours, who imagines larger conspiratorial efforts which have “brainwashed” woman, making them not responsible for their bad choices and behaviors.
Here’s an excerpt:
”…Norge concocted some silly grandiose conspiracy theory so he doesn’t have to blame women like any daughters he may have for their behavior. Norge has gone to great lengths to not admit that his daughter(s) are a part of the problem. By saying that his daughter(s) (or women in general) are brainwashed by some covert organization, he doesn’t have to hold women responsible for their actions.”
It’s a lot like your efforts to try to excuse women who make FRA’s by imagining that conspiracy between the SGI and LE that likewise brainwashes the poor wittle women into making FRA’s so that LE can make money.
Like that Norge character, you go all-out to try to find someone to take the blame instead of women who actually make FRA’s Hell, you cannot even manage a bad word for Amani Ginyard, now can you.
we can argue until yer blue in the face, but making a false rape accusation is illegal, but the gender-raunch community who "Empower" themselves off persecuting the innocent, have perverted American law enforcement into "not charging".
S - ”we can argue until yer blue in the face, but making a false rape accusation is illegal…”
In most cases, it is simply a misdemeanor – and it’s considered to be a crime committed against the state/law enforcement. Seriously, look up your states statute regarding false reports (It’s right here, all you have to do is click. And it gives you access to the entire MA Criminal Code, which is searchable, up in the upper right hand corner. A search on “rape” gives 197 results – not one of them having anything to do with the false reporting there of.).
This should be fairly easy to understand, so I cannot imagine why you are struggling so much to comprehend it – law enforcement can only charge based on existing statutes. If there isn’t a law on the books, even for something that most reasonable people believe should be a crime (false rape reporting), they cannot charge anyone for doing so. They can ONLY charge them with making a false police report.
”but the gender-raunch community who "Empower" themselves off persecuting the innocent, have perverted American law enforcement into "not charging".”
This is the line you keep fronting, even when the issue is about your virtual “pussy pass” for women who make FRA’s.
You see, that’s my real issue with you. You ARE white-knighting for those women, whether or not you have the intellectual honesty to admit it to yourself or (obviously) not.
In so many cases, as in the story above, there is no one else to blame but the woman who made multiple false allegations – and got into a great deal of trouble for having done so.
But, true female-pedastalizing* white-knight that you are, you simply cannot bear the idea of her shouldering the blame alone. Thus, you do what you ALWAYS do, and try to refocus the discussion onto how pervert law enforcement are really to blame.
Yes, it a way for you to place blame on men for the choices woman make – just like so many of your fellow Churchians do.
Just once, I’d like to read a comment from you that place blame (any blame at all) on the woman who has made a false allegation. But, you’ve never done that. You always try to turn the blame onto the men in uniform. Remarkably, you even do it when they’ve discovered the FRA, and even when the woman has been charge. Hell, you’ve even done it when the storys were about women being sent to prison for having done so. You never blame them, just law enforcement.
Sadly/ironically/pathetically, you’ve even given the women who accused you a pussy pass, and have stated that you only blame the police.
I’ve never been able to understand the rational behind this. Do you believe she loves you, that she cares about you, and what might happen to you? If you do, snap out of it! She accused you because she didn’t give a shit about you!
Now, stop white-knighting for these woman.
* Pedastalizing women includes considering them to be unable to make moral choices, and being only at the mercy of evil men/patriarchs/law enforcement who seduce and manipulate them, such as what you do.
Post a Comment