tag:blogger.com,1999:blog-2361358365193630538.post2915063373474915424..comments2024-03-20T19:17:02.285-07:00Comments on IN THE NEWS: Cheer for rapist or else, appellate court rulesKaren Franklin, Ph.D.http://www.blogger.com/profile/01032855743077403199noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-2361358365193630538.post-8534498959677240072011-05-08T15:58:19.454-07:002011-05-08T15:58:19.454-07:00A clarification: the court ruled that her first am...A clarification: the court ruled that her first amendment rights were not violated. Given SCOTUS precedents, this result was guaranteed. In short, her lawyer screwed up. She can probably sue her lawyer for malpractice and force him or her to pay the $45,000 in attorney fees.<br /><br />All of this is not to say that school officials were at all reasonable in demanding that she cheer for her attacker or quit the squad. She has other potential claims. She still has legal options. I think she can make out a prima facie case for intentional infliction of emotional distress against the school officials, for instance. She can certainly sue her attacker in tort as well.<br /><br />What I really don't understand is why the school officials felt the need to take action against her for refusing to cheer her rapist. The charitable explanation is that they got some lousy legal advice and thought they might be open to liability otherwise.ndmikehttps://www.blogger.com/profile/07087337068494416248noreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-56047191192990220282010-11-07T21:52:45.043-08:002010-11-07T21:52:45.043-08:00Yep! that link works and the Kanin article, thanks...Yep! that link works and the Kanin article, thanks a bunch!FpsYhttps://www.blogger.com/profile/16018044055514649768noreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-13980057487898503872010-11-07T21:09:18.687-08:002010-11-07T21:09:18.687-08:00That's weird, I must have put in the wrong lin...That's weird, I must have put in the wrong link. Here (I hope!) is the <a href="http://www.npr.org/templates/story/story.php?storyId=124001493" rel="nofollow"> correct link to the NPR series </a> on campus rape. <br /><br />The research you mention by Lisak jibes with another really good article on this topic, Eugene Kanin'’s "<a href="http://www.springerlink.com/content/l16uq87368697r14/" rel="nofollow"> Date Rapists: Differential and Relative Deprivation </a>” from 1985.Karen Franklin, Ph.D.https://www.blogger.com/profile/01032855743077403199noreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-68335422561025812942010-11-07T18:11:25.846-08:002010-11-07T18:11:25.846-08:00Research by Dr. Lisak on the "undetected Rapi...Research by Dr. Lisak on the "undetected Rapist" was that "date rape" is not a pleasant evening gone bad because of too much alcohol. Rapists plan and preditate. They have scheme for getting their victims into a secluded place where they will be vulnerable. Alcohol is all part of this plan, intended to make the victim vulnerable.<br /><br />In a transcript of an interview with an unincarcerated rapist Lisak was able to show the modus operandi. They invited the younger girls to their frat parties and got them drinking straight away, the punch was laced with alcohol but disguised with sweet juice. They new the girls couldn't handle their alcohol. "the young ones were plastered in minutes and they were our targets". when questioned about targeted for what? the interviewee stated for sex. Even rooms in the frat houses were designated spaces prepared to take girls too for the purposes of sex. <br /><br />BTW what is the NPR series I could find that in the link. Thank youFpsYhttps://www.blogger.com/profile/16018044055514649768noreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-60353095510345808072010-11-07T15:01:10.235-08:002010-11-07T15:01:10.235-08:00I agree. When I this background while preparing th...I agree. When I this background while preparing the post, my interpretation was that the victim was considered a potentially poor witness due to intoxication. Unfortunately, date rapists know this. On college campuses, according to an <a href="http://www.ca5.uscourts.gov/opinions/unpub/09/09-41075.0.wpd.pdf" rel="nofollow">excellent NPR series</a>, they coach each other that the best weapon is not a knife or a gun, but alcohol. It's a two-for-one: Overcomes resistance and hinders successful prosecution.Karen Franklin, Ph.D.https://www.blogger.com/profile/01032855743077403199noreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-61026532067601686922010-11-07T13:47:09.626-08:002010-11-07T13:47:09.626-08:00I couldn't resist saying WTF.
I did some extr...I couldn't resist saying WTF.<br /><br />I did some extra research and found this,<br /><br />"....The State feels it's a fair resolution for the victim, and the victim agrees," said prosecutor Barlow. "I think it's a fair resolution also....."<br /><br />Does the victim really agree or has she been pressured to accept Boltons lesser plea.<br /><br />Also this,<br /><br />"...."The community at large does not know all the facts and all the details involved in the agreement," said Barlow. "Only the attorneys and the people involved. They are the ones that know and that's why everyone who was involved in this does believe it was justice and the proper thing to do."<br /><br />Justice and the proper thing to do, justice for who, it doesn't appear justice was done for the victim.FpsYhttps://www.blogger.com/profile/16018044055514649768noreply@blogger.com