First you get brutailized by a Perp

[Racket_Man]

Then you get victimized again by the Perp's defense lawyer. But then again that is all too common in a rape case.

http://todaynews.today.com/_news/201...cords#comments

The defense lawyer goes after the victims Google searches, Facebook posting, email accounts, and othe on-line activities for BOTH before and AFTER the crime.

Thankfully the Judge quashed the motion and the perp was convicted and sentenced to 25 years.

[Skelly]

Then you get victimized again by the Perp's defense lawyer. But then again that is all too common in a rape case.

http://todaynews.today.com/_news/201...cords#comments

The defense lawyer goes after the victims Google searches, Facebook posting, email accounts, and othe on-line activities for BOTH before and AFTER the crime.

Thankfully the Judge quashed the motion and the perp was convicted and sentenced to 25 years.

So, uh, what became of the rapist...? Oh, for a moment I thought/hoped the lawyer was sent to prison. My mistake...

[crashhelmet]

I imagine the lawyer is looking for anything that could paint the victim as being someone who was either looking to be victimized and researching how to get away with it or possibly something like being into BDSM.

"As you can see, members of the jury, Miss Plaintiff here routinely frequents S&M sites. Her account on FetLife shows she enjoys being beaten and abused. This wasn't rape, your honor. It was her lifestyle."

Or whatever else they can use to discredit, embarrass, and humiliate her more until she drops the charges. You know, the Kobe Bryant Defense Maneuver.

[telecom_goddess]

Holy crap...that's in my state too. They will do anything to try and prove a victim "asked for it".

[insertNameHere]

Here is how consent works... she could easily have sent 50 mails saying she intended on fucking him. 5 min before having sex she could say, nah I don't want to.... and that way any consent is now gone.

I tend to keep a low internet profile and have stuff I don't want people into encrypted. The fact people would try and get access to internet records for any legal matter is why I don't let google track me, really don't see why they need my last 10 years of searches when it could only be used against me not to help me.

[Andara Bledin]

You know, the Kobe Bryant Defense Maneuver.

I find the comparing of a woman who has a consistent claim of date rape and being beaten against a woman whose story changed more than once, and who had sex multiple times with different partners immediately before and possibly immediately after her alleged attack and who refused to testify at a criminal proceeding but went ahead with a civil case to be rather distasteful.

^-.-^

[crashhelmet]

I find the comparing of a woman who has a consistent claim of date rape and being beaten against a woman whose story changed more than once, and who had sex multiple times with different partners immediately before and possibly immediately after her alleged attack and who refused to testify at a criminal proceeding but went ahead with a civil case to be rather distasteful.

^-.-^

So you're saying that promiscuous women can't be raped?

Regardless of the alleged victim's past, Bryant's defense team attacked her credibility, leaked her name, which is illegal I might add, and destroyed her in the press until she agreed to a settlement.
*EDIT*
They made her life a living hell
*/EDIT*

From Kobe's own mouth

"Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did. After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter."

[telecom_goddess]

Yup....you can be a slut, a whore, a married woman with her husband, whatever. If sex occurs without consent it's rape pure and simple.

[Andara Bledin]

No, that's not what I'm saying.

What I am saying is that the two victims share very little in common other than their ordeals; including relative apparent credibility.

[edit to add] The victim in the OP outed herself and fought for her rights and justice. The other was outed and still refused to even fight for justice, but fought for a payday in civil court, which doesn't have the same privacy protections.

^-.-^

[crashhelmet]

But what I'm saying is that by demanding all of her information, they could be going through to find whatever they can to publicly destroy her, like the Kobe Bryant Defense team did.

Humiliate her until she gives up and drops all charges

[s_stabeler]

Unfortunately, there is no 'could' about it- it's almost certain. However, the lawyers might not have much choice- if they don't offer the best defense they can for the client, they can be disbarred. Unfortunately, in rape cases, the type of person it takes to rape somebody is also the type least likely to agree to plead guilty even if their own lawyer is recommending it. So, if there is nothing the defense team can do but harass the victim, they actually have to do it.

It is despicable, though.

[crashhelmet]

Unfortunately, there is no 'could' about it- it's almost certain. However, the lawyers might not have much choice- if they don't offer the best defense they can for the client, they can be disbarred. Unfortunately, in rape cases, the type of person it takes to rape somebody is also the type least likely to agree to plead guilty even if their own lawyer is recommending it. So, if there is nothing the defense team can do but harass the victim, they actually have to do it.

It is despicable, though.

And if lawyers perform unethically, they can be disbarred too.

[kibbles]

Sorry but I didn't believe the "woman" in Kobe's case either JMO. He had to give a PR statement, but I think she was just out for the $$$$$$$.

Now this case is disgusting and the woman in this case should have never had her Internet searches be an issue at all.

[s_stabeler]

And if lawyers perform unethically, they can be disbarred too.

except for the fact that in this context, it is considered unethical not to do it if necessary. ( the specific rule is that lawyers must provide the best defense they can to clients. If they refuse to offer a defense (barring the client agreeing by pleading guilty) they are judged to have behaved unethically. No matter what said defense IS.

Also, the in-court confrontations are actually designed into the justice system, and to an extent the out-of-court shenanigans. Specifically, the lawyer is officially attempting to 'impeach' the witness (or rather, their credibility) by presenting evidence that the witness cannot be trusted. ( yes, i know it's the victim, but someone who isn't an attorney, the defendant, or the judge addressing a court is officially a witness) The out-of-court shenanigans are the evolution of investigating the witness.

It sucks, but it's the system we have.

[HYHYBT]

Once they had her email and Facebook and whatever, what, other than the law, is there to stop the rapist from using it in other ways?