Friday, September 2, 2011
Breaking News: College Found Liable for Expelling Male Student for Rape, But Jury Awards Minimal Damages
Story here: http://www.chron.com/news/article/Jury-awards-student-50K-in-campus-rape-case-2152250.php and here: http://timesfreepress.com/news/2011/sep/02/jury-awards-50000-john-doe-sewanee-lawsuit/
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29 comments:
Thanks Archivist for keeping us up with this case. It seems like colleges that ruin young mens lives over false rape accusations, will inevitably have to pay a cost.
I am glad that a young man stood up for himself.
I would like to see him get 5.5 million though.
Possibly the most chilling part of the Labeed Nouri case (posted a couple of days ago) is this:
"After the verdict, Dr. Nouri's defense counsel asked jurors how they thought Dr. Nouri could have been dictating over the phone at the same time his accuser claimed he had been assaulting her. Jurors said that since they couldn't reconcile the time line, they chose to disregard it. "They said they then just decided to go by their gut," said Dr. Nouri's defense counsel."
Faced with evidence which suggested that there was serious doubt about the accusation, they ignored it and relied upon 'he must have done it, he looks like a rapist'.
If this can happen in a criminal court which requires proof beyond all reasonable doubt, it does not take any imagination to think what might happen in the highly politicised college environment requiring only preponderance of evidence and involving rape counsellors who have never come across a rape accusation they didn't believe.
If someone is accused of rape by someone they have simply not had sex with and they don't have a watertight alibi for the time it is alleged to have happened, all they can say is that they did not do it. This sounds very weak compared with a lurid account of rape, even if it is completely made up.
How much did the Duke LAX boys get from their university when the campus gender-Raunch community attacked them over a false rape accusation??
What ever became of the Duke 88??
The jury found the college liable, but was it based on a technicality? I'm asking this question because the girl dropped out of school after the alleged rape without pursuing criminal charges. Before dropping out, did she go through a panel of peers or what? Wondering what defense the college used for expelling him.
Also, the amount he received for damages is almost insulting, so maybe the dollar amount was based on his reputation?
"so maybe the dollar amount was based on his reputation?"
He's male. Males are bad. All males are bad.
What would YOUR dollar amount be, based on YOUR reputation?
Don't know. But if the damages were based on the breach of contract, then he wouldn't get pain and suffering or, likely, punitive damages. the goal of contract law is to put the non-breaching party in the position he would have been in had there been no breach. My guess is that the damages represent tuition he paid, but I'll try to find out.
*How much did the Duke LAX boys get from their university when the campus gender-Raunch community attacked them over a false rape accusation??*
____________________
It's none of your business or mine. The boys settled with Duke U. for an undisclosed amount.
Stop asking stupid questions.
The damages in the Sewanee case were based on negligence of the school, but the jury assigned fault to both parties to some degree (slightly more to the school). The judge limited the case so that it was not supposed to be about the rape allegation, but it is clear from the verdict that the jury assumed his guilt for the rape. It's almost impossible for a male student to clear himself once the school finds against him, and particularly if the judge won't allow him to present his side of the rape story. Good for him for taking it as far as he did.
The law enforcement in my case also used semantics games and protocol perversions to re-define what the meaning of is, is, in order to spin the misinformation that she did not "Really" make a "False Rape accusation" against me, when in fact she did.
American law enforcement have been told to use semantics games and protocol perversions to hide from the public the now "Culture of false rape accusations" from the public.
I believe these protocol perversions and semantics games are not only enabling a now "Culture of false rape accusations" its unconstitutional.
These "Campus pervert courts" are unconstitutional.
I was just reading an article from the UK, and they said the proliferation of false rape accusations is what is fueling the dreadfully low Rape conviction rates.
If there were not so many false rape accusations being made to law enforcement, their conviction rates would improve dramatically.
For the Duke Lacrosse Rape Hoax, the numbers floating around were $22 million - $30 million.
This was disclosed inadvertently by administrators, speaking unofficially but seemingly genuine.
Yes, it does seem "Non-linear" when gender-feminist organizations complain that law enforcement "rape conviction rates" are embarrassingly low; while at the same time trying to hide the fact that its the amount of "false rape accusations" that are keeping conviction rates so embarrassingly low.
Karen on that link commented that the judge would not allow the guy to prove his innocence.
Folks..this is unconstitutional, and this court needs to shutter its doors!!
Archivist said...
Don't know. But if the damages were based on the breach of contract, then he wouldn't get pain and suffering or, likely, punitive damages. the goal of contract law is to put the non-breaching party in the position he would have been in had there been no breach. My guess is that the damages represent tuition he paid, but I'll try to find out.
Sep 2, 2011 3:36:00 PM
Archivist please do so. BTW; what contract did this young man agree to?
Anonymous said...
*How much did the Duke LAX boys get from their university when the campus gender-Raunch community attacked them over a false rape accusation??*
____________________
It's none of your business or mine. The boys settled with Duke U. for an undisclosed amount.
Stop asking stupid questions.
Sep 2, 2011 7:51:00 PM
Why are you being mean? Anonymous did not ask a stupid question. Anonymous asked a question that IS very important. Can you answer the question without shaming Anonymous?
The more recent news reports now say the jury rejected the contract claim and awarded damages based on negligence.
The contract issue typically is whether the school's handbook has contractual significance. I don't know exactly what the contract theory was in this case.
I could expect no less from a jury that has been ,apparently indoctrinated by feminist influence for most if not all of their lives.
What has happened to Americas courts where a sitting US judge will actively take steps to refuse a guy falsely accused of rape from equitably defending himself.
It's none of your business or mine. The boys settled with Duke U. for an undisclosed amount.
Stop asking stupid questions.
I concurr - this is not a "stupid" question - it's a question asked by someone who may someday need the answer for himself - hence the secretiveness about it.
If Michael Jackson had not paid off his first false accuser, the subsequent false accusers would not have been attracted to him.
Whenever I hear there is a "gag order" reached for these settlements, I ALWAYS presume the offended party went away happy and the offender wants to keep it quiet what they are "worth" should they screw up again.
I didn't assume the jury was "sending a message" about the guy's reputation so much as sending a message that men, even wronged ones, aren't entitled to large settlements.
The jury originally awarded the defendants $1.00 in the Wenatchee witch hunt fiasco as a "message" they aren't going to punish cops, prosecutors and Judges no matter HOW badly they behave.
Anon said
I didn't assume the jury was "sending a message" about the guy's reputation so much as sending a message that men, even wronged ones, aren't entitled to large settlements.
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I think negligible damages were awarded in this case because the jurors considered the possibility that he was guilty of rape, although guilt or innocence of rape was not the issue.
If that were the "message", doubtless the jusy would have said as much.
"The jury of seven women and two men..."
Seriously? And we are wondering why he was treated as he was?
Seriously?
TMOTS
Not to get off topic here, But archivist, is there any place we can hear Mr Strauss's version of what happened?? do you know of any links??
Wenatchee Witch Hunt: Child Sex Abuse Trials In Douglas and Chelan Counties
Forty-three adults were arrested and accused of 29,726 counts of sexually abusing 60 children. Some were released. Eighteen pleaded guilty, mostly on the basis of signed confessions. Ten were convicted at trial. Three were acquitted. Eighteen went to prison.
Many witnesses and defendants later said they were pressured into making false confessions and accusations by caseworkers from the Washington State Department of Social and Health Services (DSHS) and by Wenatchee Police Department Lieutenant Bob Perez.
All who confessed later recanted. Some defendants said that when threatened with life imprisonment, they pled guilty to lesser charges. Some said they were told that if they confessed they wouldn’t go to jail but would be treated in the community. Many were told they would never see their children again unless they signed a confession. Those questioned also said they were told that their children wouldn’t be placed in foster care or put up for adoption if they signed confessions.
Child witnesses, mostly from 9 to 13 years old, were often taken from their families and placed in foster care. Many said later that they were subjected to hours of frightening grilling and if they didn’t believe they had been sexually abused, they were told they were “in denial” or had suppressed the memory of the abuse. They were also told that siblings and other children had witnessed their abuse, or that that their parents had already confessed. Children were told that if they agreed to accusations they wouldn’t be separated from parents or siblings. Many of the accused were poor, and some were developmentally disabled, and illiterate. These defendants mostly relied on public defenders. The few witnesses in the cases, a single mother and two young girls, later recanted in sworn court documents and before TV audiences. The young girls described how they were threatened and beaten, with one apparently suffering a broken arm, by police detective Bob Perez, who used acts of violence to coerce false accusations. One young woman described how she was kidnapped by Perez and locked up in a psychiatric facility, where a "recovered memory" therapist gave her mind-altering drugs in an attempt to get her to make false accusations against her parents. The ACLU later verified her account. None of the public officials who broke the law, tampered with witnesses and fabricated evidence in order to convict the innocent have been indicted. These mechanisms for the miscarriage of justice are in place in every city and town in the U.S. Will your community be next? But this time we will go after the men with False Rape Accusations to see how many will confess.
Arod, very important comment. many innocent young men are pleading guilty to lessor charges to rapes that never happened.
Folks may wander why i spend alot of time reading here...Its because the only reason im not in jail over a false rape accusation is because my false rape accuser simply could not keep her lies straight.
My accuser couldn't keep her story straight, either, but her variations were "accomodated" due to her "trauma".
You see people lining the streets and harasing Casey Anthony's parents because she was aquitted, but for the people who are falsely accused and wrogly convicted, there is nothing but silence and continued contempt.
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