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Ex GOP Speaker of the House threatens to cross examine his victim in court if he testifies. When a defendant accused of rape states that they will cross examine the victim, they are saying that they will put on record all of the victims sexual proclivities and that, when such happens, the defense will not only prove the victim wanted it, they will have embarrassed the victim further in public. This POS ran as a family values candidate and now is threatening his victim. I hope he rots in jail for the rest of his life.
http://www.rawstory.com/2016/03/alleged-victim-of-sexual-abuse-by-ex-house-speaker-hastert-could-testify-at-sentencing-hearing/
WhiteTara
(29,699 posts)hearing. I think that victims are allowed to speak and that is it. But, I'm not a lawyer and I didn't stay at a Holiday Inn either.
Else You Are Mad
(3,040 posts)This wasn't a rape case, Hastert was accused of violating federal banking laws in order to pay off his rape victims blackmailing him. He pleaded guilty. Thus, the testimony would go to show show he was guilty of bank fraud and deserving of the penalty for that. The sentencing judge realized what the defense was threatening and said that the testimony would be limited, reading between the lines, that means the judge knew what the defendant was trying to scare the victim away because it would not only show why the Defendant committed the fraud, it would ensure, given the fact the testimony would show he raped a young child. Thus, the mere threat of having ones sexual exploits put on the record is enough to scare most victims away I am a lawyer that never stayed at a holiday inn.
WhiteTara
(29,699 posts)Else You Are Mad
(3,040 posts)The judge allowed it.
udbcrzy2
(891 posts)No cross-examination I guess because they have already been convicted and the victim impact statement is to tell the Judge how it has impacted the victim.
brewens
(13,566 posts)out to be true.
I'm from Idaho and we knew about Larry Craig long before he got caught. The guy literally oozed creepiness.
Jenny_92808
(1,342 posts)calls Bill a "nasty naughty boy"
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http://www.funnyordie.com/videos/5748df1674/larry-craigs-sexy-stall-tactics-from-thegeniuses?_cc=__d___&_ccid=f0b5c71f12026dd4
treestar
(82,383 posts)Rule 412. Sex-Offense Cases: The Victim
(a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:
(1) evidence offered to prove that a victim engaged in other sexual behavior; or
(2) evidence offered to prove a victims sexual predisposition.
(b) Exceptions.
(1) Criminal Cases. The court may admit the following evidence in a criminal case:
(A) evidence of specific instances of a victims sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence;
(B) evidence of specific instances of a victims sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; and
(C) evidence whose exclusion would violate the defendants constitutional rights.
(2) Civil Cases. In a civil case, the court may admit evidence offered to prove a victims sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. The court may admit evidence of a victims reputation only if the victim has placed it in controversy.
(c) Procedure to Determine Admissibility.
(1) Motion. If a party intends to offer evidence under Rule 412(b), the party must:
(A) file a motion that specifically describes the evidence and states the purpose for which it is to be offered;
(B) do so at least 14 days before trial unless the court, for good cause, sets a different time;
(C) serve the motion on all parties; and
(D) notify the victim or, when appropriate, the victims guardian or representative.
(2) Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed.
(d) Definition of Victim. In this rule, victim includes an alleged victim.
Else You Are Mad
(3,040 posts)Any law student that took evidence knows that, but a rape victim ashamed of what happened and doesn't want to have his history on the record doesn't know that. It is an idle threat if you know the ROE but the average person doesn't know what is and isn't admissible. Many defense lawyers use that to their advantage, and it seems that was what this attorney was going for.
treestar
(82,383 posts)they know them and will object.
And it's the kind of think people would know if we had a decent media. Or if people paid attention to the less bleeding parts of the news.
Else You Are Mad
(3,040 posts)... it wasn't that easy. I worked with victims, and no amount of media would have made a difference and no amount of 'objections' make a difference if the victim is afraid.
That is all I will say about that.
milestogo
(16,829 posts)Just think how much dirt could be under that rug.
Paula Sims
(877 posts)If so, their "sexual proclivities" are irrelevant -- RAPE IS RAPE
note: I am the survivor of a rape by one of my college teaching assistants. This one hits a little too close to home for me.
udbcrzy2
(891 posts)Depending on the victim rights laws in the state you as a victim can make a victim impact statement. If your loved one was murdered, you can make one in behalf of them too.
I gave one once and it had to be written out and the prosecutor looked it over first. Other members of my family just gave written ones that were read by a victim advocate.
Dont call me Shirley
(10,998 posts)The physical/sexual assault and the psychological attacks.
Else You Are Mad
(3,040 posts)Rex
(65,616 posts)The GOP is without a bottom.
Dont call me Shirley
(10,998 posts)does not.
Those Gall-bearers who attacked Bill Clinton need to have their closets aired out.
scottie55
(1,400 posts)Does the line of Republican Scumbags ever end?
Dooooof.
All Jeezusy and all.
Rex
(65,616 posts)Threatening a victim of rape, wow. Fuck you Dennis Hastert.
Else You Are Mad
(3,040 posts)Stroke and a 'life threatening infection' that is a start...
ProfessorGAC
(64,988 posts)At a golf course i used to play at, a husband and wife i partnered with now and then were retired teachers from the same high school.
At a couple of holiday events at the course, they showed up with him. Of course, everybody was fawning all over the big shot, but i was surprised at what a dolt he seemed to be.
Not that bright at all, and a fairly abrasive personality too.
Had the displeasure of sitting at the same table with him when one of the events was a charity thing. Ugh!