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Fall 2017 allegations against unnamed players (aka Situation 2)


DoctorB

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23 minutes ago, hsmith19 said:

Defamation almost never applies to statements made to the police or to people like college administrators. Making a false report to police is a criminal offense, though.

Could a group seek damages from the other women(the girl from Boston Univeristy) who shared a screen shot of names on Twitter? Or how about tigerboard for allowing a post that has the link to the Twitter post that has the names?  People being wreskless and purposefully sharing names of individuals accusing them of said crimes should be punishable.

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4 minutes ago, gravilst said:

Could a group seek damages from the other women(the girl from Boston Univeristy) who shared a screen shot of names on Twitter? Or how about tigerboard for allowing a post that has the link to the Twitter post that has the names?  People being wreskless and purposefully sharing names of individuals accusing them of said crimes should be punishable.

Can't believe that twitter post is still up after the lawyers have gotten involved 

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6 minutes ago, gravilst said:

Could a group seek damages from the other women(the girl from Boston Univeristy) who shared a screen shot of names on Twitter? Or how about tigerboard for allowing a post that has the link to the Twitter post that has the names?  People being wreskless and purposefully sharing names of individuals accusing them of said crimes should be punishable.

To show defamation you first have to prove the claim is false, then prove your reputation was actually harmed by the claim. So the tweet itself would have to be false and would have to have resulted in damages, apart from whether the original accusation from the girls reporting the assault was true or not.

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12 minutes ago, hsmith19 said:

To show defamation you first have to prove the claim is false, then prove your reputation was actually harmed by the claim. So the tweet itself would have to be false and would have to have resulted in damages, apart from whether the original accusation from the girls reporting the assault was true or not.

I read the original tweet and explicitly said rape and gave details on such.  So IF a rape did not occur...and IF there were proof that claim was false... would individuals who tweeted such things naming individuals and claiming they committed said crimes be liable?  

 

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2 minutes ago, gravilst said:

I read the original tweet and explicitly said rape and gave details on such.  So IF a rape did not occur...and IF there were proof that claim was false... would individuals who tweeted such things naming individuals and claiming they committed said crimes be liable?  

 

Maybe. You will still usually have to demonstrate that you suffered some actual damage to your reputation as a result of the communication. You'll also have to show the person making the statement either knew or should have it known it was false at the time they made it. That's why defamation is one of the very toughest civil causes to prevail on.

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4 minutes ago, hsmith19 said:

I don't really care if you saw it or not. Others did. And you may not have participated in this grossness at the time, but you're sure determined to defend it now (especially the part about how college girls might be hookers), which says a lot.

And never once did I say the accusations should be treated as "gospel." I said they deserve a presumption outside of criminal courts that they're telling the truth, until some evidence comes out that they made up their story. Again, it says a lot that you believe that is so unreasonable.

There has never been a college female that was a prostitute, which makes it strange that we had these two stories in the last six months.

http://www.craveonline.com/mandatory/1242527-3-college-girls-arrested-running-prostitution-ring

https://www.thesun.co.uk/news/3230816/entire-cheerleading-team-suspended-over-prostitution-claims-week-before-national-competition/

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1 hour ago, NH said:

What is the alternative? A system where if you make an accusation that's proven incorrect you're punished? That seems somewhat fair, but also difficult if you truly feel as though you've been sexually assaulted. Those who feel victimized should feel comfortable reporting it to the police and/or school authorities. Those who are accused should also feel comfortable that they will be treated fairly and justly and that if they are innocent that will be proven out.

I'm not trying to antagonize. I hear the points from you, BrianSTL and others are making.

That system is in place; it's called obstruction of justice.

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4 minutes ago, Bobby Metzinger said:

That system is in place; it's called obstruction of justice.

Highly dependent on the nature of how you're proven incorrect, as I'm sure you know. Certainly not saying you should be allowed to knowingly lie about an accusation.

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12 minutes ago, hsmith19 said:

Okay, thanks for tripling down on the hookers theory. Anything else you'd like to contribute? I mean, there have also been radical Islamist extremists who have enrolled in U.S. colleges, so maybe these girls were also part of a splinter cell for ISIS.

Could be. I am not going to assume they are hookers, Isalmisists, born again holy rollers, secularists, telling the truth or lying.  I am not going to assume the guy is telling the truth or lying, either.

That is the same way universities should operate when dealing with these situations.  They should get some facts before they start making any judgement.  If they don't operate that way, you can't have an impartial investigation.

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I really hope this just ends quickly. Ideally it doesn't go to a bunch of wannabe prosecutors who only know the word "guilty" on whatever student government court we have these days. I just don't see that ending well for anyone. I don't want a bad decision to be made and then the losing side filing a lawsuit against the university. 

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