Category Archives: Rape (Sexual Assault)

Man released after 4 years, false rape accusation

And yet another for the “collection.” :/

After 4 years of prison, Jonathan Montgomery is finally free.

In a bench trial, Montgomery was convicted of forcible sodomy, aggravated sexual battery and object sexual penetration.

He was sentenced to forty-five years with all but seven and a half years suspended.

17 year old Elisabeth Coast, in 2007 accused Jonathan Montgomery of taking advantage of her seven years earlier in 2000 when she was just 10 years old and Montgomery was 14.

http://wtkr.com/2012/11/09/attorney-generals-office-blocks-release-of-wrongfully-convicted-man/

 

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Admitted false rape accusation, 9 years in jail, accuser not charged

Cassandra Kennedy Admits Lying About Father Raping Her, Man Released From Prison After Nine Years

Same old same old. Merely adding another example to the heap that is currently on this blog. One day, I’ll tag them, and when people ask for evidence of false-rape accusations, I’ll have a ready-made link. And this does not count the many, many other examples that I have not linked to.

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Affirmative consent is merely Rape of the gaps

Based on a YouTube conversation…

Rape of the Gaps

 

 

Trigger warning: long as a train going into a tunnel…

“i am, indeed, a proponent of the idea that making consent a prerequisite before sex is a reasonable limitation on individuals during sexual interactions, as a matter of ethical conduct…”

Consent before sex, before eating, before work, before anything is the hallmark of a civilized society.

This, however, is not what Senate Bill No. 967 (the “Affirmative Consent Law”) proposes. I’m not sure that you’re familiar with the law (the bill, really) in question. Find it here for clarity’s sake, it’s a reasonably easy read: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB967

In short, the law states that if universities want government funding, that they must enact policies that use affirmative consent as a standard to determine whether or not a rape has been committed. It propose that lack of of constant affirmation thought-out sexual activity is sexual assault. It is not merely “Would like you like to make love to me?” once followed by a yes-or-no; it is the Rape of the Gaps argument: every interaction that is not demonstrated to have had expressed verbal consent is a form of sexual assault.

The problem is that in case someone comes forth, claiming to be a victim of rape, the university must in fact demand evidence of non-rape on the part of the accused, the proving of a negative, and from someone who more often than not is not given the ability to respond, who is denied due process rights in the disciplinary hearing.

Of course, the only means by which evidence of consistent consent can be presented is via video, which of course, requires the consent of both participants before hand-holding begins, and the willingess of the disciplinary committee to admit it.

But there’s more. The accusation of rape is of course retroactive to any supposed act, and this is what makes it so dangerous. In addition to the many institutional and cultural prejudices against men in universities, and the standard of preponderance of evidence (50.1% more likely than not) versus the “beyond a reasonable doubt” standard in a highly politicized arena makes it so dangerous to men’s careers, freedom and future that the law itself is an unjust law. It is not designed to prevent rape as much as it is to assuage a lobbying group.

One of the reasons that the law has been pushed was to meet the condition of where a woman does not express consent, for reasons ranging from immobilization by terror, to mere discomfort at saying “no.” It is a law, designed on the basis that women are victims, and have such a flimsy character that they cannot even squeak out a “no” because they “froze.”

I the past, a popular witch-detection method was to make the accused submit to The Lord’s Prayer Test, in which the person had to recite the Lord’s Prayer without making any mistakes. It was believed that only the innocent could recite it all the way through without error, as surely those possessed by the Devil could never manage to recite holy words. Unfortunately, words are insufficient, and video is either impossible, or just as subject to any interpretation as one might wish to make a case.

“but, that being said, i have a lot of problems with the idea of mandating or legislating the method a set of individuals uses to gain and assess that consent.”

/me nods.

“i agree with the spirit of the law, just not the letter. a well-meaning, poorly thought-out proposal by well-meaning, poorly thought-out people.”

If you don’t mind, I’d like to gently point out that what causes this conversation to arise is that you aren’t familiar with either the spirit or the letter of the given law. I absolutely believe that you have honourable and moral intentions and, I do agree with you firmly that sex is a matter of consenting adults. Both adulthood, and consent should be a prerequisite. Where I disagree with you is that those who have lobbied for this bill are well-meaning, or that they have not fully thought this out.

But I’m a cynic, that way.

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Real world effects of gynocentrism gone rampant

Again, false accusation of rape, the ruining of lives. The reason? Gynocentrism gone unchecked. Would this have happened to a woman were the roles reversed? I doubt it.

I congratulate Laura Wilson for coming forward to help Scott Espinoza. He spent 589 days in jail, and avoided a 35 year sentence but is forever branded a rapist because of a false rape allegation.

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An excellent case study on Feminist use of language to frame thoughts

Feminists are excellent at is controlling the mental framing of an argument. Notice that in every instance that Mike made a point, that she immediately changed the scope of the conversation. She does not announce “I am now changing the scope!” She does it entirely by presupposition, in a fluid manner. This is the tool that all skillful Feminists use, I would guess, 80% of the time. The benefits is that it seems conversationally “natural” and that to to stop the technique, one must get bogged down by refuting the presupposition, point by point, where as a response she need only apply the very same technique to the rebuttal. The only way to counter this that I’m aware of is to be able to simultaneously shift the frame again in such a way that her presuppositions are refuted, presuppositionally, and to grab the frame back and hold it.

This highlights, what I think is a difference in classical communication style between men and women. People who have “a masculine mindset” tend to all make the same error when dealing with such people: we reach for the explicit. But, like sex that does not need words, acceptance of ideas is often based on the non-verbal, and being explicit is actually counter-productive.

This particular debate about sexual consent on the BBC’s ‘The Big Questions’ provides a text-book example of both the arguments, techniques used. There are also two members, a man with short and white hair, and the woman sitting next to Mike Buchanan who simply nail it.

This video is worth keeping kept as a case-study.

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Man freed after 29 years in prison for rape he didn’t commit

And this is one more reason The Innocence Project has my admiration.

Raymond Tower was found innocent of a rape for which he was falsely accused, charged, convicted and suffered in prison for 29 years.

Thank you, members of The Innocence Project.

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Police Interview Footage Of Woman Who Wrongly Accused Man of Rape

A woman lies about an abduction, makes a false rape accusation, spends 35 days in jail and spends one month wearing an ankle tracker. The man, a year later, is still trying to pick up the pieces. She should have “false rape accuser” stamped on her file, and made public in a registry, much as we do for sex offenders.

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The sexual exploitation of boys

The sexual exploitation of boys. 1 in 6 men or boys you’ve met have likely been victims of sexual abuse, by either men, or women. Listen to Lynne MacDonell, therapist and leader of the group A Time for Men speak at University of Toronto on the subject of sexual abuse of men and boys. This is a simple, but fact-full talk, that everyone who considers themselves to be a fair person should listen to.This will probably be uncomfortable for many. That’s OK. Listen anyway. Some of you might not care. You’re the ones that should listen to it the most, if only to know that such things happen to men and boys too. If you sincerely believe in equality of the sexes, it’s time to stop seeing one sex as being exclusive perpetrators, and another, exclusively as victims.

This is one of the best talks I’ve heard in years. It is short, simple, and full of revealing observations.

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Tarred and feathered – public shaming

We learn about a litany of human debasement. Ever hear that false accusations are never made against men? Listen to the second story from 10:12 to 28:00 (18 minutes)

http://www.thisamericanlife.org/play_full.php?play=522

Gene Cooley had just suffered a huge tragedy, and he was trying to move on. But suddenly anonymous posters started saying horrible things about him on a website called Topix. The horrible things weren’t true. But that didn’t stop the people in Gene’s small town — a town of just 600 people — from believing them. (18 minutes)http://www.thisamericanlife.org/play_full.php?play=522

The problem with this kind of behaviour is not only that such accusations are made of anyone, but that people, accept such things. I’ve heard evo-psyche arguments for why people gossip, and while they may or may not be true, I can attest to the fact that gossip, and the believing of it (worse yet, the acting upon it) is not a necessity. One can, if one chooses, to rely on facts, and to behave impartially, if we choose to.

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Gender plays role in sentencing of female sex offender

Do female statutory rapists get off easier than do men? You betcha. Listen to the judge–while in court–say so.

Unfortunately, because of brightcove (an advertising tracker), I cannot embed the link in this post. Hear it here (one you get past the ads :/ )

http://www.ktvb.com/story/news/local/2014/07/01/11945629/

BOISE — A Kuna mom will spend at least three years in prison for having sex with teenage boys last fall. A judge sentenced Courtney Sue Reschke to 20 years total, but with parole eligibility after the first three.

The sentencing was four hours long, in part because of expert testimony and attorney argument about whether a female sex offender should be given different consideration than a male offender.

She has committed crimes against many, many children and has affected their lives, Jean Fisher, Ada County Deputy Prosecutor, told the court.

Fisher told the court Reschke hosted wild nights at her house, luring teenage boys, acquaintances of her kids, to her home through text messages and Facebook, giving them alcohol and then committing sexual acts with at least eight of them, some in front of her own kids.

She pleaded guilty to six counts of lewd conduct with a minor [Empahsis mine] and seven counts of giving them alcohol. In court, her attorney read her written apology.

It says: I would like to apologize to everyone involved. The victims, their families, my family, my kids. I acted stupidly and recklessly, and I’ve let everyone down, Reschke’s attorney read from her statement. I was supposed to be the responsible parent who kept an eye on these teenagers, and instead I let my own life deteriorate to the point where I am today.

Defense Attorney John Loschi presented examples of Reschke’s life unraveling, from divorce to a bankruptcy to a DUI charge. He portrayed the sex acts as one month of off-the-rails behavior.

But Deputy Prosecutor Fisher wanted Reschke in prison for at least 10 years before parole, with her expert forensic psychologist giving the opinion Reschke is a predator with deviant behavior.

I think we need to look at her with the same sort of parity that we would if was a male, Fisher said. We cannot minimize the criminal behavior of this defendant because she’s female — because I think that there is a lot of societal pressure about that.

Loschi asked the judge to put Reschke into a programming option that could get her out of prison in as little as six months and keep her from general population. He said psychologists acknowledge a difference in how female offenders can be treated.

What everybody knows that’s been doing this for a while, and both experts testified to is there is a difference between women sex offenders and male sex offenders, Loschi said.

After four hours of expert opinion and the attorneys arguments, the judge spoke to Reschke.

I know that you know that you did wrong, Judge Ronald Wilper told Reschke. :You know that you’re going to be punished. I think you know that I’m going to give you a stretch in the penitentiary for what you did, because I think a lesser sentence really would depreciate the seriousness of the crime.

Wilper said he wouldn’t send her to prison for as long as Fisher asked. Instead, he chose a 20-year sentence, with three required before parole. He said that would allow her to enter treatment faster.

I think that the state believes there should be some measure of equality or parity when a judge sentences a male sex offender who violates little girls versus a female sex offender who violates young boys. There is a difference. I have a difficult time articulating precisely what that difference is. It’s difficult to try to explain what that difference is, but nevertheless I think we know there’s a difference, Wilper said.

The victims’ families and prosecutor were disappointed.

The problem we have with prosecuting female sex offenders is there’s still this enormous societal opinion that somehow it’s less a victimization for boys than it is for girls, Fisher said. I think that’s just wrong and I think those are old social thoughts that really need to be eradicated. And unfortunately I think we’re still seeing that today, and we saw it in the sentencing today.

Loschi and the victims’ families declined comment after the sentencing.