Rape Shield Law and the Duke Rape Case

by La Shawn on May 4, 2006

in Duke Rape Case, Justice

NifongTuesday, May 9: Greetings! This post is closed. Follow the link to read and discuss the latest news about this mess of a rape case.

Update (5:00 p.m.): In other college rape-related news too boring for blanket media coverage and bereft of titilating white-on-black, man-bites-dog drama, two football-playing midshipmen at the Naval Academy reap the whirlwind for conduct extremely unbecoming.

For this alleged rape, I couldn’t find any new information. None. Zero. Nor for this gang rape. I called the Commonwealth Attorney’s Office for an update. A deputy attorney said that after the March 2 hearing, the “men” had been held over for trial, which has not been scheduled. I could be wrong, but I suspect the New Black Panthers didn’t march against those rapists or the school. Too few TV cameras and no national headlines.

Speaking of national, why no outcry against this alleged rape? Or this alleged sexual assault? What’s so special, I ask, about lacrosse players?

Remember this? I wonder if Brigham Young University canceled its remaining football season. I can’t recall. Anybody? Anybody?

By all means, let’s “heal.”

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I was going to develop and submit this as an op-ed but decided to post it here in its unpolished form.

This case has all the ingredients for juicy, round-the-clock news coverage and blog chatter: racial resentment, class envy, vulgarity, sleaze, hypocrisy…If you’re tired of hearing or reading about it, turn the dial, click the remote, surf to a different site.

If you haven’t been living in a cave for the past couple of months, you know all about the “Duke rape case” story. In a nutshell, two women were hired to take off their clothes at a lacrosse team party at Duke University, and one of the stripper’s alleged that three of the players raped and beat her in the bathroom of the house for 30 minutes.

In the ensuing weeks, Duke canceled the lacrosse team’s remaining season, the coach quit, and two players were charged with rape and indicted by a grand jury. In the past month, race hustlers, grievance shoppers, “victim” groups, and others have weighed in on the controversy. We learned, among other things, that the accuser was drunk the night of the alleged rape, stole a car in 2002, ran from the cops, and tried to run down a cop while drunk. Kim Roberts, the “second stripper,” contacted a New York public relations agency for advice on how to spin the sordid tale to her advantage.

The case has taken many twists and turns, and most of us have already picked sides. There are some people, including members of the mainstream media, who’ve feigned objectivity. But we’re allowed to pick sides in the court of public opinion. It’s what humans do. It’s part of our nature to form impressions based on what we know about…human nature.

The judicial process is adversarial, as it should be, and the dirt will fly. The latest piece of significant news is the accuser’s 1996 rape claim. She said that in 1993, at the age of 14, she was gang raped and beaten by three black men. No charges were filed.

After a self-imposed silence, chatterbox prosecutor Mike Nifong broke his moratorium and spoke on record about the previous charge. We were treated to such headlines as “Jury may not hear about accuser’s past rape claim,” and “Previous rape claim may be inadmissible.” Invoking the state’s rape shield law, Nifong said the previous claim may not be admissible in court, may being the operative word. North Carolina’s rape shield law can found at Chapter 8C, Article 4, Rule 412 (PDF) of the code.

stripper Rape shield laws are designed to limit evidence of sexual history. Although it might matter in the court of public opinion whether an accuser regularly sleeps with entire football teams, it’s usually not relevant in rape cases. Shield laws are designed to encourage victims to come forward and report a rape without fear of seeing their sexual history on trial instead of the defendant. Likewise, evidence of a defendant’s sexual behavior is irrelevant; if relevant, it may be too prejudicial to come in.

There are exceptions to the rule, of course. For example, if semen found on the Duke accuser is linked to a third party (someone other than Collin Finnerty, Reade Seligmann, or the other lacrosse players), Nifong will not be able to bar — under the rape shield statute — evidence that the accuser had sex before the party. “Sexual behavior” implies consensual acts, but rape is not sexual behavior per se. It’s a criminal act — a felony — and shouldn’t fall within the meaning of sexual behavior. I believe that with a well-reasoned argument by the defense attorney, along with a fair judge, the 1996 rape claim will be admissible. Why? I’ll defer to someone who actually practices law in North Carolina:

One North Carolina lawyer told ABC News that according to federal rules of evidence, the record of prior rape allegations would likely be admissible in court. Rule 404 (b) allows historical evidence as proof of motive, intent, preparation or plan.

Even so, in its current form — without knowledge of the outcome of the investigation — the 1996 police report may not be admissible in the Duke case. If it can be shown what determination police made about the veracity of the alleged victim’s 1996 allegations, then the report could be admitted as evidence in the Duke lacrosse investigation.

This rule, more often invoked by prosecutors, could be used by the defense in this case “to show she has some type of plan or scheme to try and undercut her credibility,” North Carolina defense lawyer Mark Edwards said. (Source)

In my research, I found a few North Carolina cases that dealt with previous rape allegations that were false. In order for false allegations to come in, there has to be proof that an accuser made a claim (the Duke stripper’s report is on record), and the defendant must demonstrate that the allegations were false. Otherwise, it’s not coming in.

Here’s the problem with the previous claim in the Duke case: no one was arrested or charged and the case wasn’t adjudicated. Just as we don’t know if the accuser was raped in March, we don’t know if she was raped in 1993. Unless the defendant can show that the rape allegation was false, which I’m sure the defense is working on right now, it’s out.

accused I don’t know Nifong, never met him, and never spoke to him. Based on his statements to the media about the case, comments he’s made in black college forums, etc., I believe the quick arrest and indictment of the players and pander-fests to racial demagogues were motivated in part by his upcoming re-election.

Now that he’s won, he can do some actual work. I expect he’ll soon respond to defense motions for evidence and for his recusal from the case. We know he’s not going to recuse himself. Nor should he. Like a captain on a doomed voyage, he ought to go down with the ship.

Sources:

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The Dark Truth
05.09.06 at 1:22 am

{ 39 comments }

Anita 05.04.06 at 12:07 pm

what’s sad is that when the black basketball star (I forgot his name) was accused of raping the white woman in Colorardo, everyone I knew said either he did not do it or if he did it was her fault because she acted provocatively. Now, a stripper says she was raped at a strip party, and we are sure that the evil white boys did it and it’s just a continuation of slavery days.

La Shawn 05.04.06 at 12:15 pm

I’m working on a couple of related tips, so stay tuned…

Frank Zavisca 05.04.06 at 1:22 pm

La Shawn:

I have learned more about rape prosecutions from talking to police and attorneys than I ever learned from the media and Internet.

One thing I learned is that professional prosecutors do NOT call press conferences – dozens of times.

In fact, one asked me if I know who the local DA is. I said no. He said that’s how the DA wants it – he wants to be “low profile” so he can do his job.

Lisa Gilliam 05.04.06 at 1:37 pm

This is another horrible indictement of our people,that they are corrupt as hell and refuse honor right and wrong!They will elect and re-elect the most questionable and corrupt somebody all the time,I would like to challenge our people on why they love corruption so much!?this girl wasn’t no victim by a long shot she is a troublemaker and her parents OOOH….!How pathetic are they?!where were these two in this girl’s life over the years?!This is one of the things I don’t like about rape shield laws!I think men’s groups better start looking at this garbage again that the feminazi’s have shoved donw our throats!There was stupidity and immorality on both sides of this issue too.

Gayle Miller 05.04.06 at 2:24 pm

Whatever the truth of this matter, it has been handled as though Nifong was a rookie prosecutor for the same reason that Sam Shepherd got a second trial in the 70s. Nifong’s behavior has been absolutely shameful. IF (as I suspect) these two young men already arrested are innocent, nevertheless their lives have been irreparably harmed, as have the lives of the other young men who have been punished for the high crime of being part of the lacrosse team. There has been no careful and judicious investigation of this case and Nifong has made a judgment of these young men from Day One, despite the fact that they have a constitutional presumption of innocence.

Nifong is the one who SHOULD go to jail and, again if it is as I suspect, so should those two drunken strippers. I have no doubt that some of the team perhaps were turned off by the fact that these strippers turned up drunk and made racially inappropriate remarks. But we do not have a constitutional right to not be offended and women who are REALLY raped are doubly victimized by women who make false charges of rape.

This is a shameful episode in its entirety and disgusts me beyond belief.

As to you LaShawn – I don’t know where you live or if you still practice law, but you are 200 times the lawyer that Nifong is. And I’m a paralegal and generally don’t LIKE lawyers! So consider that as high praise.

Thanks for the compliment, but I’m no lawyer. I failed the bar exam, so now I sit on the sidelines and criticize bar card-holders. ;) – Admin

tvd 05.04.06 at 2:39 pm

The idea that rape is not per se sexual behavior is a curious interpretation. How can there be rape without sex?

Is there any support for that interpretation in NC law?

As rape is involunary as far as the victim is concerned, it’s not her “sexual behavior.” The behavior of the rapist is in view here. I haven’t found any cases that support my interpretation. Good thing I’m not a NC lawyer making the argument, huh? ;) – Admin

B Gad 05.04.06 at 2:58 pm

What amazes me is the collective outrage of the right about this issue when there are countless examples in which the roles have been reversed but no outrage. Those of you from the Philly area should recall a well publizied case about two La Salle basketball players who were accused of raping a former female athlete who was admittly drunk at the time. Both victims were drunk but only one has been villified. I don’t recall there being any outrage from the right when the alleged purpetraters were African American. Racial bias in America is alive and well.

Joey 05.04.06 at 3:09 pm

Why not be outraged? Why are our people being put down for raging against a terrible thing that happened to one of our one? It shows love and care and protectiveness. Whether the girls was drunk or not, rape is rape. Drunk people get raped. Anyway, just stating my frustration… if it doesn’t get deleted, I assume, I’ll get hell for it anyway.

tvd 05.04.06 at 4:02 pm

I think that’s a pretty strained interpretation of “sexual behavior,” and in practice, would raise some of the problems that the rape shield laws are set up to prevent.

For instance, if someone was molested or in some other way sexually assaulted in their past, and that was admissible simply because it was involuntary, there are two problems. First is that that sort of thing confuses the consent issue without any real probative value.

Second, the victim’s *response* to that sexual assault would inevitably come in, and that response–whether it was passive or aggressive–would be more prejudicial to the victim than probative of anything relating to the present offense, either way it went down.

Hey, if my interpretation is problematic, so be it. I’m blogging, not trying to convince a jury, for crying out loud. – Admin

SCSIwuzzy 05.04.06 at 4:32 pm

Bgad,
For one, there were credible witnesses to what went on @ La Salle, vs Duke.
Second, the La Salle players admitted to having sex with her, they just denied that she wasn’t able to provide consent (she was drunk and vomiting over a sink, with a BAL of .23!)
Third, the ‘victim’ in the Duke case has shifty written all over her story and time line. The La Salle victim admitted to being drunk, gave a credible time line and also admitted to never saying no (again, the contention is that someone that drunk is no state to say yes or no to anything).

Then, there are details like this, from WRAL-TV in Raleigh, North Carolina, make a reasonable person question the Duke accuser’s credibility

“New information about the victim has been divulged, concerning charges arising from an incident that occurred several years ago. According to a 2002 police report, the woman, currently a 27-year-old student at North Carolina Central University gave a taxi driver a lap dance at a Durham strip club. Subsequently, according to the report, she stole the man’s car and led deputies on a high-speed chase that ended in Wake County.

Apparently, the deputy thought the chase was over when the woman turned down a dead-end road near Brier Creek, but instead she tried to run over him, according to the police report. Additional information notes that her blood-alcohol level registered at more than twice the legal limit.” In spite of that incident, her attorney at the time, Woody Vann, asserts that what happened then should not cause people to question her character now. He said she is a decent and credible human being.”

Also, I seem to remember a heck of a lot of white folks who thought Kobe was innocent until proven guilty…
Not everything is strictly ‘black and white’

Shade 05.04.06 at 4:58 pm

Also, I seem to remember a heck of a lot of white folks who thought Kobe was innocent until proven guilty…
Not everything is strictly ‘black and white’
I frequent several “black message boards”, and those who take the stripper’s side are in the minority. Most of the posters either call her a lier (often along with other censored terms) or simply have no opinion as they wait for all of the evidence to come out. What is expressed is that overall public opinion would be less harsh on the accuser and more harsh on the accused if it was a team of black guys and the stripper was white. For instance, a lot of people referred to Kobe as a “slut” during his ordeal even if they didn’t believe him guilty of rape, yet the Duke players have not been attacked as much for soliciting the services of strippers. It’s almost a case of “boys will be boys”.

goddess Isis 05.04.06 at 5:08 pm

Beloved Ones, I do not know about you all, but I have over 400 years of things to say.

Who’s World Is In our Minds?

If we were critical and crucial thinkers and thought original thoughts we would Know and not believe (ego based) that this type of behavior and conduct (rape) is more deeply rooted. We limit our minds when we do not go down into Bugs Bunny rabbit hole to see how deep all this is.

Anytime we are held against our will, is this also not?

1. rape (r³p) n. 1. The crime of forcing another person to submit to sex acts, especially sexual intercourse. 2. The act of seizing and carrying off by force; abduction. 3. Abusive or improper treatment; violation:

Taking anything that does not belong to you is raping the other of it. It does not belong to us.

2. Robbed/Robbery: To take property from (a person or persons) illegally by using or threatening to use violence or force; commit robbery upon. 2. To take valuable or desired articles unlawfully from: To deprive unjustly of something belonging to, desired by, or legally due (someone): robbed her of her

The person being rape is the valuable property, and every part of their body is not for anyone to violate.

3. kid·nap: To seize and detain unlawfully and usually for ransom.

When rape occurs it is kidnapping.

4. ter·ror·ize: To fill or overpower with terror; terrify. 2. To coerce by intimidation or fear.

5. hos·tage: 1. A person held by one party in a conflict as security that specified terms will be met by the opposing party. 2. One that serves as security against an implied threat: One that is manipulated by the demands of another: “

What is the specified terms in a rape? After all the males take their term on the victim and get their desire results (a nut).

6. prisoner of war: A person taken by or surrendering to enemy forces in wartime.
Hell what wartime. This is suppose to be at peacetime. This goes to show us that there is hell in PieceTime.

7. slave:1. One bound in servitude as the property of a person or household. 2. One who is abjectly subservient to a specified person or influence

Any rape victim is the above.

Oh how easily we Afrikan Blacks have no remembrance, and many not even a memorization of the rape that took placed with our ancestors and how we are being raped to this day in a wide variety of ways. Rape is not just a physical act. To live and operate with someone else’s mind-set that was stolen form us by these Duke males student ancestors is the worse rape in history. To not know thyself as soul and True Afrikans is Rape of the mind.

These Duke europeans males are acting out the behavior of their ancestors. It is in their blood. They will give birth to other little Dukers. They automatically think that they can touch every Afrikan/Black female any time they choose to. To me just touching me is rape, because I did not give that person permission to touch me. It is in their (DNA) Demonic Nature Attitude, to do this. Even they are being used to further their sick ancestors behavior/conduct. We will understand why we are still being raped by europeans when we go deep deep into their foul stack of stench (DNA). If we fear going in the mind-set of the enemy we will never know how to live and survive. We must know our enemies. They know us.

There is no record of a european ever being imprisoned/jailed/convicted of raping an Afrikan/black female. What type of message is this sending to the world? That european do not rape?

My light skin is all the proof that I and all light skin blacks have to bring charges of rape against all those europeans who raped our ancestors, when they docked at all those ports, and everywhere else, and all race of people having their way with our ancestors, robbing me of my true color…and then some. Yes, the proof is in the pudding and the proof is in all light skin Blacks bloodline. Yes, let the world know how all light skin blacks got to be light skin. RAPE. I will not ever be convinced that our ancestors consented to have physical relationship with the true illegal aliens, workers of iniquities, Only human.

I say these Duke Males are guilty by association (slave master DNA). I will wait for the verdict of the physical rape.

I wish we as Afrikan/Blacks had more access to the media so that we could show the world how they raped, robbed, dissected, and had a picnic with our ancestors.

I do not know about other Blacks/Afrikans, but I can still sense the rape done to our ancestors and the unevenly scar that was left in in Afrika. Every time a black female gets raped/violated every black female is raped or violated, and if we black females do not sense this in our soul we are dead.

The bottom-line to all this human treatment is this . The Duke males belong to those who calls themselves Only humans.

What we have here is, and anyone (regardless of race) who rapes/violates/abuse/misuse..and the likes of, are the action of those people who call themselves Only humans.

Do you not know what the Human Beings said about themselves regarding their make up? They tell us who and what they are about and yet we still can not see.

The Human Being confessed to be beings that is born evil, their words exact is Human Beings are born in Sin and is shaped in inequity, the acts pf perversion, antinature, the lover of acts of things and behavior that is unacceptable to the Natural order of the Universe, which is Harmony, Order and Balance in all we do in Life, such become evidence of the compliance to the Divine Law of the Universe, the Law which the Human Being Civil Law has no standing with, in term of comparison. (osiris).

The Invaders of all the body parts Snatchers.

What we have witness with all violations of others is Human carnivores (flesh eaters). Snakes, dogs, rats, vampires…and the like of. The Only Humans are doing their job. We must do ours, and our first job is to identify them all around us.

Until we (especially) Afrikan Blacks fully understand the Only Human behavior/conduct we will forever be subjected to abuse and misuse, and we bought it all on our selves for a lack of knowledge.

I know no disease of the Soul but ignorance, a pernicious evil, the darkener of mans life, the disturber of his reason and common sense,
Michael Chandler, founder of (IRES), International research and Educational Society (TNT), The Naked truth.

Here is loving righteousness

Being The Change the world needs to see.

OK, I’ll play along. – Admin

KC 05.04.06 at 5:57 pm

Ooooh-Kaaay. First – LaShawn, what I find interesting is how the lack of matching DNA (so far) is not proof of innocence. Anti-death penalty advocates, such as the Innocence Project, are always claiming that a negative DNA match should exonerate death row inmates. So, where all these advocates now?
And as for the previous poster, some thoughts. First, if you were born here, you are American, not African. Oops- Afrikan. Teresa Heinz Kerry is African. Second, if your ancestors were raped, that does not mean you have suffered the same fate vicariously, via some time warp. This is not Star Trek. Finally, study your history. Africans themselves engaged in the slave trade, and continue to do so to this day. Yes, in Africa.

SCSIwuzzy 05.04.06 at 6:40 pm

Isis,
http://www.snopes.com/language/offense/picnic.htm
Because I agree (mostly) with your quote, I know no disease of the Soul but ignorance, a pernicious evil, the darkener of mans life, the disturber of his reason and common sense

SLee 05.04.06 at 7:39 pm

Gee. I thought DNA stood for deoxyribonucleic acid.

goddess Isis 05.04.06 at 7:57 pm

Comment by KC writes:

Ooooh-Kaaay. First – LaShawn, what I find interesting is how the lack of matching DNA (so far) is not proof of innocence. Anti-death penalty advocates, such as the Innocence Project, are always claiming that a negative DNA match should exonerate death row inmates. So, where all these advocates now?

And as for the previous poster, some thoughts. First, if you were born here, you are American, not African. Oops- Afrikan. Teresa Heinz Kerry is African. Second, if your ancestors were raped, that does not mean you have suffered the same fate vicariously, via some time warp. This is not Star Trek. Finally, study your history. Africans themselves engaged in the slave trade, and continue to do so to this day. Yes, in Africa.

Comment by KC — 05.04.06 @ 5:57 pm

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Beloved KC:

Because I am on the constant move to share enlightment with others, I rarely stop to engage in that which has not truth/lack of knowledge, unless the student is ready to learn.

I do not care to get off the subject (Duke Alleged rape) we are discussing.

I making an exception with you because Truth will always have Its last say.

I am clueless as to where your information comes from when it comes to Afrika. Mine comes from my soul where all Divine, Ancestral, Universal flows, knowing my Afrikan history, sitting at the feet and listening to the Afrikan scholars, and from the Chambers of the Holies of Holies where Spiritual secrets resides, on the frontier of the future on the outskirts of the city of eternity (other side of madness). It is call Time and Space, where we all need to be to fully understand what is taken place in this world.

Now I will entertain your, no disrespect, just a fact, Left Behind statements just once, and there will be no communication between you and I after this. For to wrestle and box with Truth, one should sit down in the corner and wait for the count. KNOCK OUT.

I am taking you are a black/Afrikan person, and if so, and you truly believe (ego based), that when we are born in america we are americans, you are Gravely lost. This is a slave mentality those blacks/Afrikans believing they are americans. There are black people born in Japan and that does not make them Japanese. There are two types of blacks in america. Those who are Afrikan americans and those who are Afrikans living in america, and there is a huge difference between the two. Afrikan americans are those who have been conditioned to live like the oppressor and love being slaves to a burning down system. The Afrikans living in america are the ones who know where they came from, where they are now, and where they need to go.

If we can not sense the pain and suffering of others then we are dead.

If you knew your history, you would know that Afrikans before 1492, wasn’t always slaves. Free your mind and the rest will follow.

I will not reply again, because when two people are debating and arguing, the onlookers can not decide which one of them is a fool, so I am C’ing my way out, for I do not entertain Only humans and their conduct and behavior. Get to know both realities to us (physical and Spiritual). I am staying with the subject (Duke allege rape case). Be wise. If you reply after I said I will not, you will reveal yourself. .Please take what I have said and keep moving on. Know thy self as Soul. Truth is not here to disagree with no one. Truth Is As Is, and if we disagree with Truth, that is because the Truth is not in us.

To the Owner of this site and other posters to forgive this interruption.

I am ready to continue the with the subject (duke allege rape).

cfw 05.04.06 at 9:17 pm

I agree with idea that “rape is not sex of the sort protected by the rape shield law.”

Rape, properly understood, is no more sexual conduct of the victim than going through a pelvic exam in an MD’s office.

When a male has his prostate checked, no one says that is sexual history.

If the woman (or male victim) says it is not consensual, it is rape, the DA cannot then say that it is unmentionable on privacy grounds because of the rape shield law. The name of the law is misleading – it should be called the consensual sex shield law.

Think of the movie Deliverance, with the anal rape. Would anyone say that the victim “had sex?” No, because rape is not sex for the victim. Same for women as victims.

As I recall, feminist literature talks about rape that way (crime of violence, not of victim passion), and has for 25 years, I believe correctly. Nothing in particular comes to mind in the way of books or articles.

Once one gets past the shield law, one must still prove relevance. That’s where a judge could say I do not want to get into trying the 1993 events, but that might be a denial of rights to adequately present a defense, in a close case.

Jd 05.04.06 at 9:52 pm

Goddess Isis is odds likely an unhappy white woman with a dishonest streak because she is afraid to face herself in her own life. It’s the type of stuff you humorously discard.

cfw 05.04.06 at 10:02 pm

One more thought on the 1993 events – if AV claims is was a rape and three 1993 assailants say no sex happened (like AV’s dad said), then defense is not trying to prove prior sex. Rather, defense is trying to prove prior “no sex.” No rape shield issues then, at least from defense side.

Florian Guerrero 05.04.06 at 10:31 pm

The more I read or hear about this case the more I feel this is a subplot in a soap-opera. While these two boys (or three) may not be angels, their accusor certainly has a nice history to pick at. That said, there’s a rape-shield law for a reason and the accusor (I believe) should remain anonymous until the accusations are found to be baseless. When (or if) that happens she should share the same fate as Tawana Brawley and Anita Hill.

goddess Isis 05.04.06 at 10:38 pm

CFW, thank you for that comment. That was a thought of mine.

Chris Ford 05.04.06 at 10:47 pm

Thanks for the compliment, but I’m no lawyer. I failed the bar exam, so now I sit on the sidelines and criticize bar card-holders.

My lady…you appear to have mucho talent! So try again or do something else. I did a MBA with a 4.0 GPA. My 2-year roomate and two long-term GFs were at the “less prestigious” law school at the “prestigious” university. I found I smoked them in certain law school matters – torts, constitutional law argument – when I served as guinea pig, or bedmate guinea pig (much more fun with mutual squealing!) but I found and tried my reasoning in other areas -and failure after failure to “win” was proof I wasn’t meant to be a lawyer….and my LSATs were in the upper 90s in 3 areas and in the 70s in the 4th…abstract reasoning…But if you did the full deal in law, I’d encourage you to “shore up” your weak areas and go into an area of law you really loved once you inevitably pass the exam..

On the Duke rape…I have a problem that false complaints and complaints of a nature that are quashed by the system as clearly arising from a psychological aberration cannot be, according to some, be introduced as evidence bearing on the credibility of the accuser.

My cousin’s a detective. There are cases where he knows that it is an abuse of authority and a squandering of city funds to bring to the criminal justice system and bestow on the city’s richest people to become further enriched – the attorneys – if no merit exists. In his city, once a month or so, for the last 8 years, an elderly woman has called up saying a sinister black man in a leather jacket has broken in and done “unspeakable things”. After the 1st 4-5 investigations, they caught on there was no black guy stalking and raping her 85-lb, 70ish bod…she just wanted some attention.

But there is absolutely no evidence of her frequent false rape calls. So, as she is getting more daffy every year, the worry is that she will see a black guy on the street accuse him of rape, and the “full deal” has to be thrown at the dude. In his city, he is confident that her 75-80 BS complaints will make the DA blow off specious charges, but he said that if NC’s shield law precludes any mention of any complaint that was not formally adjudicated as a finding – the 75-80 false calls the old lady made would not be made part of a fresh rape accusation, which he personally finds insane….though he assures it would never happen with his city, his DA staff, his state.

But with the Duke accuser, we hear “victim advocates” say that any false rape accusations or psychosis are “out of bounds” unless the “authorities” have found her non-credible after full “due process”. But no way will any LEO waste funds on a legal case to give some criminal charge to “annoyance” calls. The lady my cousin’s force deals with is treated as a joke to “be handled respectfully over the phone” but has never been tried in the courts. No way they want to touch her with a 10-foot pole.

It’s all flat-out nutty of the rape victims advocates and Niphong to hide behind a misguided law. If the Duke rape accuser also accused 3 other people of rape and dropped it before the 3 black teens even knew they were accused, no “justice” came into play…but I would think that any jury would be interested in it.

Same as if she had accused 3 blue alien men of abducting her on a UFO and anally probing her with a glowing crystal….and thousands of alien abuctees have been denied the opportunity of a 100-300,000 dollar police investigation because of failure to catch the UFO and question the aliens…thus such “Close Encounters” are supposedly protected by shield law, according to feminist “victim advocates”, from being introduced as evidence that an accuser is delusional or lying.

**********************
Trying to keep an open mind, but it’s hard knowing that what broke the Scottsboro Boys case was that 12 of the accused of rape had consistent stories while the 2 white prostitutes were found to have lied about several things. You’d like to think that there is no way a person could be wrong, or that some mini-sex session happened where the dancers did sex services and issues arose over money or players taking sex without payment or permission…but from all 40 players accounts..no one heard or observed a thing about the alledged “rape in the bathroom” within 30 feet of 35 party attendees. Their stories match.

*****************

I would like to see those toxicology results to see about the drug or alcohol effects after learning that a “rape test kit” does not in fact make for a true medical diagnosis of rape.

“Injuries consistent with rape”, widely reported, are not probative, because identical indications can happen from rough sex, multiple sex partners, even one boyfriend only everyday sex – given bruises and other signs. It will be interesting if the rape nurse was told that the chokemarks, facial bruising, thigh bruising noted by players, the other stripper, and by film – were recounted as part of the rape assault by the accuser. And what other semen DNA testing discovered was in her mouth, anus, and vagina. No slam on the rape nurse. If a badly bruised woman showed up and indicated she was beaten and forcefully taken in three orifices which showed signs of recent sex, I’d also be inclined to believe rape first.

With Nifong saying he wishes to blow off any trial until 2007, he appears to want to stall discovery on the toxicology, release of the hospital rape report, stripper interviews to the defense for the discovery phase…perhaps long enough for this case to disappear from the news cycle until some sympathetic post comes out about “The Duke victim has determined it is best to get on with her life and spare her children and close supporters the pain of a trial. We salute her courage and hope she will have luck with her new life and civil lawsuit. She is a strong, courageous woman of color..”

Shade 05.05.06 at 10:38 am

I wonder if Brigham Young University canceled its remaining football season. I can’t recall. Anybody? Anybody?

Of course not. Football brings in serious revenue.

SteveDinMD 05.05.06 at 8:46 pm

I’ve been thinking about the accuser’s story, and there is one part of her tale that strikes me as being particularly curious. According to press releases, the accuser claims that she vigorously resisted her attackers. She also claims to have been raped vaginally, anally, AND orally. If we are to believe her story, we MUST believe that one of her attackers violated her mouth while she was vigorously struggling and thrashing about. Frankly, I can’t imagine a more vulnerable position for a rapist to have allegedly put himself in. Would any reasonable attacker have done so? If we are to believe the accuser’s story, not only must we believe this, we must also believe that she then exercised super-human restraint in NOT biting off her attacker’s male organ — now THAT would have provided some irrefutable evidence! Alas, that didn’t happen.

Then there is the matter of the magical mystery DNA. When the one attacker finished the act of raping her orally, what happened to the “genetic material?” Did the accuser somehow swallow the evidence when simply spitting it on her clothing would have preserved it? Perhaps it was force of habit from her “escort” work, but I rather doubt it. Even if the attacker did not ejaculate, there should have been sufficient shedding of skin cells to yield a DNA profile from a mouth swab — especialy one taken within a couple of hours of the alleged attack — but no DNA matching any of the accused was found.

Given all this, the only reasonable conclusion that I can arrive at is that the oral rape did NOT happen. This sheds massive doubt on the rest of her story even before one gets to issues of timelines, alibis, photographic records, and individual credibilty. The accusatons of rape are almost certainly false.

Belle 05.05.06 at 10:37 pm

1. Why don’t the New Black Panthers go after the three men accused of raping the stripper when she was fourteen? How did Child Protective Services let that one slide by? She was a minor at the time. I would think that it is possible that one of the agencies involved would be negligent in not investigating that complaint.

2. Injuries such as those noted in the ER could have been a result of “toys” used during her shows.

syn 05.06.06 at 9:22 am

It’s difficlut to accept the premise that blacks (Afrikan or otherwise) continue to be oppressed in today’s cultural environment when the black ‘hip-hop’ culture is the popular culture. When blacks begin shaming blacks for continuing to identify black females as whores and bitches then perhaps blacks will liberate themselves from their oppressive environment.

The accuser unfortunately was behaving exactly her the popular culture expected her to behave.

kemperman 05.06.06 at 9:12 pm

Classes are over at Duke, my son is on his way home. LaShawn your help and support is invaluable. I have spent sometime with several current and former NC judges over the last few days. Here is what most think will happen on May 15th before a Judge. First, defense moves to suppress the id of accused because of FATAL flaw in ID line up, you can not only include suspects in a picture or real ID, it is 90% of the time a FATAL flaw. Motion granted. Motion to dismiss case. Motion granted. Motion to recover expenses, not a chance. This should be over May 15th first time Niffunk has to face a JUDGE. He will look like what he is a race baiting liberal Democrat. I was reminded by one of his class mates that he was a liberal student activist at UNC-CH as a undergradute. Friends remember him as a fruit cake even then. Why do all these liberal students always go to work for the government? Cause no one else will hire them. He was a Hippie from hell and still is. Bless you Lashawn, please keep the fire burning. Kemp

Sam 05.06.06 at 10:20 pm

If you are born in America, you are indeed an American. You may also be an African, if you have an African parent, and his country permits him to pass on his nationality by descent, and permits its citizens to hold dual nationality.

Chris Ford 05.07.06 at 1:30 am

Another interesting background thing about the accuser is her military service. She graduated in 1996 from HS, then got married and a year later enlisted in the Navy at 19. She was discharged with about a year of service, in 1998.

Cause of the early discharge is not known at this time.

lukeNC 05.07.06 at 4:51 pm

Who wants to bet this whole thing gets dismissed before the end of June? Any takers?

tawanabrawley 05.08.06 at 4:52 pm

“Who wants to bet this whole thing gets dismissed before the end of June? Any takers? ”

My cyberdollars are on mid-june….why?

Becuz the defense will have all the evidence on May 15, and it will take some time for little parts of the DA’s case to leak out to the media, and when that happens, then the defense will have to play their cards in the media, by the time the defense finishes with the DA’s case in the first few weeks there will be nothing to stand on. I think the bombshell is going to be Finnerty’s alibi. I think they are holding on to it, and will drop it at just thr right time.

lukeNC 05.08.06 at 6:29 pm

well “tawana”…

i’m waiting to see what everyone’s going to be saying once it gets dismissed. This should be hilarious.

kimba 05.08.06 at 8:48 pm

Has anyone seen the report released today by Duke Univ.? It says that the reason they didn’t take it seriously to begin with is because the alleged victim initially told police she had been raped by TWENTY white men. The police knew enough at first to suspect her story as false. I guess Nifong never talked to them.

http://www.foxnews.com/story/0,2933,194723,00.html

A full copy of the report is here:

http://dukenews.duke.edu/mmedia/pdf/Bowen-ChambersReportFinal05-04-06.pdf

Jd 05.08.06 at 9:27 pm

I would guess early dischage from the Navy was pregnancy.

SteveDinMD 05.08.06 at 9:49 pm

No sooner than I convince myself that I have heard it ALL with respect to this case, there come new revelations that take the lunacy to an entirely new quantum level. Such is the case once again. This latest news would be absolutely UNBELIEVABLE were it to have been suggested with respect to any other case. Unreported in the national media has been the fact that the Duke accuser originally told police that she was raped by TWENTY white men. According to the official report released by Duke University referenced above, Durham police immediately recognized the patently false nature of the accusation, and advised that it was nothing to worry about.

Yes, I see a scandal brewing here, but not the one the mainstream media would have us believe. The scandal is NIFONG’S, and no one else’s. This latest bombshell should usher in the final stanza in this corrupt man’s legal career. What we have is an obvious, willful, malicious prosecution of people KNOWN to be innocent. If I were the judge hearing this case, I would be stunned and outraged. My response would be to order Nifong’s immediate incarceration for Contempt of Court, fine him heavily, refer him to the North Carolina Bar Association for disciplinary action, and swear out a warrant for his arrest on criminal charges. Perhaps Nifong has mistaken the office of District Attorney in North Carolina for something more akin to “People’s Commissar” in the former Soviet Union. Someone needs to assert “adult supervision” — FAST.

belle 05.08.06 at 10:34 pm

Twenty???? Three????? What’s the dif when you play the race card?

Seahawk 05.08.06 at 11:09 pm

Imagine–twenty LAX players and they managed to leave no DNA! I’m sure the CIA would be interested in how they managed to do that.

conservblack 05.09.06 at 12:57 am

I posted my first comments on the case. Check our my website

tawanabrawley 05.09.06 at 9:09 am

Am I the only one that looks at these new statement by the accuser as possibly racist?

She claimed she was raped by 20 white guys?

huh?

To me this case is getting more and more crazy…lol

This woman has to be hiding under the biggest rock in the deserts of Arizona…

The little boy who cried wolf and ain’t got diddlysquat on this woman…

I am begining to feel sorry for her now.

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