Discussion for article #239258
“Oh no problem sirs, here’s my first partner’s name: Fuck You.”
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How about the college be forced to name every alleged and proven rapist they’ve ever let through their doors and ignored…
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Are they asking or demanding, TPM? Also, what was the victim wearing?
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“… feels compelled to explore Plaintiff’s sexual history.”
Creepy choice of words as well. This lawyer has a future working for the GOP.
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Yeah, it’s appalling. But it’s also a typical legal tactic to intimidate someone into dropping a suit. (And also a way to get other people from never suing in the first place.)
Hardball law is disgusting.
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It’s also typical of how the country operates. A man rapes a woman, she is usually seen as being at fault for “leading the man on”. As a nation, we tend to worry more about how rape impacts a man’s life than a woman’s. Never mind the fact that being the victim of rape can lead to PTSD and a lifetime worth of emotional and physical problems.
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Ken Starr is eagerly awaiting Bill Clinton’s name on the list.
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Bet a lot of future donations went up in smoke when this response was revealed.
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Usually I dislike profanity but…
BULLSHIT! BULLSHIT! BULLSHIT!
"it wanted to talk to her first partner after the assault to confirm the “trauma she claimed to have endured after being raped,” "
Yeah, like I’m sure she made certain that the next person she had sex with was a person well-quaified to confirm the trauma, such as a psychiatrist, or maybe someone who had been first after another person’s rape so he could compare them.
Again I say: BULLSHIT!!!
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To a robbery victim: “You say you were robbed? Well, then, I want a record of all your wages and financial transactions.” In either instance it’s ridiculous to require irrelevant information, although in this case Wesleyan asking for intensely personal information is just another form of sexual abuse.
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Actually, her best response might be to claim celibacy caused by the rape trauma and make them prove otherwise.
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It’s rape case. The victim is suing an institution for the consequences of that rape One the institution did little to prevent and did even less after the fact. How is this shaming effort going to help? Sounds like VW hired a “scumbag” lawyer to to “dirt bag” his way through the case. I doubt its a good move.
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Indeed.
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Actually, if you dig into this story a bit deeper you see that the college (in interrogatory #21) does ask Jane Doe to provide the names of witnesses that can give testimony as to what Ms Doe was wearing on the night of the alleged rape.
https://lintvwavy.files.wordpress.com/2015/08/document-plaintiffs-motion-for-protective-order.pdf
edited to provide a link to the plaintiff’s motion.
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Ok then … I’ll try and help you finish —
HORSESHIT-DUCKSHIT-BATSHIT-WEASELSHIT-CATSHIT-DOGSHIT-PIGSHIT-DEERSHIT…
Well … Just a lot of SHIT ! –
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Exactly, if the next person she had sex with says she was really into it and aggressive then I guess that somehow proves she wasn’t raped.
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This is the discovery process here, people. It doesn’t have to be admissible evidence itself, just reasonably calculated to lead to the discovery of admissible evidence. Here, she’s made claims that she suffered trauma and subsequent people she’s in a relationship with will have observed (or not observed) evidence thereof. A good judge can keep this on track and disallow the use of the information in the manner people are assuming it’s intended to be used…can keep it focused on whether the person she’s in a relationship with can corroborate her claims of suffering long-term emotional distress and whether it is leading to physical manifestations (like insomnia, headaches, etc.), inability to work, affecting relationships, etc. The proper way to go about this is to first have depositions and if the witnesses have nothing to offer or it appears the defendant is trying to stray into other matters to be used as a smear, then it can be shut down, motions to preclude/exclude can be filed and, if the defendant goes off the reservation while the witness is on the stand at trial, the judge can instruct the jury that the plaintiff’s sexual history is not relevant and could even sanction the defendant. But yes, you do have to prove the trauma to get your money…it can’t just be assumed that you’re suffering trauma, no matter how much it “just makes sense”…particularly in states where severe emotional distress must be accompanied by physical ailments in order to recover damage. The nature, extent and character of that trauma is an important factor in assessing damages, and the defendant is entitled to explore whether and to what extent people in her life can corroborate her claims (as long as that’s really what they’re trying to do). Is it a delicate and touchy matter that the judge and attorneys need to handle in a very careful and sensitive manner? Yep. But there IS relevant evidence involved here and it’s perfectly reasonable as long as it’s kept under control by the judge and not allowed to venture into “shaming” territory.
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“Were you flashing your money around?”
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Here’s the attorney’s site! Let’s email him and ask about his previous partners before he and his husband got married!
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