Discussion for article #232893
There was no guard present?
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The Arizona AG’s motion referenced in this article is un-fucking-conscionable.
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If it wasn’t Arizona, I’d think the state attorney who raised this argument would be laughed out of court. They assign her to a room with 6 inmates; they leave her alone with them; they give her a phone with an unattended channel; and they argue she assumed the risk?
Good grief.
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Yes, and that was HER fault because she didn’t ASK for a guard and should have known the risk!
There is a special circle of hell reserved for those who tell a rape victim “it was your fault”. This is a particularly egregious case.
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Weisbard is an unremitting cretin and a disgusting excuse for a man.
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“Weisbard also wrote that there was no proof that the corrections officers were aware of any risk to the teacher.” But at the same time, “It makes no sense. Of course, if Plaintiff did appreciate the danger of her situation, as an employee, she could have done something about it.” Sooo, the teacher should have known of the dangers in working in a prison, but the COs are off the hook. Makes perfect sense to me…NOT. Victim-blaming, it’s what’s for dinner!
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What was she wearing?
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This can’t be real. You’ve got to be kidding me. This CANNOT be real. This has to be some kind of joke. Gotta be a Onion pseudonym that wrote this piece. HAS TO BE.
EDIT: So after a quick Google search, I’m just…I dont have any words…
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This DA is as vile as the rapist himself.
Well, yeah, we knew 'em too but that still makes it all her fault.
Wimmins belong in the home, making babies.
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Sounds like the guards set her up.
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So, the next time a MALE Prison Guard is assaulted and files a lawsuit, what are the odds they will use the same defense?
I say: .0001%
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Let’s look at the facts here.
- She’s a woman.
- She’s a woman, alone with multiple inmates.
- She’s a woman, alone with multiple inmates, armed with only a radio.
- She’s a woman, alone with multiple inmates, armed with only a radio, that doesn’t work, seeing that it was tuned to the wrong channel.
But we’re blaming HER for getting raped? Seriously, AZ, you just want to ZOOM to the front of the “What the FUCK is wrong with the people in this state???” line huh.
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This assertion would be laughable if the situation wasn’t so horrible. This is settled law. There is no bullshit exemption that says you know the risks when working with dangerous organisms, chemicals, or poisonous reptiles–and therefore the employer is free of all safety obligations? The employer must prove that they had done every reasonable thing to protect the safety of the employee. No reasonable person could possibly draw that conclusion in this case. The dereliction of duty by Arizona prison officials is self evident, and profoundly disturbing. Someone was asleep at the wheel. And the AG’s office sounds like a den of moral reprobates.
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Be careful about the path down which the author of this article is leading you. Note, the state is not dismissing the charges against the person who committed the assault, they are simply saying that the state is not at fault in the situation. Now, they may or may not be correct in that claim, but they are in no way saying it is the woman’s fault that she was raped. They are saying that she can’t sue the state because she was raped, any more than a prison guard who gets beaten up by an inmate can sue the state for that, or than a highway worker can sue the state because a motorist ran off the road and hit them, etc. The state would still pay for the medical care of those state employees, would still charge the people who caused the injuries with crimes, but those would also not be grounds to sue the state because they are known risks of your job.
“By being placed in a classroom at the complex, the officers were not placing Plaintiff in any type of situation that she would not normally face. The risk of harm, including assault, always existed at a prison like Eyman.”
I’m sorry, but as an attorney, I read that as a straight-up admission that they are routinely negligent with respect to protecting their employees, particularly women, from eminently foreseeable harm. The attorney who wrote that is a fucking moron.
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FU AAG Weisbard. You will never be AG, not even in Arizona.
May you have a vivid dream, 40 nights in a row, that the victim was your daughter or wife or some other woman you dearly love, that you had to watch the whole thing without being able to intervene, and that the first words you speak to the victim when it is all over are the portions of the motion in which you tell the victim that Arizona didn’t owe her any better security.
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I guess we can retire the whole 'blaming the victim" concept after this.
And yes, I’m gonna go there: what color is she?
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