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Ghostlight
Sep 25, 2009

maybe for one second you can pause; try to step into another person's perspective, and understand that a watermelon is cursing me



Sadly that's actually just a standard rape defense tactics. See also:

quote:

Defence witnesses told the court of interactions they had seen between the defendant and both of the complainants during the period of the alleged abuse.

All said they had seen nothing untoward and had been there when one of the girls had requested massages.

She had earlier told the court the man forced her into the allegedly compromising situations.

Mr Fairley said the contradiction was imperative in casting doubt on the Crown case, and the jury agreed.

quote:

COMPLAINANT #1 (Suppressed)
"I asked for a back massage and then he started rubbing down by my bum and I felt like scared because I didn't ask him to rub down there."

The contradiction between witnesses seeing her ask for a back massage and one complainant's account including asking for a back massage disprove that the defendant ever put her in a compromising situation.



Like, this is obviously not the summation of evidence the jury has dealt with, but you win a sexual assault defense by gaslighting the gently caress out of the complainants until they get something wrong or admit that at some point in the past there was a consensuality to their interactions which therefore is evidence against their complaints because obviously any rational person would immediately remove themselves from being in an uncomfortable position with a person who holds power, either directly or indirectly, over them by dint of their personal relationship or position in the community. Such an argument makes perfect sense to someone who has not been molested.

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kaiwero
Aug 22, 2006
Stuff has really embraced the click bait style headlines even for serious and grim stories:

"Man left steaming after boiling water tipped over head by colleague GRAPHIC CONTENT"

Making a joke over a serious assault that could leave someone disfigured??

Red_Museum
Apr 17, 2011

Shredded Hen
90% of the gifts MPs record in the register of pecuniary interests are sports tickets but Nikki Kaye lucked out

quote:

Hon Nikki Kaye (National, Auckland Central)
Cat Jungle Gym – The Pallet Kingdom

Comrade Blyatlov
Aug 4, 2007


should have picked four fingers





Ghostlight posted:

Sadly that's actually just a standard rape defense tactics. See also:



The contradiction between witnesses seeing her ask for a back massage and one complainant's account including asking for a back massage disprove that the defendant ever put her in a compromising situation.



Like, this is obviously not the summation of evidence the jury has dealt with, but you win a sexual assault defense by gaslighting the gently caress out of the complainants until they get something wrong or admit that at some point in the past there was a consensuality to their interactions which therefore is evidence against their complaints because obviously any rational person would immediately remove themselves from being in an uncomfortable position with a person who holds power, either directly or indirectly, over them by dint of their personal relationship or position in the community. Such an argument makes perfect sense to someone who has not been molested.
So he did it then?
I mean I have no stake in this either way just curious about what you think

Binkenstein
Jan 18, 2010

Two Finger posted:

So he did it then?
I mean I have no stake in this either way just curious about what you think

I think it's more a case of "This one situation means that the claims never happened".

A lot of the reasoning from the defense seems to go "Well they didn't appear like normal victims so it means they can't be". Throw in the fact that massages were asked for at least once means that the girls were asking for it, which is a common judgement by the older and more conservative/religious individuals in the population.

Taitale
Feb 19, 2011
This is very relevant.

http://www.stuff.co.nz/dominion-post/archive/national-news/338586/Courts-fail-child-sex-abuse-victims

quote:

* Though some jurors had accurate knowledge about sexual abuse of children, many believed common misconceptions. Ninety-two per cent of defence lawyers used these myths as the mainstay of their case, using claims that the child did not report the alleged offences straight away, or still had a close relationship with their abuser, or that they had retracted their allegation as proof they were lying.

Rest is good too.

Ghostlight
Sep 25, 2009

maybe for one second you can pause; try to step into another person's perspective, and understand that a watermelon is cursing me



As I said, I don't have access to the full range of evidence, but generally the problem with sexual abuse cases like this is that they are, by nature, generally a private crime; and as such, the quickest and easiest way to defend them regardless of the truth of the accusation is to simply hammer the complainants until that doubt is introduced through natural human error, whether through stress, waiting a year to get your case heard, or whatever. Personally, in the absence of an actual defense other than "how could he have abused her, these people saw nothing and one time she asked him to touch her but now she said he also bad touched her", I'm inclined to give the benefit of the doubt to the accuser simply because that doubt is so easy to produce in a courtroom at a time, and in front of people, far separated from the event in question. Traumatised people will get things just as wrong as liars, even more so when put under the stress of examination.

Based on the Herald story he seems to have been acquitted on the basis of a) victims wouldn't be near their abuser, which is patently false especially if he's in a position of authority over them even more so if that position is being related (I forget if that detail has been released); b) victims said he forced them into compromising positions but people saw them ask for a massage once, which is not actually an inconsistency because there's no mention of whether it was prior to the abuse; the reported abuse was over a period of time so if he was abusing them he must have been playing it off like it wouldn't happen again or giving them assurances he understood it was inappropriate; or they had no actual control over whether or not they were around him because they were employed or related, and they were just trying to push through the abuse hoping he would simply stop. Sexual predation is simply not as cut and dried as that. The predator is relying on the trust of their environment and the fear and shame of their prey to cover their activities, and if they get into court that exact same uncritical environment and lack of immediate action by the victim is entered as a priori evidence against the accusations.

Taitale
Feb 19, 2011

Ghostlight posted:

or they had no actual control over whether or not they were around him because they were employed or related

Considering the ages the abuse covered I'm going to rule out employment.

exmarx
Feb 18, 2012


The experience over the years
of nothing getting better
only worse.
What a disgrace

exmarx
Feb 18, 2012


The experience over the years
of nothing getting better
only worse.
If you're a cop and an MP, you can sexually assault your stepchildren and get away with it

Lobsterpillar
Feb 4, 2014

Ghostlight posted:

As I said, I don't have access to the full range of evidence, but generally the problem with sexual abuse cases like this is that they are, by nature, generally a private crime; and as such, the quickest and easiest way to defend them regardless of the truth of the accusation is to simply hammer the complainants until that doubt is introduced through natural human error, whether through stress, waiting a year to get your case heard, or whatever. Personally, in the absence of an actual defense other than "how could he have abused her, these people saw nothing and one time she asked him to touch her but now she said he also bad touched her", I'm inclined to give the benefit of the doubt to the accuser simply because that doubt is so easy to produce in a courtroom at a time, and in front of people, far separated from the event in question. Traumatised people will get things just as wrong as liars, even more so when put under the stress of examination.

Based on the Herald story he seems to have been acquitted on the basis of a) victims wouldn't be near their abuser, which is patently false especially if he's in a position of authority over them even more so if that position is being related (I forget if that detail has been released); b) victims said he forced them into compromising positions but people saw them ask for a massage once, which is not actually an inconsistency because there's no mention of whether it was prior to the abuse; the reported abuse was over a period of time so if he was abusing them he must have been playing it off like it wouldn't happen again or giving them assurances he understood it was inappropriate; or they had no actual control over whether or not they were around him because they were employed or related, and they were just trying to push through the abuse hoping he would simply stop. Sexual predation is simply not as cut and dried as that. The predator is relying on the trust of their environment and the fear and shame of their prey to cover their activities, and if they get into court that exact same uncritical environment and lack of immediate action by the victim is entered as a priori evidence against the accusations.


What's more is that the actual process of going through the trial can be very traumatic for the complainants, precisely because they get hammered by the defence attorneys like this.
I think the whole way we handle sexual abuse cases in court is way more punishing on the innocent party than the guilty (whether its the alleged abuser or the victim)

Kathleen
Feb 26, 2013

Grimey Drawer
that most people have a poor understanding of human behaviour is a big argument against the jury as an institution imo

voiceless anal fricative
May 6, 2007

Exclamation Marx posted:

If you're a cop and an MP, you can sexually assault your stepchildren and get away with it

and more so if your stephildren don't remember a traumatic event from two years ago completely accurately and consistently

Moongrave
Jun 19, 2004

Finally Living Rent Free

Exclamation Marx posted:

If you're a cop and an MP, you can sexually assault your stepchildren and get away with it

I'm pretty sure if you're an MP and also a cop you can literally get away with daylight murder of a child in a crowded mall.

Slavvy
Dec 11, 2012

focal ischemia posted:

that most people have a poor understanding of human behaviour is a big argument against the jury as an institution imo

Ditto democracy.

door.jar
Mar 17, 2010

BARONS CYBER SKULL posted:

I'm pretty sure if you're an MP or a cop you can literally get away with all kinds of sex crimes in New Zealand

Examples include John Key and 4/5 cops who raped Louise Nicholas.

Vulpes
Nov 13, 2002

Well, shit.

door.jar posted:

Examples include John Key and 4/5 cops who raped Louise Nicholas.

You guys are weirdly determined to paint pony-tail pulling as a sexually motivated crime.

Slavvy
Dec 11, 2012

Vulpes posted:

You guys are weirdly determined to paint pony-tail pulling as a sexually motivated crime.

Here we go...

ledge
Jun 10, 2003

Vulpes posted:

You guys are weirdly determined to paint pony-tail pulling as a sexually motivated crime.

You think Key would have pulled a male waiter's ponytail?

Ghostlight
Sep 25, 2009

maybe for one second you can pause; try to step into another person's perspective, and understand that a watermelon is cursing me



Ghostlight posted:

Here's a list of non-creepy non-perv non-molesting reasons an older man might repeatedly engage in pulling the ponytails of women of varying ages:

Ratios and Tendency
Apr 23, 2010

:swoon: MURALI :swoon:


Vulpes posted:

You guys are weirdly determined to paint pony-tail pulling as a sexually motivated crime.

A guy in a position of authority continuing to touch a woman for months after being asked to stop is sexual harassment. Hope that helps.

klen dool
May 7, 2007

Okay well me being wrong in some limited situations doesn't change my overall point.

Vulpes posted:

You guys are weirdly determined to paint pony-tail pulling as a sexually motivated crime.

It's not weird to describe the world accurately and without bias.

WarpedNaba
Feb 8, 2012

Being social makes me swell!
In addition to the salient points above, John's a fuckin' creep.

Wafflecopper
Nov 27, 2004

I am a mouth, and I must scream

WarpedNaba posted:

In addition to the salient points above, John's a fuckin' creep.

Pararoid
Dec 6, 2005

Te Waipounamu pride

Jacobin
Feb 1, 2013

by exmarx
Broadband is becoming a utility folks

Ratios and Tendency
Apr 23, 2010

:swoon: MURALI :swoon:


I used to read cheeseontoast all the time :eyepop:

http://thespinoff.co.nz/11-04-2016/i-will-come-forward/

Noxin of Shame
Jul 25, 2005

:allears: Our Dan :allears:

Yeah, reading that, and about that caretaker Robert Burrett (who had some of my highschool friends stay overnight at his house), and the whole Prominent New Zealander thing... it's been pretty grim.

Ghostlight
Sep 25, 2009

maybe for one second you can pause; try to step into another person's perspective, and understand that a watermelon is cursing me



Surprise not surprising.

Slavvy
Dec 11, 2012

article posted:

Later that night, Allison opened Facebook in a browser tab.

Riveting prose I must say.

voiceless anal fricative
May 6, 2007

It's actually a really good piece of writing and journalism tbh

Like it invokes just the right amount of nostalgia for those early internet days to realise how those women had that ruined for them by this pedo

Chalupa Joe
Mar 4, 2007
"Kids need to know the value of work" - The father of an art student, and a DJ.

Lobsterpillar
Feb 4, 2014

Chalupa Joe posted:

"Kids need to know the value of work" - The father of an art student, and a DJ.

Then clearly they do know the value of work: it is that it doesn't really matter if you have rich parents.

klen dool
May 7, 2007

Okay well me being wrong in some limited situations doesn't change my overall point.
Art is hard, if you are devoted. I've worked with abattoir workers who are lazier than my muso mates, farm workers who are lazier than my art school mates, and software engineers lazier than road workers.

Obviously the reverse applies as well, I've known some preeeeety lazy musos....

Slavvy
Dec 11, 2012

Chalupa Joe posted:

"Kids need to know the value of work" - The father of an art student, and a DJ.two horrible rich cunts.

Fixed. Occupation has no relevance.

klen dool
May 7, 2007

Okay well me being wrong in some limited situations doesn't change my overall point.
Also I am not so sure kids should necessarily have to become completely intimate with the value of work - why? What's the point? I am sure compared to ww2 vets, or people who workes 80 hour weeks for scrip back in the day we all sound like entitled whiney babies. As long as they can operate in the environment they find themselves who cares if they seem a little entitled.

Saying that the internet is a human right sounds entitled, but it makes for a better society.

WarpedNaba
Feb 8, 2012

Being social makes me swell!
I'm kinda thinking that "You're rich, that's like cheating at life!" is going to be a very vocal theme for the rest of the century.

edogawa rando
Mar 20, 2007

Being born rich is like the idkfa cheat code.

WarpedNaba
Feb 8, 2012

Being social makes me swell!
Given how I never hear about rich people getting mugged in the street or strung up from the lampposts, you might as well kick in iddqd.

Oh, and considering how they use the justice system, idnoclip.

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Slavvy
Dec 11, 2012

WarpedNaba posted:

I'm kinda thinking that "You're rich, that's like cheating at life!" is going to be a very vocal theme for the rest of the century.

Don't be #wealthist2025

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