![]() |
Quote:
|
The civil v. criminal distinction matters, but not at the pre-trial dismissal level, at least not nearly as much
The distinction you all keep referring to is preponderance of the evidence v. reasonable doubt when you're discussing questions of fact. Those are standards of proof, not burdens of production. However, in both criminal and civil trials, the parties have to reach their burden of production. They have to reach a point where a judge determines - "Okay, there's enough here for a jury to at least consider." You all are referring to their burdens of pursuasion. Granted, a lower burden of pursuasion will lower the burden of production somewhat, but not appreciably, the burden of production in criminal cases is already quite low. The plaintiff here will still need to present something. If it's just her word vs. his, there is absolutely a decent chance the judge will toss it out. He could easily determine that she hasn't made her case well enough to even have it submitted to the jury. It may be something as simple as a psyciatric evaluation saying that she has severe emotional issues consistent with a rape victim's. But she absolutely has to present some kind of evidence or a judge could definitely pitch this sucker. |
Quote:
|
Quote:
|
I am just trying to understand why Andrea McNulty would need six different aliases?
The Official Court Docket Report: http://www.ccwashoe.com/public/ck_pu...ate=&end_date= I understand why it's a civil suit ($$) -- In a civil case there is less to prove. I may be wrong, but I think Ben has some kind of business deal with ESPN. Anyone know how long hotels usually keep video tapes on file? And to all a good nite. ... |
Quote:
|
Could be Ben used her and then no next day call to her.
Woman used, discarded and then angry. Hell hath no fury. ;) |
Quote:
Unless I'm wrong the 390k is for compensatory damages. The punitive damages against Roethlesberger and the casino could be 10 times that amount. |
Quote:
|
Quote:
I think that whole, "Well, if he were (insert race here), this would be different" is a waste of time. People said the same thing about the Bonds situation, "If he were white...", but then Clemens got named and people trashed him too, and wrote books about him. Marvin Harrison's black, his gun case got almost no coverage. |
At first glance it looks like the hotel may have some trouble. An employee went to the head of security and allegedly advised them of a sexual assault and she claims they didn't do a follow up or any type of investigation. I'm sure they have an internal policy that requires they do more than nothing.
|
FWIW, Andrea Kramer was on Sirius NFL Radio this morning, and even she said that it appears on the surface that this is nothing more than a money grab. She expressed the exact same concerns many of us have in this thread:
Where's the criminal case? Why not go to the Police? Why wait a year to bring a civil case? And this is coming from a woman, who you would think would be more sympathetic to a situation like this. Pretty much supports what many of us were saying - there's not a single piece of evidence that this actually happened, and the alleged victim's actions over the past year would lead one to believe she's FOS. |
Quote:
|
Quote:
|
Quote:
I don't know why she, or other victims don't go to the police. In a perfect world all rape victims would scratch their assailants across the face and go to the police to preserve all evidence. Unfortunately the real world doesn't work that way. If you were raped on the way home today are you certain you'd go to the police, or would there be some embarrassment and humiliation on your part that would make you think twice? Why wait a year? She was afraid her workplace was covering for Ben, afraid she'd lose her job, lose her medical benefits and not be able to afford the psychiatric treatment she needed. We don't know if there is evidence or not. The head of security may have reports that she reported it to him. She may have psych reports for the year following the alleged assault that all say she told the doctors of being raped by a famous athlete. Or, she may be completely nuts. I think her complaint is really weak in terms of what happened with Ben and her. It quotes her only as saying "you don't want to do that" and "please stop". I'd like to think a girl being raped would by yelling and screaming "no" "stop" "get the hell off me", etc. |
All times are GMT -6. The time now is 12:36 PM. |
Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2024, vBulletin Solutions, Inc.