You are just as ignorant about this case as I am.
Yet, you are making wild claims about what happened based on a very small amount of one-sided information.
I am holding judgment until there is more information.
Three high school students charged with rape
Akeam Ashford,
April 14, 2015
Three juveniles charged with rape
UPDATE:
The Sedgwick County District Attorney's office says it's seeking to try three high school students as adults, in a rape investigation.
Wichita Police took the teens into custody in February, after finding a video of the incident.
Police say the alleged incident did not happen on school property or at a school function.
Court documents show the victim was incapacitated and unable to give consent at the time because of mental deficiency or disease or the effect of any alcohol, narcotics, or another drug or substance.
According DA's office, the first suspect, a 16 year-old is charged with two counts of rape.
He is also charged with one count of misdemeanor criminal restraint for holding a second victim against their will.
Documents show suspect number two is a 17 year-old, charged with one count of rape and one count of criminal restraint.
A third suspect, also a 17 year-old is charged with one count of rape.
A judge ordered all three suspects to be held at the Sedgwick County Juvenile Detention Facility.
Records show suspect one has a pre-trial hearing set for April 22, 2015 at 8:30 a.m.
Suspect two has a pre-trial hearing set for April, 23 at 8:30 a.m., and suspect three has a pre-trial hearing set for April 21, at 8:30 a.m.
In each of the hearings a judge will determine if the suspects will be tried as adults.
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Wichita police confirm three Wichita Heights High School students have been charged with rape.
We're just now learning about the incident, which police say the students recorded in February.
Police say the case involves three students, all from Heights and that the rape was caught on video.
One student is charged with two counts of rape and one count of criminal restraint.
A second student is charged with one count of rape and one count of criminal restraint, and the third student is charged with one count of rape.
School officials say the incident did not happen on school property or at a school function.
The students involved in the report have not returned to school since the incident occurred.
http://www.kwch.com/news/local-news/three-heights-students-facing-rape-charges/32348430
You are declaring that "a rape happened" the week after an arrest has taken place before anyone has heard anything from the defense. That is a wild claim to make (based only on a brief press account).
There are a number of people who have been arrested for a crime who turn out to be innocent, and that the reason we have trials is that people accused of a crime have the right to defend themselves.
Let's get this straight Firefly,
My info doesn't come from a "news account"--it comes from listening directly to the police statements.
And, currently in the news, another rape has been uncovered thanks to videotaped evidence--this one involving high school students.
Panama City Gang Rape: A Kitty Genovese for the YouTube Era
Charlotte Lytton
04.16.15
Like the neighbors 50 years ago who looked on as a young woman was murdered, why did hundreds of onlookers just watch—and film—a gang rape this Spring Break in Panama City?
In Panama City, Florida, a horror show is playing out.
After phone footage of a girl being gang-raped in front of hundreds was discovered by cops, it has been revealed that a string of such incidents had taken place; on different days—maybe—and recorded on different phones. Among the confusion, one thing remains a constant: the profile of the victim. Young, drugged, and only aware of the nightmare that had befallen her after videos of the attack wound up online. That a trend of this nature has been allowed to proliferate is disturbing to the core.
This particular recording was found during an unconnected investigation into an Alabama shooting. The footage shows the victim being sexually assaulted by four men while crowds of Spring Break revelers look on and do nothing—except see fit to capture the attack on film. “This is not the first video we’ve recovered,” Bay County Sheriff Frank McKeithen said of the grim discovery. “It’s not the second video. It’s not the third video. There’s a number of videos we’ve recovered with things similar to this, and I can only imagine how many things we haven’t recovered.”
The girl in question contacted the authorities after she recognized her tattoos in the video of her assault on the news, prompting her to seek action against her perpetrators. She told police that she had been too nervous to file a report initially as she had struggled to remember exact details of what had taken place. McKeithen described the footage as “one of the most disgusting, repulsive, sickening things that I’ve seen...no more than a group of wild animals preying on a carcass as it’s laying in the woods.” He urged residents to “take back our beaches.”
These aren’t attacks merely restricted to beaches, though—in Panama City or elsewhere. These are assaults carried out after school, at parties, in people’s homes. The message is, increasingly, that there is no place where girls will ever be truly safe from the sexual brutality so frequently doled out by the opposite sex and that even once their nightmare appears to be over, scores of kids with camera phones will ensure it never ends.
It is not that more girls and women are being raped—according to the National Crime Victimization survey, the numbers have been in decline over the past four decades—but that with the touch of a button, someone’s personal hell can instantly become public property. The uncomfortable truth is that we have developed an appetite for viral videos truly horrific in nature: Whether it’s an unconscious girl being gang-raped, or a black man being executed by police, or a hostage being burned alive in a cage, there is now some kind of currency to be found in this grotesque cultural click bait.
We tell ourselves that seeing such acts will not desensitize us; that we need to see exactly what happened to better understand the story. But anyone who maintains that repeatedly watching the torture of innocents doesn’t make them a part of the problem is wildly misguided. We cannot make ourselves complicit in these vile acts and then pretend we are different from those who stood by and watched simply because we did so from the comfort of our homes.
One of the most disturbing things about this case is what might have happened had that phone never been seized in an unconnected arrest, in another state, one month later. How much longer would Panama City’s murky truth have slid under the radar? How many more girls would have been encouraged to spend their vacation there without knowing of its dangerous reputation? How many more lives would have been thrown into turmoil by an assault so devastating at the time and again later, after it had been broadcast to the world?
Without these foul attacks, no such videos could be taken—of that there is no question. A point must come, though, where people understand that the correct response to sexual abuse is not to shoot some grotesque home video but to help a person evidently in need. How we have reached a point where that is not abundantly clear is bewildering.
A third suspect has now been arrested: Whether any of the trio will be convicted seems, statistically speaking, unlikely. But we must try, in some small way at least, to remain hopeful for justice. Perhaps there are signs of growth to be found in the fact that this story has made both national and international news; perhaps, with the world paying attention, something might change. Yet it is unsettling, still, that such incidents are taking place. Sexual assault is wrong, and recording and sharing a sexual assault is wrong. We’re just going to have to keep saying it until people start listening.
http://www.thedailybeast.com/articles/2015/04/16/panama-city-gang-rape-a-kitty-genovese-for-the-youtube-era.html
Whether any of the trio will be convicted seems, statistically speaking, unlikely
One of the most disturbing things about this case is what might have happened had that phone never been seized in an unconnected arrest, in another state, one month later. How much longer would Panama City’s murky truth have slid under the radar? How many more girls would have been encouraged to spend their vacation there without knowing of its dangerous reputation? How many more lives would have been thrown into turmoil by an assault so devastating at the time and again later, after it had been broadcast to the world?
Without these foul attacks, no such videos could be taken—of that there is no question. A point must come, though, where people understand that the correct response to sexual abuse is not to shoot some grotesque home video but to help a person evidently in need. How we have reached a point where that is not abundantly clear is bewildering.
what do you guys think about what ended up happening with the UVA thing?
Jameis Winston Being Sued by Woman Who Accused Him of Rape in 2012
By MARC TRACY
APRIL 16, 2015
The woman who accused the former Florida State quarterback Jameis Winston of sexually assaulting her in 2012 filed a lawsuit against him on Thursday, two weeks before the N.F.L. draft.
In the lawsuit, which was filed in a state court in Orlando, the former Florida State student Erica Kinsman accused Mr. Winston of “forcible rape.” Ms. Kinsman had previously identified herself in the recent documentary “The Hunting Ground.”
Mr. Winston, who won the Heisman Trophy and led the Seminoles to a national championship during the 2013-14 season, was never questioned by the Tallahassee Police Department. Prosecutors ultimately declined to charge Mr. Winston, who said the encounter was consensual.
John Clune, a lawyer for Ms. Kinsman, said Thursday that Ms. Kinsman was not trying to affect Mr. Winston’s draft stock or future income, but that she wanted to hold him accountable.
“This is not about trying to get the most money out of Jameis Winston,” Mr. Clune said.
Had Mr. Winston been criminally charged, Mr. Clune added, “or if he had been found responsible and expelled, the need to do something like a civil lawsuit would have gone way down, and would not necessarily have been something we would have pursued.”...
The civil lawsuit filed Thursday seeks damages under four outlawed areas of behavior: sexual battery, assault, false imprisonment and intentional infliction of emotional distress. It requests a jury trial and monetary damages....
http://www.nytimes.com/2015/04/17/sports/football/jameis-winston-being-sued-by-accuser-in-alleged-rape-in-2012.html?_r=0
The Jameis Winston Rape Lawsuit Has Some Damaging New Information
April 17, 2015
Jessica Luther
On Thursday, April 16, two weeks shy of the NFL draft, Erica Kinsman filed a civil complaint against Jameis Winston, the FSU quarterback who will almost certainly be one of the draft's top picks. Kinsman is suing Winston for "sexual battery, assault, false imprisonment, and intentional infliction of emotional distress arising out of forcible rape" that she says happened early on the morning of December 7, 2012.
The lawsuit—obtained by VICE Sports and embedded at the bottom of this report—contains two new bits of information that could prove damaging for Winston. The first is then-Winston teammate Ronald Darby's remorseful Facebook message the morning after the assault—Darby is one of two FSU players who was present the evening of the assault. The second is that Kinsman's legal team has located the cab driver who took Kinsman to Winston's apartment the evening of the assault—something both the Tallahassee Police Department and state attorney's office had failed to do.
According to the suit Kinsman filed against Winston, on the evening of December 6, 2012, she met Winston—whom she did not know or recognize at the time—at a popular bar just off of FSU's campus. While there, a man who she believed to have been Winston "offered [Kinsman] a shot of an unknown liquor, which she consumed." She eventually ended up in a cab with Winston and two of his teammates, Chris Casher and Ronald Darby. Back at Winston and Casher's apartment, she says that Winston took her into his bedroom, removed her clothes, and raped her despite her protests. While Winston had her on the bed, the suit says, Darby and Casher were watching, with Casher filming part of it. The Tallahassee Police Department (TPD) did not interview Casher until November 2013 and by that time he said he had deleted the video and gotten rid of the phone.
The complaint adds a new wrinkle to this story: "Darby also entered the room but told Winston, 'Dude, she is telling you to stop,'" it reads. In response, Kinsman says, "Winston picked her up in a fireman's carry, walked her into his bathroom, deposited her onto the hard floor, and locked the door." Kinsman says that Darby then left. For the first time ever, we learn that "the next day, [Darby] posted to his Facebook page 'I feel the worst I almost felt in my life Smh #stupid.'"
On the same day in November 2013 that the TPD publicly released a heavily redacted version of the initial police report, Casher and Darby, at the behest of Winston's lawyer and before police could interview them, drafted affidavits of what they remembered from that night 11 months earlier. In his affidavit, Darby said nothing about trying to stop Winston and instead swore that after Casher "walked in Jameis' room and the girl told Chris to get out," she then "got up [and] turned off the light and shut the bedroom door." Darby was was interviewed by the TPD 2 days after giving his affidavit. In that interview he did not say anything about intervening. Instead, he backed up what he said had sworn to two days earlier.
Kinsman reported the assault to the TPD with a couple of hours, the officer noting then that Kinsman "was having a hard time remembering what exactly happen [sic] and in what order they happen [sic]."
An hour later at the hospital, while getting a rape kit done, she told a TPD officer that Winston removed her clothes, raped her in the bedroom, was interrupted by "possibly the suspect's roommate" who told him to stop, and was then taken to the bathroom where Winston continued the assault. Later that same day, she went to the police station where she once again told her story to the TPD, both in a handwritten statement and verbally to a detective.
At the disciplinary hearing FSU held in December 2014, roughly two years after the night she first reported the assault, Kinsman again recounted this same series of events: Winston undressed her, raped her on the bed, she told him no, he was interrupted when his friend intervened, he took her to the bathroom, locked the door, she struggled, he pinned her down and covered her face, and then he raped her again.
Kinsman was unable to identify her perpetrator at that time but she told the TPD things like the man's roommate's first name (Chris) and that the roommate was the only freshman starter on the football team. Those two facts alone should have been enough to find the man since Chris Casher was the only true freshman playing football for FSU. Kinsman would first learn Winston's name on January 10, 2013, when she and Winston attended the first day of class and were enrolled in the same one. She called the TPD that day and told them she now knew the man's name.
Winston has never been interviewed by the police or the state attorney's office, and refused to answer questions at the disciplinary hearing. He did read a five-page statement, though, in which he affirmed, "she willingly engaged in multiple sexual acts with me with her full knowledge and consent. I did not rape or sexually asault [Kinsman]. I did not create a hostile, intimidating, or offensive environment. In the short time period that we were together [Kinsman] had the capacity to consent to having sex with me, and she repeatedly did so by her conduct and verbal expressions."
Later, when asked by the judge overseeing the case about how Winston knew Kinsman was consenting, Winston said she did so "verbally and physically." When pressed to explain, he said, "Moaning is mostly physically. Well, moaning is physically. And verbally at that time, Your Honor."
No charges were filed in the case. Winston was found not to have violated FSU's student code of conduct. The state attorney, Willie Meggs, told the press in December 2013 at the time he announced that he was not pressing charges, "We have a duty as prosecutors to determine if each case has a reasonable likelihood of conviction. After reviewing the facts in this case, we do not feel that we can reach those burdens." A big reason for not being able to reach those burdens stemmed from police failure to investigate the crime when it was initially reported.
In her new civil suit against Winston, Kinsman has requested a trial by jury and "respectively demands judgment against [Winston] for money damages in excess of $15,000, costs, and such other and further relief as the Court may deem just and proper." The standard of evidence will not be like the criminal court Meggs would have faced had he pressed charges. It will be, rather, like the FSU disciplinary hearing, the one where the judge found them equally credible.
In this new case, though, Kinsman is clearly going to bring up a second possible sexual assault case against Winston. She first introduced this case in the lawsuit she filed against FSU in January. It appears again in this one: "On October 25, 2013, Plaintiff's victim advocate at FSU informed her that a second woman had come forward and reported being sexually assaulted by Winston."
Kinsman also appears poised to argue that FSU athletics might have intervened at some point early on. "On January 22, 2013," the complaint reads, "the FSU Athletics Department was in contact with the Tallahassee Police and learned that Winston had been identified as the suspect in Plaintiff's violent sexual assault. High-ranking members of the football department met with Winston and his lawyer, whom FSU officials arranged for Winston, to discuss the rape accusations." This mimics what she said in her suit against FSU, though it is less pointed. In January, her complaint stated that Jimbo Fisher and athletic director Frances Bonasorte among other "high-ranking FSU Athletic Department football officials" led a "deliberate concealment of student-on-student sexual harassment to protect the football program" which "deprived Plaintiff of her rights under Title IX and caused substantial damages." She said that this meant "for the next eleven months, FSU did nothing to investigate Plaintiff's report of rape while the FSU Athletics Department continued to the keep the incident a secret." Mike McIntire and Walt Bogdanich wrote in the New York Times in October 2014 that after "senior Florida State athletic officials met privately with Mr. Winston's lawyer, they decided, on behalf of the university, not to begin an internal disciplinary inquiry, as required by federal law."
Finally, it appears that Kinsman's legal team has found the cab driver from the morning of December 7 that the TPD and state attorney were unable to locate. In her complaint, Kinsman says, "the cab driver observed the Plaintiff appeared to be impaired." This is a curious sentence because, so far, no one had located the cab driver. Whether Kinsman got into the cab on her own, whether she was intimidated into getting in the cab, and whether she knew what was happening while in the cab are questions that were raised during the disciplinary hearing and by people who question whether she has lied about the entire incident and is covering up for consensual sex she later regretted. What the cab driver has to say could matter deeply in how this case is perceived, especially regarding Kinsman's ability to consent that night.
Winston's lawyer, David Cornwell, released a statement to the media on Friday morning saying, "This stunt was expected. Kinsman's false accusations have already been exposed and rejected six times. This time will be no different. Mr. Winston welcomes the opportunity to clear his name with the truth. Mr. Winston is looking forward to the upcoming draft. He will not permit this ploy to distract him as he begins the journey of fulfilling his lifelong dream of being a championship quarterback in the National Football League."
Cornwell has said in the past that Winston would possibly countersue if Kinsman ever brought a suit against his client. It appears Kinsman and her legal team, armed with the new information in their suit, are not intimidated by that possibility.
https://sports.vice.com/en_us/article/the-jameis-winston-rape-lawsuit-has-some-damaging-new-information
TALLAHASSEE, Fla. (AP) -- A former Florida State University student on Thursday filed a lawsuit against top NFL prospect Jameis Winston, saying he assaulted and raped her at an off-campus apartment in 2012.
...John Clune, a lawyer for Kinsman, said in a statement there are consequences for Winston's behavior "and since others have refused to hold him accountable, our client will."
"Erica hopes to show other survivors the strength and empowerment that can come from refusing to stay silent no matter what forces are against you," Clune said. "Jameis Winston in contrast has proven time and time again to be an entitled athlete who believes he can take what he wants. He took something here that he was not entitled to and he hurt someone."
The AP generally does not routinely identify people who say they are victims of sexual assault. However, Kinsman has told her story publicly in a documentary.
The lawsuit, which goes into detail about the 2012 incident, accuses Winston of rape, assault, false imprisonment and emotional distress.
Because the burden of proof is much lower in a civil lawsuit than in a criminal case, Kinsman could have a better chance of winning a jury verdict if it goes to trial.
David S. Weinstein, a former federal prosecutor now in private practice in Miami, said in a civil case the standard amounts to the "greater weight" of the evidence, or "merely tipping the scales in favor of the plaintiff."
In a criminal case, prosecutors must prove a person's guilty beyond a reasonable doubt, meaning jurors must be entirely convinced of guilt.
"The scales have to be tipped all the way over to the side of the prosecution," said Weinstein, who is not involved in the case.
Weinstein also said that he thought Kinsman's chances of prevailing were good, based on the detailed allegations and multiple witness statements in the lawsuit. But that doesn't mean it will be easy.
"The defense will drag her character through the mud, so this is going to be an unpleasant process for her," he said. "However, Winston has a lot to lose, so I foresee a settlement and not a trial."...
http://www.huffingtonpost.com/2015/04/16/jameis-winston-sued-rape_n_7082762.html
. I'm sure there are extenuating circumstances, perhaps the girl accepting all those penises inside her lost a bet, and she didn't want to be seen as a welsher, so she decided she would do it as long as she was unconscious because the idea of servicing those boys was too repulsive to bear. I can think of a hundred other scenarios that are equally ridiculous,