Author Topic: Kavanaugh - Is corroboration for sexual assault required?  (Read 4802 times)

0 Members and 1 Guest are viewing this topic.

Offline Jarnhamar

  • Army.ca Subscriber
  • Army.ca Legend
  • *
  • 267,676
  • Rate Post
  • Posts: 10,319
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #50 on: October 03, 2018, 09:05:01 »
Good point, yes big distinction.

Another article about the 3rd witness who appears to be a bit less than 100% credible.


https://www.dailywire.com/news/36571/ap-provides-evidence-swetnick-tried-swindle-james-barrett?utm_source=facebook&utm_medium=social&utm_content=062316-news&utm_campaign=benshapiro
There are no wolves on Fenris

Offline Rifleman62

    Retired.

  • Army.ca Subscriber
  • Army.ca Veteran
  • *
  • 85,885
  • Rate Post
  • Posts: 2,853
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #51 on: October 03, 2018, 12:20:48 »
She didn't refuse (obviously) but asked if there was any way the interviews could have been conducted at her home so she could "avoid" flying. That's quite a big distinction - refusing vs avoiding.

She was asked several times how she wanted her testimony to be heard, various options, including committee investigators going to a location of her choice,incl CA. It appears that her legal representation did not pass the info to he re a location of her choice.
Never Congratulate Yourself In Victory, Nor Blame Your Horses In Defeat - Old Cossack Expression

Offline Petard

  • Army.ca Subscriber
  • Army.ca Veteran
  • *
  • 28,040
  • Rate Post
  • Posts: 1,146
  • Once a gunner, always a gunner
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #52 on: November 04, 2018, 18:16:42 »
This recent episode of the “nature of things” on memory certainly challenges some of the established practices of collecting, and accepting, eye witness testimony

https://youtu.be/1W5vhzp92ZQ

Offline Larry Strong

  • Army.ca Veteran
  • *****
  • 225,981
  • Rate Post
  • Posts: 1,674
  • 546 days from 0 to being King of the Castle
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #53 on: November 04, 2018, 18:47:25 »
Quote
One of Justice Brett M. Kavanaugh’s accusers admitted this week that she made up her lurid tale of a backseat car rape, saying it “was a tactic” to try to derail the judge’s confirmation to the Supreme Court.

More at link...

https://globalnews.ca/news/4628088/brett-kavanaugh-rape-accusation-lie/


Cheers
Larry
Proud sponsor of the Maple Leaf Legacy Project. http://www.mapleleaflegacy.ca

Offline FJAG

  • Army.ca Veteran
  • *****
  • 161,080
  • Rate Post
  • Posts: 1,838
  • Ex Gladio Justicia
    • WordPress Page
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #54 on: November 04, 2018, 19:00:06 »
This recent episode of the “nature of things” on memory certainly challenges some of the established practices of collecting, and accepting, eye witness testimony

https://youtu.be/1W5vhzp92ZQ

They taught me in law school thirty-five years ago that eye witness evidence is amongst the least reliable.

 :cheers:

Illegitimi non carborundum
Semper debeatis percutis ictu primo
Access my "Allies" book series at:
https://wolfriedel.wordpress.com

Offline Petard

  • Army.ca Subscriber
  • Army.ca Veteran
  • *
  • 28,040
  • Rate Post
  • Posts: 1,146
  • Once a gunner, always a gunner
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #55 on: November 05, 2018, 02:16:04 »
Given such testimony can be challenged on its accuracy if not its veracity, and it gets even more questionable over time, is there not some need then by prosecution to provide corroborating evidence, for example evidence that at least puts the accused at the scene of the crime?

Offline Jarnhamar

  • Army.ca Subscriber
  • Army.ca Legend
  • *
  • 267,676
  • Rate Post
  • Posts: 10,319
There are no wolves on Fenris

Offline Rifleman62

    Retired.

  • Army.ca Subscriber
  • Army.ca Veteran
  • *
  • 85,885
  • Rate Post
  • Posts: 2,853
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #57 on: November 05, 2018, 08:59:38 »
She also said she did not write (author) the accusation letter. Who did?
Never Congratulate Yourself In Victory, Nor Blame Your Horses In Defeat - Old Cossack Expression

Online Journeyman

  • Army.ca Subscriber
  • Army.ca Legend
  • *
  • 522,945
  • Rate Post
  • Posts: 12,674
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #58 on: November 05, 2018, 09:24:18 »
One of Justice Brett M. Kavanaugh’s accusers admitted this week that she made up her lurid tale of a backseat car rape, saying it “was a tactic” to try to derail the judge’s confirmation to the Supreme Court.
Hopefully, she'll be charged, convicted (if the media account proves accuraate), and held accountable for her actions;  this shouldn't be a political party issue -- although of course, it will be.
« Last Edit: November 05, 2018, 09:28:14 by Journeyman »

Offline whiskey601

  • Army.ca Veteran
  • *****
  • 26,220
  • Rate Post
  • Posts: 3,672
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #59 on: November 06, 2018, 17:41:13 »
Given such testimony can be challenged on its accuracy if not its veracity, and it gets even more questionable over time, is there not some need then by prosecution to provide corroborating evidence, for example evidence that at least puts the accused at the scene of the crime?
I do not know about the US< but in Canada it is an essential element of the offence of assault (including sexual assault) that the Crown must prove beyond a reasonable doubt that the accused was present on the date and time that the assault is alleged to have occurred. That generally requires much more than testimonial evidence of the complainant. One example outside of that might be where the accused was wearing a disguise or a mask and then a judge will have to make a determination about the location of the accused at the material time. Again, strong evidence is required. If that cannot be established beyond a reasonable doubt, there is little prospect for a conviction. This is part of the reason why convictions for sexual assault are challenging cases- usually there is only the accused and the complainant present when the alleged assault occurred. On the other hand, despite this, it rare in a trial where an accused raises this defence- usually this information is vetted by the police prior to trial.  The police have a duty to the accused to conduct a proper investigation before the investigation turns into a trial...

Offline Retired AF Guy

  • Army.ca Veteran
  • *****
  • 35,655
  • Rate Post
  • Posts: 1,554
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #60 on: November 06, 2018, 19:43:48 »
She also said she did not write (author) the accusation letter. Who did?

My understanding is that Ford told some other people/friends and one of them leaked it to the media.
Years ago, fairy tales all began with, "Once upon a time." Now we know they all began with, "If I'm elected."

Carolyn Warner

Offline Fishbone Jones

    MSC -3325.

  • "Some people will only like you if you fit inside their box. Don't be afraid to shove that box up their ass."
  • Army.ca Subscriber
  • Army.ca Myth
  • *
  • 268,277
  • Rate Post
  • Posts: 18,266
    • Army.ca
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #61 on: November 07, 2018, 10:58:25 »
My understanding is that Ford told some other people/friends and one of them leaked it to the media.

You'll want to watch the committee hearings on that one. While it's still uncertain who leaked it, there may be evidence that Feinstein staffer Heather Sawyer leaked Ford’s letter to the media in violation of Senate Rule 29(5).

Now that the liberals control the House, we'll have to see whether they form a committee to investigate the leak. I'm guessing no, but that's a guess.

I have a feeling this will just quietly go away and be forgotten. The originators and enablers got the mileage they wanted out of the bogus testimony and false sexual allegations. Ford and the others are of no account to them now. Cast to the curb, so to speak, having served their purpose.
+150
Diversity includes adverse opinions, or it is not diversity.
Inclusive includes adverse opinions, or is not inclusive.

Offline Rifleman62

    Retired.

  • Army.ca Subscriber
  • Army.ca Veteran
  • *
  • 85,885
  • Rate Post
  • Posts: 2,853
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #62 on: November 07, 2018, 14:56:09 »
This is the Senate inquiry (GOP), not the House of Representations (now Dems). Don't thing this will go away as two accusers, and one lawyer so far have been referred to the DOJ/FBI. Other referrals in progress by Senator Grassley.
Never Congratulate Yourself In Victory, Nor Blame Your Horses In Defeat - Old Cossack Expression

Offline Fishbone Jones

    MSC -3325.

  • "Some people will only like you if you fit inside their box. Don't be afraid to shove that box up their ass."
  • Army.ca Subscriber
  • Army.ca Myth
  • *
  • 268,277
  • Rate Post
  • Posts: 18,266
    • Army.ca
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #63 on: November 07, 2018, 18:02:27 »
This is the Senate inquiry (GOP), not the House of Representations (now Dems). Don't thing this will go away as two accusers, and one lawyer so far have been referred to the DOJ/FBI. Other referrals in progress by Senator Grassley.

I wasn't aware that the GOP had started a special committee to look into these false allegations. I didn't think they would be doing it while an active DOJ/FBI investigation is ongoing. The Senate Committee that this fell out of was the Confirmation Hearing for Kavanaugh. He's confirmed, that's over.

If I've got my wire crossed, please point me in the right direction. Tanks!
Diversity includes adverse opinions, or it is not diversity.
Inclusive includes adverse opinions, or is not inclusive.

Offline Brad Sallows

  • Army.ca Veteran
  • *****
  • 60,915
  • Rate Post
  • Posts: 3,649
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #64 on: November 08, 2018, 17:32:24 »
There is no special committee.  Grassley is chairman of the Senate Judiciary Committee, which held the hearings.

Which DOJ/FBI investigation do you mean?  The referrals have nothing to do with Mueller's investigation.

What does the hearing being over have to do with not potentially prosecuting people for making false allegations?
That which does not kill me has made a grave tactical error.

"It is a damned heavy blow; but whining don't help."

Despair is a sin.

Offline Fishbone Jones

    MSC -3325.

  • "Some people will only like you if you fit inside their box. Don't be afraid to shove that box up their ass."
  • Army.ca Subscriber
  • Army.ca Myth
  • *
  • 268,277
  • Rate Post
  • Posts: 18,266
    • Army.ca
Re: Kavanaugh - Is corroboration for sexual assault required?
« Reply #65 on: November 09, 2018, 13:27:07 »
There is no special committee.  Grassley is chairman of the Senate Judiciary Committee, which held the hearings.

Which DOJ/FBI investigation do you mean?  The referrals have nothing to do with Mueller's investigation.

What does the hearing being over have to do with not potentially prosecuting people for making false allegations?

Okay. If you say so. I'll try digest your reply later, it's just not making sense to me right now, especially how you got Mueller involved.

Diversity includes adverse opinions, or it is not diversity.
Inclusive includes adverse opinions, or is not inclusive.