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Victime could be jailed for naming those who assaulted her


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I need to quit clicking on news stories because it makes my blood boil.

 

http://news.yahoo.com/blogs/lookout/savannah-dietrich-twitter-sexual-assault-louisville-174732753.html

 

A 17 year old girl in Kentucky who was raped could go to jail for contempt of court for up to 180 days for publicly naming the 2 people who raped her because they made a plea deal that was supposed to keep their names confidential. The victim was furious (rightly so IMO), and tweeted their names. Her account has now been shut down and she faces jail time and a fine. WTF? It's more important to protect them than give justice to her? They took photos of the assault and showed them to friends! Argh. I'm so mad.

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She should have refused the plea deal.

 

ETA: Please read the thread. I finally read where she was left out of the deal making, but was informed. Please read my other posts before quoting and commenting on this one. TY! :)

Edited by mommaduck
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they probably made the plea deal with the court and she must not have had a say.

 

very sad situation.

 

She can't refuse. Once criminal charges are brought, it's up to the DA's office. Maybe she could file a civil suit, though?

Just read that she was informed of the plea deal, but had not actual part in it. Yeah, forget that! The victim should not be made to "shut up".

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First off, the boys are minors. That shouldn't matter in some crimes, such as this, but legally they are protected. There was a 5 yr old molested in a Mc Donald's play area by a 12 yr old boy. He was shackled in court, but we never saw his face.

 

Secondly, I thought both parties had to agree to a plea deal? I guess I'm wrong on that one. But I can't believe that she could be held to something that she didn't agree too?

 

Thirdly, If I were her, I'd probably do the same thing :) They ruined her life, at least right now. (Hopefully, she can go away to college, where nobody knows her and sort of start over). She should have the right to ruin hers. This plea, to me, is like BTK getting the death penalty and all the rights under no cruel and unusual punishment. Really? Why should he get to go to sleep into eternity?

 

And make sure the needle is sterile? puhleeez.

 

off the mini soapbox.

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That why criminal cases are always named as, "The State vs. John Doe." The state is the party bringing the charges. The victim is just a witness.

Then the victim should not be included in the plea deal (as in told that they can never speak about it or name her attackers)

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I think the state has a perfect right to offer this plea deal as far as THEIR actions go. I think they have no right to keep the victim from telling her story. I hope her lawyer is successful with his pulling this under her right to free speech. It is HER story after all, and it is true.

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She should have refused the plea deal.

 

From the sounds of the article she didn't even know of the plea until it was presented to the court. It was not brought to her first.

 

ETA: should have read the whole thread before replying

 

 

I would have done the same as her, and if it was my daughter that had been attacked I would have done the same. She has enough healing to do over this assault, knowing that the courts barely gave the boys a slap on the wrist and that their identies would be hidden is like rubbing salt into those wounds.

Edited by swellmomma
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I posted a story about this on my FB and wrote:

 

A "justice" system that punishes the victim in order to give rights to the criminals is incomprehensible. The state made a deal with her rapists without her knowledge and she is expected to abide by their decision that she not tell anybody what they did to her. They assaulted her and posted pictures of it, and she's not allowed to say their names--disgusting!

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Good for her! If she IS sent to jail, I imagine there will be a fund opened to help her with bail and court costs.

It takes a strong young lady to do that, disregarding the possible consequences.

 

ETA: I haven't read the story yet, lol. I will when I'm not nursing a wiggly worm.

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Then the victim should not be included in the plea deal (as in told that they can never speak about it or name her attackers)

 

I think you have to understand the procedural stance of the case - which I am not entirely sure even I do, but I will tell you what I glean from the news report.

 

First, the state has not brought charges against her and there is no reason to think there is any plan of that.

 

The *offenders attorneys* have asked that she be held in criminal contempt because the judge issues a gag order regarding the case, which actually pretty normal in a juvenile case. Contempt of court carries certain maximum penalties and that is what the paper here is reporting. "She faces jail," is true in as much as anyone convicted of contempt of court faces those penalties. The court personnel are professionals, and they aren't going to talk about this to the news media, of course.

 

They will have a hearing on the contempt charges, also in juvenile court, and the victim wants the news media there, but of course, the boys do not.

 

But there is no reason to think that any law enforcement is actually advocating that she be held in contempt or put in jail. It's quite possible the judge will not find her in contempt or will find her in contempt and issue a verbal instruction not to do it again, or, if she files appropriate motions, will vacate or modify his ruling. And in fact, he hasn't issued a ruling yet on the boys. They plead guilty to charges (not rape, which they were not charged with, but assault) but the punishment is only "recommended." The judge can sentence them to more punishment. They still haven't had that hearing.

 

I think you have to understand that it might not have occurred to a judge that the rule that the identities of minors be kept private (which is a time honored ideal) would impact her this way, because most of the time victims of sexual assault are also asking that THERE identities be kept private. But it's pretty common that in juvenile proceedings, identities are not to be revealed.

 

I do admire this young woman.

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I doubt this will be brought to prosecution. She doesn't have to abide by the terms of the plea. She isn't a party to it and wouldn't be with this lame sentence. I can't see a jury convicting her of anything.

 

These were my thoughts as well. It still so wrong that it can even happen. All victims should have the right to tell their story. They have already had their rights taken from them, to take more is to violate them again.

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