There are 2 witnesses listed on page 2 of the formal complaint. One appears to be a nurse.
Just speculation, but the alleged incident, if true by the accuser's account, may not have been quite so obvious.Apparently not as there was hundreds of people there and they can't find even one witness. I've seen comments such as "well it was probably really dark in there" or "it could've been too loud to overhear a scuffle or argument". Well, come on... A man is forcibly raping a girl in a public place and as a juror if there's not one single witness, reasonable doubt begins to seep in. I'm sure out of 12 people, I wouldn't be the only one to . If there is some nuance to the story where the girl was isolated to a storage room or something like that, then the situation becomes more believable.
Knowing someone who has been through the process, if I were to hazard a guess, the nurse would be documenting any and all physical trauma (i.e. bruising, irritation, swelling, scratches, etc.) during the check along with noting the person's emotional state, and then to pass onto police whether in the nurse's experience if what the nurse identified is consistent with someone who has been the victim of sexual assault or at the very least confirming the probabilityof sexual contact.I wonder if they automatically do a rape kit, even if all that's reported is digital penetration. Not working in healthcare, I have no idea what the procedure is.
If you are asking is it common to be charged with a greater and a lesser offense for the same act, yes.Lawyers, please help me out. Is it common to be charged with a felony and/or a misdemeanor in these types of cases?
Just speculation, but the alleged incident, if true by the accuser's account, may not have been quite so obvious.
As Kansas defines it, rape entails engaging in nonconsensual intercourse in circumstances when the victim is overcome by force or fear.
So there may not have been any kind of violent scuffle but the accuser may claim to have submitted to advances out of fear.
Fear is tricky because it's a feeling and telling someone how they should or shouldn't feel in a situation is a slippery slope. It's also difficult for a witness to testify as to how a person felt in a given moment. And fear isn't necessarily exclusive to fear of violence. It could mean fear of losing a job, fear of having your reputation ruined, etc.
I've taken several of those mandatory sexual conduct trainings for work and school over the past 4-5 years and the way the subject is being taught today puts a huge burden of proof on the accused to prove consent. And it offers a wildly broad definition for what isn't consensual and conversely an extremely narrow defintion of what is.
Very common. The greater charge provides leverage and the lesser charge provides a fallback position to save face if the case turns out to be weak. We simply do not know what "this type of case" means, given the dearth of facts at this point.Lawyers, please help me out. Is it common to be charged with a felony and/or a misdemeanor in these types of cases?
We already VERY much have a “guilty until proven innocent” attitude when it comes to the public after someone is charged, unfortunately. Your Average Joe sees someone charged with a crime and assumes he’s guilty … people just don’t consider “innocent until proven guilty” to be inherently noble from an interpersonal perspective, if they even fully appreciate it as a legal principle.If TSJ is cleared of all charges, he should never say a word to our local press that had to get the clicks and views by posting Rape everywhere. Why did they just go right to besmurchment.. they could have used alleged in the headlines at least.
Thanks for the clarification. I'm just curious about the kit because they asked for DNA from TSJ. Not sure why they'd ask for that other than a precaution if the story that's been circulating is true.Knowing someone who has been through the process, if I were to hazard a guess, the nurse would be documenting any and all physical trauma (i.e. bruising, irritation, swelling, scratches, etc.) during the check along with noting the person's emotional state, and then to pass onto police whether in the nurse's experience if what the nurse identified is consistent with someone who has been the victim of sexual assault or at the very least confirming the probabilityof sexual contact.
This is wrong on so many levels....Just speculation, but the alleged incident, if true by the accuser's account, may not have been quite so obvious.
As Kansas defines it, rape entails engaging in nonconsensual intercourse in circumstances when the victim is overcome by force or fear.
So there may not have been any kind of violent scuffle but the accuser may claim to have submitted to advances out of fear.
Fear is tricky because it's a feeling and telling someone how they should or shouldn't feel in a situation is a slippery slope. It's also difficult for a witness to testify as to how a person felt in a given moment. And fear isn't necessarily exclusive to fear of violence. It could mean fear of losing a job, fear of having your reputation ruined, etc.
I've taken several of those mandatory sexual conduct trainings for work and school over the past 4-5 years and the way the subject is being taught today puts a huge burden of proof on the accused to prove consent. And it offers a wildly broad definition for what isn't consensual and conversely an extremely narrow defintion of what is.
A witness can be a person that says “yeah she told me he did it.” Doesn’t mean they saw the event.
Doubtful the nurse was in the bar. So they one other? I didn't catch that.
I'm not sure I'd want his kind of help...Loren Tate just said on the radio that Bill Self is doing everything he can to help TSJ.
I don’t think anyone has a problem saying that false accusations are horrible. And when an accusation proves to be false, there should be harsh penalties. However, at least for me, it was you saying that false accusations happen 3x more than real accusations now. That is just not backed up by any legitimate studies and to say so is very misleading and dangerous. Especially if you truly are in the psych/counseling field and regularly deal with these situations, then you really need to better inform yourself as your involvement has real consequences.My friend, yes, sexual assualt is deplorable and I condem it completely.
In a world that is championing behind victims and accusers, nothing wrong with counter balancing the issue by standing with those who have their lives devestated by false or ambigious allegations.
TSJ may go from a "made man" NBA player to someone who may now struggle to find an identity and provide for himself and his loved ones for the rest of his life. Very traumatic indeed.
My further zeal is being compounded by a Kansas DA that was talking about felony rape(as did every news outlet, TSJ will never recover) and now what we're hearing is that it was innappropriate touching in a very public place. Even the innappropriate part is a "he said, she said". Unfortunately the court of public opinion has already read the headlines and the worst case scenario has been etched in their minds.
If anyone knows a thing or two about how to deal with a player accused of something in Lawrence it’s Bill Self.I'm not sure I'd want his kind of help...
Very important for everyone to read this …
You'd think that the doners in Lawrence don't just donate to athletics.. grimey politician's coffers need filled.I'm not sure I'd want his kind of help...
I think you underestimate the reach of a HOF coach at Kansas for an incident that occurred within campus limits.I'm not sure I'd want his kind of help...
Eh, it's giving "out of the frying pan into the fire" vibes, unless helping just means passing info between people or giving names of potential attorneys.You'd think that the doners in Lawrence don't just donate to athletics.. grimey politician's coffers need filled.
At the same time his status is what gives him a chance of redemption with how all of this could play out. He has a tremendous amount of people that can vouch for his character. If this turns out to be a he said, she said incident, he can come out of this with less damage done than the average joe. Yes, it will hurt his stock but he’d still have a chance as a pro somewhere. There’s hope even if it might not be in an Illini jersey anymore. His future off our court is way more important and what should ultimately matter if he’s innocent. In turn, how the program supports him will impact future recruiting. We can’t control what a player does on their own but how we respond is more telling for the parents of these recruits. So far, it’s being handled the best way it can be from that perspective.TSJ may go from a "made man" NBA player to someone who may now struggle to find an identity and provide for himself and his loved ones for the rest of his life. Very traumatic indeed.
I would. The man has been getting out of trouble for decadesI'm not sure I'd want his kind of help...
It can be from any object by thier law.. you shouldn't need to much imagination on how to get to the process. Keep in mind the illinets are over dressed to go out now a'days.For it to be a rape charge it need more than an inappropriate non consensual touching. There has to be penetration as I read Kansas law. How did that happen in a bar?