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How to prevent and defend against false rape and domestic violence charges
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Jack198 Offline
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Post: #26
RE: How to prevent and defend against false rape and domestic violence charges
(10-31-2013 04:57 PM)Sp5 Wrote:  The U.S. Congress enacted a burden-shifting rule on consent defenses for the US military a few years ago, but it got shot down by a military judge on US Constitutional grounds. For the time being, it is still the law in the USA that the prosecution must prove beyond a reasonable doubt that the complainant did not consent, and the defense of consent is allowed to be raised before the jury without any gatekeeping by the judge.

Another trend is the expansion of the definition of rape because of incapacity by intoxication. Incapacity used to mean the woman was unconscious or nearly so, unable to stand up or speak. Now, prosecutors are trying to impose a vague and shifting definition that includes ambulatory intoxication.

I know someone who does a lot of military cases and the current environment is so fucked up right now. There was a period where the definition of the crime wasn't even settled - "lack of consent" was no longer necessary to convict someone of rape. I'm not sure what the legal status is now, but he said there has been a major trend where two married service members will get caught in an affair. Since adultery is still illegal in the US military, the first thing the female member does is allege a sexual assault, whereby adultery charges against her are not filed and the male service member gets the double whammy of adultery and rape to defend against.

The SJWs of the world and their political allies refuse to acknowledge this, but it is a fact, a climate best described as "coitus regretus" in the minds of so many self-styled "victims" in the military.

(Assuming for the sake of argument that there is genuinely an epidemic of female service members getting assaulted the way we are meant to believe, Does it make sense having so many people in uniform who one minute cannot defend themselves against one alleged attacker yet are supposedly tough and competent enough pick up a rifle and join a battle against several aggressors? But I digress.)


(10-31-2013 04:57 PM)Sp5 Wrote:  The good defense lawyer has four things: (1) likes to Fight the Power; (2) knowledge of the law, especially the rules of evidence; (3) ability to thoroughly investigate the facts; (4) common sense about human behavior.

There are no other qualities you should be looking for other than those four qualities – I know great defense lawyers who are women, including lesbians, gay guys, black, white, Hispanic, etc.

I can think of one other thing - your lawyer has to be willing to go to trial, and be good at it, versus have you take a plea. Translation: pleas mean he's lazy and wants only to take your money and move the case along as quickly as possible, regardless of what's in your best interest. This behavior is too common with shitlaw solos who can't manage their own assholes and will take any case that comes across their desks just to get paid, regardless of whether or not they're competent to take it. Avoid any lawyer with too many areas of expertise in his letterhead/advertisement. This probably means half of your solo practitioners, right off the bat.

I recommend finding the best two or three crim lawyers in your area BEFORE you need them and put them somewhere in your contact list, just in case. For married guys out there, this is ditto for divorce lawyers - just don't let your wife find out.

As a side note, if you get an inkling that she's going to or file for a divorce, immediately run to the best lawyer you've made note of, describe your case to them and move on to the next one. Then pick the one you want. By this time, you've already discussed your case with the three best divorce lawyers in town and she will be "conflicted out" from using them - they will not be able to take her as a client after they've spoken to you about your case.



(10-31-2013 04:57 PM)Sp5 Wrote:  The lawyer must investigate everything about the case, the complainant, witnesses, understand the physical layout of the scene, any lab reports, police reports. Actually, the lawyer should hire an investigator to do a lot of this, because the investigator can talk to the “victim” and get her story on the record, along with any other witnesses. You can “lock in” testimony in your favor, because the investigator can testify at trial. Even though rape shield laws have limited exploration of some aspects of the complainant’s history, other aspects can be explored: past false charges, her psychiatric history, financial issues which could on motive to lie.

If you are in a social circle with the complainant, you may find some mutual friends willing to talk to you about “what she said,” dish dirt on her, or even talk her out of the charges. The latter is a delicate matter because of witness intimidation laws and if there is a no-contact order, as it could be “indirect contact,” so consult your lawyer and be careful. Still, if you could get a friend of the complainant’s to testify to her inconsistent statements or about any motive to get revenge on you, it’s golden.

Indeed - this is what Alan Dershowitz and some others did for a big Democrat donor millionaire down in FL when he got busted for having multiple teen age girls over at his mansion for sexual escapades. Dershowitz flew a team down there to start digging and whatever it was they found, it was enough to get the families of the teenageers to drop the case. He got nailed for solicitation of prostitution but it could have been much worse.

Same goes for Kobe Bryant (who in my opinion is guilty as hell). The victim in that case did not handle herself the way a victim would be expected to do so after a sexual assault. She was heard joking about the incident at a party - something Bryant's legal team used to persuade her to drop the case, no doubt. BTW, I am convinced Bryant is guilty as sin based on things I heard from the prosecution team - things I probably should not have heard. That guy is a scumbag who actually deserved to go to jail, but point is your lawyer makes all the difference - go with quality and forget recommendations from friends and neighbors without reputations and experience to back it up.

(10-31-2013 04:57 PM)Sp5 Wrote:  I told the judge I was doing it pro bono and the defendant had the right to counsel, and the DA had no standing to object. The judge wasn’t happy, but there wasn’t anything she could do to prevent me from cross-examining the complainant.

I asked a bunch of open-ended questions – When, where, what, who, why. Just to get her story on the record, on the tape recorders running in the courtroom. The complainant said she went back to the defendant’s house after the alleged rape. I asked her why she went to see him.

I'm a little surprised you ever asked "why" as that can get out of control quickly, but good going. What surprises me more is that the judge "wasn't happy." Why would she care? Or is she a self-appointed SJW man-hating twat like so many others? It's bad enough to have the prosecutors piling on but when the judge is upset at you for volunteering to represent someone for free (as lawyers are expected to do from time to time), wtf?
11-10-2014 07:27 PM
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Brodiaga Offline
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Post: #27
RE: How to prevent and defend against false rape and domestic violence charges
(11-10-2014 10:11 AM)The Reactionary Tree Wrote:  Give them the best dick of their life and they will be less likely to have regrets. We all know nowadays that sex you regret is now rape.

It's a sad situation to be in, though. Having to fuck her good to avoid rape charges, like a fucking sex slave.

I'd rather screen the girls more carefully. Any sign of craziness or potential danger? Fuck off bitch.
(This post was last modified: 11-10-2014 08:59 PM by Brodiaga.)
11-10-2014 08:58 PM
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Paracelsus Offline
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Post: #28
RE: How to prevent and defend against false rape and domestic violence charges
(11-10-2014 07:27 PM)Jack198 Wrote:  I'm a little surprised you ever asked "why" as that can get out of control quickly, but good going.

It's a traditional wise saw that you never, ever cross-examine someone with the question "Why?" - see a beautifully elegant illustration of the reasons for that principle in A Civil Action.

Having said that, I personally found in practice that the two principles that underpin never asking "Why" are:

(1) Never ask a question to which you don't know the answer or don't have a good idea as to the answer; and
(2) Unlike every other question mentioned -- who, when, where, what, how -- the interrogatory "Why" is more or less unique because it's open-ended. It doesn't suggest an answer by definition, and it encourages the witness to speculate.

On the other hand, you can sprinkle a little caution on the winds if you're indifferent to what the answer to the question is. For example, the question "Can you tell me why it is you believe your former partner is projecting thought beams into your head?" It doesn't matter what the answer to the question is because it's going to help your case no matter what she says.

(11-10-2014 07:27 PM)Jack198 Wrote:  What surprises me more is that the judge "wasn't happy." Why would she care? Or is she a self-appointed SJW man-hating twat like so many others? It's bad enough to have the prosecutors piling on but when the judge is upset at you for volunteering to represent someone for free (as lawyers are expected to do from time to time), wtf?

I can't speak for the US experience, but over here in the antipodes criminal court judges tend to be (a) biased towards the prosecution, (b) utterly annoyed about anything in their court that doesn't go the way they thought it would, and © annoyed about anything that holds up their busy schedules. Any of those could have been at play - and IMHO these are far more invidious influences than being a SJW: you can appeal obvious bias in a judge. You can't appeal systemic bias.
(This post was last modified: 11-10-2014 09:18 PM by Paracelsus.)
11-10-2014 09:17 PM
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AneroidOcean Offline
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Post: #29
RE: How to prevent and defend against false rape and domestic violence charges
I'm really very glad I read this thread.

I want to warn guys reading this thread to not let the veneer of money or "class" from a girl distract you from recognizing crazy in her.

I dated a girl who was a grandchild of a billionaire.

In the end I had to take her to court for money she owed me as well as property of mine that she kept.

I let her family's money/class overcome my view of her. I ignored the story of her ex who supposedly screwed her over (big big red flag) to a crazy degree. I ignored her other behaviour that gave this kind of thing away.

Thankfully I beta'd out of the relationship instead of catching a false rape charge or a false restraining order (can you imagine the clout she would've had through her grandfather)?

This girl stands to inherit millions some day (I'm sure it's more, but regardless) and she couldn't keep her finances in order at all despite making good money and having great support.

One day I will find her employer and garnish her wages for the judgement I received against her, although the look on her face when she lost in court was indeed wonderful.

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11-10-2014 09:34 PM
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Chewbacon Offline
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Post: #30
RE: How to prevent and defend against false rape and domestic violence charges
Is it possible for us to compile intel on different jurisdictions around the world when it comes to this?

I am thinking that this would actually be a non-negligible factor in my calculus for relocation. For example, do we know what the laws are in various Asian jurisdictions? I think they would be less anti-men, but with the rising tide of feminism over there, I have no idea.

How would somebody go about doing legal research on this? I went to law school, but I completely checked out in my legal research course.
11-10-2014 11:19 PM
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Sp5 Offline
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Post: #31
RE: How to prevent and defend against false rape and domestic violence charges
(11-10-2014 09:17 PM)Paracelsus Wrote:  
(11-10-2014 07:27 PM)Jack198 Wrote:  I'm a little surprised you ever asked "why" as that can get out of control quickly, but good going.

It's a traditional wise saw that you never, ever cross-examine someone with the question "Why?" - see a beautifully elegant illustration of the reasons for that principle in A Civil Action.

Having said that, I personally found in practice that the two principles that underpin never asking "Why" are:

(1) Never ask a question to which you don't know the answer or don't have a good idea as to the answer; and
(2) Unlike every other question mentioned -- who, when, where, what, how -- the interrogatory "Why" is more or less unique because it's open-ended. It doesn't suggest an answer by definition, and it encourages the witness to speculate.

On the other hand, you can sprinkle a little caution on the winds if you're indifferent to what the answer to the question is. For example, the question "Can you tell me why it is you believe your former partner is projecting thought beams into your head?" It doesn't matter what the answer to the question is because it's going to help your case no matter what she says.

(11-10-2014 07:27 PM)Jack198 Wrote:  What surprises me more is that the judge "wasn't happy." Why would she care? Or is she a self-appointed SJW man-hating twat like so many others? It's bad enough to have the prosecutors piling on but when the judge is upset at you for volunteering to represent someone for free (as lawyers are expected to do from time to time), wtf?

I can't speak for the US experience, but over here in the antipodes criminal court judges tend to be (a) biased towards the prosecution, (b) utterly annoyed about anything in their court that doesn't go the way they thought it would, and © annoyed about anything that holds up their busy schedules. Any of those could have been at play - and IMHO these are far more invidious influences than being a SJW: you can appeal obvious bias in a judge. You can't appeal systemic bias.

On the "why?" - In this case I had a client facing a life felony of rape. He'd already been ordered to be held on a bail he would never be able to make. So his liberty was not at stake in this hearing, although I asked that bail be revisited after that hearing based on what she said. Still did not work.

All that was at stake was an abuse prevention restraining order. There was no doubt that with rape charges pending, that order was going to be issued no matter what she said. The restraining order was a relatively small stakes game - the rape charges were the main event.

The hearing on the restraining order was just an opportunity for a free deposition of the complainant, to get her story on the record prior to the DA preparing her for trial.

In depositions, you're always asking "why?" because you're trying to discover their story and all of their facts.

There was only an upside for the defense in getting all of her story out. The transcript could be a wealth of prior inconsistent statements to impeach her with at trial, not to mention exculpatory statements.

It was the "why?" that really destroyed the case - I asked why she went back to the guy's house after she was allegedly raped - she said she wanted him to fix her car! Follow up question - did he fix your car? No.

Most of the reason the judge was not happy was that this was in a busy city arraignments session, with several cases waiting in the mid-afternoon. She knew I was going to do a deposition. To her credit, she rejected the DA's objection pretty quickly and let me proceed, even if she wasn't happy.
(This post was last modified: 11-11-2014 04:06 AM by Sp5.)
11-11-2014 04:04 AM
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DarkTriad Offline
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Post: #32
RE: How to prevent and defend against false rape and domestic violence charges
Great thread
11-11-2014 10:36 AM
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Jack198 Offline
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Post: #33
RE: How to prevent and defend against false rape and domestic violence charges
(11-11-2014 04:04 AM)Sp5 Wrote:  In depositions, you're always asking "why?" because you're trying to discover their story and all of their facts.

There was only an upside for the defense in getting all of her story out. The transcript could be a wealth of prior inconsistent statements to impeach her with at trial, not to mention exculpatory statements.

It was the "why?" that really destroyed the case - I asked why she went back to the guy's house after she was allegedly raped - she said she wanted him to fix her car! Follow up question - did he fix your car? No.

Most of the reason the judge was not happy was that this was in a busy city arraignments session, with several cases waiting in the mid-afternoon. She knew I was going to do a deposition. To her credit, she rejected the DA's objection pretty quickly and let me proceed, even if she wasn't happy.

Nice. Makes perfect sense to do what you did.
11-11-2014 08:13 PM
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AneroidOcean Offline
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Post: #34
RE: How to prevent and defend against false rape and domestic violence charges
I didn't think that this was worth a new thread and this one seemed to be the most relevant so here goes:

I came across an article today on the smoking gun covering a unique case. It's quite old (from 2011) but relevant. A man had charges dropped against him with a unique twist in documenting a suspicion:

Original link here, article quoted in full below:

Quote:JUNE 9--In an embarrassing about-face, federal prosecutors yesterday abruptly dropped criminal charges against an Indiana man who they accused of bugging his ex-wife’s automobile.

The FBI last Friday arrested David Voelkert, 38, largely on the basis of messages the South Bend man recently exchanged with a purported 17-year-old Facebook friend named “Jessica Studebaker.”

In fact, the “Studebaker” account was created last month by Voelkert’s ex-wife Angela, 29, in an apparent bid to extract information she could use against him in an ongoing child custody fight.

As described in an FBI affidavit, David Voelkert’s Facebook correspondence with “Studebaker” included an admission that he had placed a GPS device in his ex-wife’s vehicle to surreptitiously monitor her movements. He also wrote about his desire to “find someone to take care of” Angela, and told “Studebaker” that “you should find someone at your school…that would put a cap in her ass for $10,000.”

For her part, Angela Voelkert sought to use the Facebook exchanges against her ex-husband. In a June 1 Superior Court application for a restraining order against him, Voelkert attached several pages of Facebook messages exchanged between “Studebaker” and David Voelkert. The messages showed her ex-husband telling “Studebaker” about the tracking device, as well as his concern the teenager could “get arrested as an accessory to all this.”

Voelkert spent four days in custody until federal prosecutors moved yesterday to drop charges against him. He was freed after proving to investigators that he knew all along that his ex-wife was the one sending him messages from the “Studebaker” account. Voelkert explained that he played along with the ruse so that he could use his ex-spouse’s machinations against her in their custody case.

To support this contention, Voelkert provided FBI agents with a May 25 notarized affidavit in which he describes receiving a friend request from “Jessica Studebaker,” whom he suspected was his ex-wife. “I am lying to this person,” he stated, “to gain positive proof that it is indeed my ex-wife trying to again tamper in my life.” He added, “In no way do I have plans to leave with my children or do any harm to Angela Dawn Voelkert or anyone else.”

The allegedly incriminating Facebook messages sent by Voelkert came on May 31, six days after his sworn affidavit was notarized. Voelkert kept one copy of the affidavit, and gave a relative a second copy for safekeeping.

Federal investigators, who interviewed the bank employee who notarized the affidavit on May 25, confirmed that the document was authentic, triggering the government motion yesterday to dismiss Voelkert’s case. “The request is based upon information learned in the government’s ongoing investigation of the case,” wrote prosecutor Jesse Barrett, who declined to comment about the matter when contacted by a TSG reporter.

Magistrate Judge Christopher Nuechterlein yesterday signed an order dismissing the case against Voelkert.

The “Studebaker” account remains on Facebook and includes the above image of an unknown girl. The profile claims that she is 17, has worked at Subway, and attends James Whitcomb Riley High School in South Bend. In a May 24 post, “Studebaker” claimed to be “Sittin in study hall bored out of my freakin mind.”

At press time, she currently has 63 friends, one of whom remains David Voelkert. (3 pages)

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04-20-2016 07:05 PM
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Sp5 Offline
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Post: #35
RE: How to prevent and defend against false rape and domestic violence charges
Came across this on YouTube. From Australian 60 Minutes.
An utterly psychopathic liar put a guy in prison for years.
She had made false accusations before.
Was fucking a cop, who white-knighted for her and got the other cops onboard until hero woman detective (no sarc) saw through the bullshit.
This is one-half #believeallwomen and one half #CopsaretheBiggestGang.

Shows how extreme things can get.
One thing not mentioned: the defense lawyer, who must have sucked.

I will spare you the suspense for the happy ending: the liar ends up going to prison



(This post was last modified: 04-19-2019 09:26 AM by Sp5.)
04-19-2019 09:25 AM
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