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I NEED HELP/ A LAWYER: Sexual Assault Charges
#51

I NEED HELP/ A LAWYER: Sexual Assault Charges

Obviously, follow whatever advice YOUR lawyer gives you. Discuss the possibility of filing a civil action for defamation and malicious prosecution. It's not going to be cheap, but a viable possibility nonetheless.
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#52

I NEED HELP/ A LAWYER: Sexual Assault Charges

Update?
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#53

I NEED HELP/ A LAWYER: Sexual Assault Charges

Update incoming:

It's been a pretty busy and stressful past few weeks to say the least, but now that I'm at home again I have time to describe the situation.

I recently found out Title IX was a machination of Obama's in some sort of misguided attempt to cash in on the recent "rape fever" and bullshit statistics of "1 in 5 college girls is raped". It does so by slashing much of the due process for the respondent and lowering the burden of proof by 49%. If 51% of the evidence points to the respondent, then they are declared guilty. In what country 51% is due process, I don't know. North Korea maybe? This does fall in line with Obama's trend of restrictions to internet freedoms and increases in monitoring communications. I used to think the Democrats weren't so bad. Anyway I'm going to end the rant here with an obligatory Thanks Obama!

To those commenters who have been saying something is fishy here, just like my lawyer did. Congratulations, you win the foresight prize.

When I was pretty drunk and emotionally upset about a breakup, I went to a party and bad decision, I know, I told the bf of one of the girls who is charging me about this. Later, I also found out that she told him it was sexual assault. Even later, one of my friends on campus in the same frat as the bf told me that the bf showed him a text reaching out to the 2nd girl who is charging me. I am very lucky to have found out about this the week before the interviews. Before you beat me up about this, don't bother. You can't tell me anything I haven't already told myself. I've learned my lesson here. My friend was interviewed by the school because I named him, but I also gave him a heads up and he wasn't mad about being dragged into this at all.

Last week I went and did the interviews. Let me tell you, this experience has opened my eyes tremendously. As soon as I walked in for the first, I could smell the bias on the investigators. It reeked. One of them was a dad-bod hipster looking fucker wearing suspenders and SHORTS. That aside, he was giving me the stank eye through the entire process. All my facts added up because they were true. Thank god I kept the texts from two years ago. I never understood why the woman investigator kept acting happy and upbeat like it was almost a college admissions interview. Hell, all three of the women I encountered through both interviews acted like this. It was so transparent given the issue we were discussing. I expect it was meant to make me lower my guard.

For the most part, the interviews proceeded exactly as my lawyer predicted. He is one of the best. The worst part, however, was yet to come. After the second interview concluded, the Title IX coordinator and some other woman came in and notified 2 MORE GIRLS had filed charges against me. This happened shortly after the bf of the girl attempted to harass me twice. I sent the Title IX coordinator an email and she said she notified them. Was it a coincidence that 2 more girls charged me just a few days after this incident? I think not. One was for making me "put her leg" on me. I hadn't even kissed her. These two extra charges made it so they had to bump my class year down to 2018 and I had to leave campus and skip senior week. I wasn't sad at all to leave campus, but leaving my friends prematurely sucked. This weekend the "put her leg" girl dropped her charges. So now I only have 3 to worry about.


Key Takeaways:

1. Gentlemanly Discretion, ie keep my fucking mouth sealed.

2. Invest in an audio recorder and keep on person during all encounters with US college age females. (I've become really paranoid recently.)

3. Run more comfort game. (Do we even have anything on this?)

Young guys who are in college, or high school guys looking at colleges, learn from me and do not become me. This story should serve as a warning to you. Given the chance to do it over, there is no way in hell I'd go back to this college, but not just because this happened. Be smart, and don't fuck up like me.
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#54

I NEED HELP/ A LAWYER: Sexual Assault Charges

Fuck this draconian matriarchy - this our Handmaiden's Tale and not theirs - we are already beginning to live in their bullshit.
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#55

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-17-2017 12:51 PM)Beowulf Wrote:  

It does so by slashing much of the due process for the respondent and lowering the burden of proof by 49%. If 51% of the evidence points to the respondent, then they are declared guilty. In what country 51% is due process, I don't know. North Korea maybe?

Since you're not going to prison here, you're being held to the same preponderance standard you'd be held to in civil court, rather than criminal court. This is something people should understand: even if you aren't guilty of a bogus accusation, it doesn't mean you can't/won't be sued, and you might lose if you don't keep your records in order.

Quote:Quote:

Later, I also found out that she told him it was sexual assault.

Ring-a-ding-ding. As I said, she's got to save her reputation.

Quote:Quote:

Even later, one of my friends on campus in the same frat as the bf told me that the bf showed him a text reaching out to the 2nd girl who is charging me.

...and Captain Save-A-Hoe fails to draw the correct inference and decides to help her "get" you.

Quote:Quote:

After the second interview concluded, the Title IX coordinator and some other woman came in and notified 2 MORE GIRLS had filed charges against me. This happened shortly after the bf of the girl attempted to harass me twice.

Please define "attempted to harass me", if you don't mind.

Quote:Quote:

Key Takeaways:

1. Gentlemanly Discretion, ie keep my fucking mouth sealed.

2. Invest in an audio recorder and keep on person during all encounters with US college age females. (I've become really paranoid recently.)

3. Run more comfort game. (Do we even have anything on this?)

4. If you're on the other end of this, the male hearing a plea of victimization, do not get involved and make a fool of yourself on her word alone.

If Captain Save-A-Hoe is harassing you and put three women up to making frivolous accusations against you, I'd be tempted to consider suing him. After all, you plainly told him the two of you hooked up, he had no valid reason to believe her story over yours.

As an aside, I have a one-touch recorder widget set up on my phone, as well as automatic call recording. It all goes to cloud storage and I manually purge it periodically. Obviously, make sure your local law permits this, and I hate being like that, but there are a variety of reasons you will find out you need it. Keep records like Rainman counts toothpicks.

Hidey-ho, RVFerinos!
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#56

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-17-2017 01:57 PM)Jetset Wrote:  

Quote: (05-17-2017 12:51 PM)Beowulf Wrote:  

It does so by slashing much of the due process for the respondent and lowering the burden of proof by 49%. If 51% of the evidence points to the respondent, then they are declared guilty. In what country 51% is due process, I don't know. North Korea maybe?

Since you're not going to prison here, you're being held to the same preponderance standard you'd be held to in civil court, rather than criminal court. This is something people should understand: even if you aren't guilty of a bogus accusation, it doesn't mean you can't/won't be sued, and you might lose if you don't keep your records in order.

Quote:Quote:

Later, I also found out that she told him it was sexual assault.

Ring-a-ding-ding. As I said, she's got to save her reputation.

Quote:Quote:

Even later, one of my friends on campus in the same frat as the bf told me that the bf showed him a text reaching out to the 2nd girl who is charging me.

...and Captain Save-A-Hoe fails to draw the correct inference and decides to help her "get" you.

Quote:Quote:

After the second interview concluded, the Title IX coordinator and some other woman came in and notified 2 MORE GIRLS had filed charges against me. This happened shortly after the bf of the girl attempted to harass me twice.

Please define "attempted to harass me", if you don't mind.

He got physically confrontational, obviously and aggressively attempted to engage me in conversation and generally attempted to block me off from where I was going. Luckily I had friends as witnesses when he was there. Even grabbed my shoulder at one point. No actual physical assault though.

Thanks for the legal clarification.
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#57

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-17-2017 02:14 PM)Beowulf Wrote:  

He got physically confrontational, obviously and aggressively attempted to engage me in conversation and generally attempted to block me off from where I was going. Luckily I had friends as witnesses when he was there. Even grabbed my shoulder at one point. No actual physical assault though.

OK, yeah. Guy's a legit dumbfuck. Sorry this happened.

Hidey-ho, RVFerinos!
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#58

I NEED HELP/ A LAWYER: Sexual Assault Charges

Jesus christ this shit is fucking scary - dude's do anything to save a hoe and try to get pussy.

Hopefully you beat these bullshit charges, I hope for your sake your name hasn't been put out there in the media yet.

If these charges are dropped, I would go on the offensive sue the living shit out of these cunts and the school.
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#59

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-17-2017 01:57 PM)Jetset Wrote:  

As an aside, I have a one-touch recorder widget set up on my phone, as well as automatic call recording. It all goes to cloud storage and I manually purge it periodically. Obviously, make sure your local law permits this, and I hate being like that, but there are a variety of reasons you will find out you need it. Keep records like Rainman counts toothpicks.

Doesn't matter if local law does not permit this - even a full illegal porn recording is better than a rape accusation. Facing the lesser charges of illegal taping is far better and usually the authorities are too busy with shelving the fake rape allegation than to charge you for something minor, which essentially saved your butt and proved your innocence - also proved that the bitch was lying.
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#60

I NEED HELP/ A LAWYER: Sexual Assault Charges

Many states have one party recording laws meaning that you can record a conversation without the other party knowing as long as you're part of the conversation.
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#61

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-17-2017 04:16 PM)Zelcorpion Wrote:  

Doesn't matter if local law does not permit this - even a full illegal porn recording is better than a rape accusation. Facing the lesser charges of illegal taping is far better and usually the authorities are too busy with shelving the fake rape allegation than to charge you for something minor, which essentially saved your butt and proved your innocence - also proved that the bitch was lying.

I'd never intentionally advise anyone to commit a felony, but your point is obviously well-taken.

With that in mind, note that some jurisdictions will fight the admission of unlawful recordings as evidence, so now you're potentially facing an uphill battle on the fake felony and admitting to a real felony just for the LOLs, depending on how dead the prosecutor is inside. Finding another approach might be preferable.

Hidey-ho, RVFerinos!
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#62

I NEED HELP/ A LAWYER: Sexual Assault Charges

The issue of how to demonstrate your innocence is discussed in the book I recommended a few posts ago; Campus Rape Frenzy. Though it offered no solution, it lamented the burden of proof placed on the accused (as opposed to the prosecution which is of course a tenet of legal practice).

Just how does one prove that the sex act was consensual without a third-party witness, and without recording the event in audio or video form?

There is no concrete other way for an accused man to prove his innocence, and with the dubious legality of recording an encounter, an even stronger thump depresses one side of the scales.
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#63

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-17-2017 05:45 PM)griffinmill Wrote:  

The issue of how to demonstrate your innocence is discussed in the book I recommended a few posts ago; Campus Rape Frenzy. Though it offered no solution, it lamented the burden of proof placed on the accused (as opposed to the prosecution which is of course a tenet of legal practice).

Just how does one prove that the sex act was consensual without a third-party witness, and without recording the event in audio or video form?

There is no concrete other way for an accused man to prove his innocence, and with the dubious legality of recording an encounter, an even stronger thump depresses one side of the scales.

You should record every encounter. Just dont tell or show anyone

If you are not recording the encounter for commercial purposes or otherwise disseminate/ publish it then you have nothing to worry about.

If you have to disclose the existence of an unauthorized recording (audio or even better video) in order to defend yourself from false allegations of sexual assault ...Id take whatever penalty, if any, of the recording offense

_______________________________________
- Does She Have The "Happy Gene" ?
-Inversion Therapy
-Let's lead by example


"Leap, and the net will appear". John Burroughs

"The big question is whether you are going to be able to say a hearty yes to your adventure."
Joseph Campbell
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#64

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-17-2017 03:14 PM)kaotic Wrote:  

Jesus christ this shit is fucking scary - dude's do anything to save a hoe and try to get pussy.

Second that. Forces you into a position where your trust in a man is put to the test. Seems like once a chick gets involved, all bets are off.
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#65

I NEED HELP/ A LAWYER: Sexual Assault Charges

I noticed that the "what video camera should I use for sex tapes" thread got bumped along with this one.

Let me add my two cents here.

If you're going to tape this stuff then encrypt it and stick it in the cloud. The very last thing you want to happen is to have the police turn up at your house with a warrant (possibly for something entirely unrelated) and find dozens of sex tapes, because they WILL charge you if that's the case if only to make serving the warrant seem legitimate. They hate going home empty handed.

Encrypt at a very least. Cloud store if possible. Even if the police gather up your encrypted data then they might later get a court order for you to unlock it for them, and if you refuse then the judge will throw your ass in jail for contempt.

If you don't trust cloud storage then store the data in another location.

p.s. Although this is a dubious form of evidence against a rape allegation the threat of releasing it on the interwebs might make certain parties think twice about going forward with their claims. I'm not a fan of extortion but if some cunt is trying to destroy your life when you've done nothing wrong then all options are on the table IMO.

The public will judge a man by what he lifts, but those close to him will judge him by what he carries.
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#66

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-17-2017 05:26 PM)Jetset Wrote:  

I'd never intentionally advise anyone to commit a felony, but your point is obviously well-taken.

With that in mind, note that some jurisdictions will fight the admission of unlawful recordings as evidence, so now you're potentially facing an uphill battle on the fake felony and admitting to a real felony just for the LOLs, depending on how dead the prosecutor is inside. Finding another approach might be preferable.

Yeah that's my question. Would the court even allow it as evidence if it was an unlawful recording to begin with? They wouldn't play it for the court 'just because'.

I guess you could do something like Leonard suggested and release it online to the public, so maybe you are proven innocent in the court of public opinion. But it would have to be a high profile case in the first place, otherwise your 'accidental release' of said sex tape would just end up in the spank bank of some incel while you sit behind bars.

"Once you've gotten the lay you have won."- Mufasa

"You Miss 100% of the shots you don't take"- Wayne Gretzky
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#67

I NEED HELP/ A LAWYER: Sexual Assault Charges

Better call Saul!!!


Seriously bro, Get a lawyer.
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#68

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-18-2017 12:17 PM)Vill@in Wrote:  

Quote: (05-17-2017 05:26 PM)Jetset Wrote:  

I'd never intentionally advise anyone to commit a felony, but your point is obviously well-taken.

With that in mind, note that some jurisdictions will fight the admission of unlawful recordings as evidence, so now you're potentially facing an uphill battle on the fake felony and admitting to a real felony just for the LOLs, depending on how dead the prosecutor is inside. Finding another approach might be preferable.

Yeah that's my question. Would the court even allow it as evidence if it was an unlawful recording to begin with? They wouldn't play it for the court 'just because'.

I guess you could do something like Leonard suggested and release it online to the public, so maybe you are proven innocent in the court of public opinion. But it would have to be a high profile case in the first place, otherwise your 'accidental release' of said sex tape would just end up in the spank bank of some incel while you sit behind bars.

Prosecutors at least have a great deal of discretion, so they could drop a case prior to the judge's ruling. And I don't think we are yet at the stage where a man falsely accused of rape would continue to have charges thrown at him if clear evidence, even secretly recorded evidence, proves his innocence.

I don't pretend to know the ins and outs of Californian law, but Brian Banks, the guy who spent five years in jail due to a bogus rape allegation, secretly recorded Wanetta Gibson's admissions:
http://articles.latimes.com/2012/may/25/...s-20120525

It got him exonerated, but she wasn't prosecuted for perjury or fraud (she received a massive payout from the school system as both she and Banks were in high school at the time).

His conviction was quashed, despite him being declared guilty by a court ten years before that.

The waters are murky but hopeful in this regard.

Born Down Under, but I enjoy Slovakian Thunder: http://slovakia.travel/en/nove-zamky
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#69

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-18-2017 12:17 PM)Vill@in Wrote:  

Quote: (05-17-2017 05:26 PM)Jetset Wrote:  

I'd never intentionally advise anyone to commit a felony, but your point is obviously well-taken.

With that in mind, note that some jurisdictions will fight the admission of unlawful recordings as evidence, so now you're potentially facing an uphill battle on the fake felony and admitting to a real felony just for the LOLs, depending on how dead the prosecutor is inside. Finding another approach might be preferable.

Yeah that's my question. Would the court even allow it as evidence if it was an unlawful recording to begin with? They wouldn't play it for the court 'just because'.

I guess you could do something like Leonard suggested and release it online to the public, so maybe you are proven innocent in the court of public opinion. But it would have to be a high profile case in the first place, otherwise your 'accidental release' of said sex tape would just end up in the spank bank of some incel while you sit behind bars.

A lot of evidence that isn't otherwise admissible BECOMES admissible to show perjury. Them knowing that it's out there prevents them from lying or "fudging the truth"...which may make them drop the case altogether.
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#70

I NEED HELP/ A LAWYER: Sexual Assault Charges

Saw this thread and I can relate. I dealt with false accusations of stalking because a university student didn't want to look like a slut to her over protective townie father. Luckily the parents dragged the female student to a police station; against her wishes to make an official report. When a detective came to talk to me I easily cleared it up by showing him texts and Facebook messages; as well as giving him copies.

Since it was an actual law enforcement officer, and not a university kangaroo court evidence actually mattered. He immediately closed out the case. I told him to tell the father that if he pursued anything further I'd be hiring a criminal defense lawyer with a good working relationship with the DA, and telling my lawyer to push hard to charge the daughter with filing a false police report. I also told the detective to tell the father that if he wanted to settle things "man to man" instead; then he knew where to find me. I never heard from from anyone about it again.

My advice is this:

Get a good lawyer (obviously).

Collect as much evidence about your innocence as you can. Pictures and text messages can be extremely effective. This won't necessarily save you from your college kangaroo court. But it will help you go after the school in a civil lawsuit after the fact. I know it seems hard to believe now. But this could end up being the best thing that ever happened to you. Colleges that have negligently expelled students because of false allegations have sometimes had to pay out very large settlements.

Forget about suing your accusers. They don't have anything so it will be a waste of your time and money. Parent's are very rarely responsible for their minor children's torts, and not responsible at all if their child is 18 or older.

Research your colleges code of conduct. Many colleges have ridiculously broad codes of conduct. By doing things like: getting physically & verbally aggressive, blocking your path, physically touching you without your permission; it's likely that captain save a hoe broke your schools code of conduct. Therefore he can be disciplined or perhaps expelled. You have multiple witnesses. Research your universities code of conduct, and have each witness write their own account of what happened. Have them sign and date it. If he did break your university's code of conduct report it immediately.

You might want to seriously consider investing in a camera or other surveillance system for your place. If you're going to bang a student who knows who you are, or can find out always bang at your pad first. You can even set some camera systems to automatically upload footage to the cloud. That way if you have to come back and pull up footage from two years ago it will still be there. There's a thread on RVF about anti-rape surveillance cameras that should be helpful.

"Those who will not risk cannot win." -John Paul Jones
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#71

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-26-2017 05:59 AM)mpr Wrote:  

Forget about suing your accusers. They don't have anything so it will be a waste of your time and money. Parent's are very rarely responsible for their minor children's torts, and not responsible at all if their child is 18 or older.

I agree with you 100%, but here, I would respectfully note that judgments in that state stand for 20 years. Suing an older person is often pointless since their retirement accounts are sheltered by federal law (there is a possible exception to this but it isn't relevant and would reveal OP's location, so I won't delve into it), but a new graduate is actively hunting for W-2 employment and will likely want to marry and start a family in the next 10-15 years. Those awkward conversations about wage garnishment and why they can't put their names on the starter home are going to be a pretty big incentive to get it paid ASAP.

Filing bankruptcy at 22 isn't going to speak well to future employers, either, and more than that, intentional tort judgments often cannot be discharged in bankruptcy anyway. Neither can student loans. I am not sure how the priorities work on that, but my assumption is that if he perfects his lien before the student loan companies sue, he gets paid first and the aftermath of this will follow the defendant for far longer than 20 years.

Another possible angle is that homeowners' or renters' insurance sometimes carries a personal injury clause that provides coverage for defamation. Mine does. In this case, my understanding is that an intentional tort would be excluded, but a negligent or reckless tort would get paid and bankruptcy would never come into play.

At the very least, if you're willing to spend money to pursue this, getting a judgment for an intentional tort against a new graduate is likely life-ruining for them, unless their degree was in Pre-Medieval Albanian Poetry and their life is already ruined anyway. Either way, there's a non-zero chance that Rich Dad will intervene with a checkbook to rescue their idiot offspring.

The flipside is that OP may just want to put all of this behind him. The temptation to judicially crush skulls and burn villages like it's a Robert E. Howard attempt at a courtroom drama would be overwhelming, though.

Disclaimer: I am not a lawyer in that state, but I have consulted with many lawyers in that state about collecting in a situation where these issues were in play.

Hidey-ho, RVFerinos!
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#72

I NEED HELP/ A LAWYER: Sexual Assault Charges

Quote: (05-26-2017 07:55 AM)Jetset Wrote:  

Quote: (05-26-2017 05:59 AM)mpr Wrote:  

Forget about suing your accusers. They don't have anything so it will be a waste of your time and money. Parent's are very rarely responsible for their minor children's torts, and not responsible at all if their child is 18 or older.

I agree with you 100%, but here, I would respectfully note that judgments in that state stand for 20 years. Suing an older person is often pointless since their retirement accounts are sheltered by federal law (there is a possible exception to this but it isn't relevant and would reveal OP's location, so I won't delve into it), but a new graduate is actively hunting for W-2 employment and will likely want to marry and start a family in the next 10-15 years. Those awkward conversations about wage garnishment and why they can't put their names on the starter home are going to be a pretty big incentive to get it paid ASAP.

Filing bankruptcy at 22 isn't going to speak well to future employers, either, and more than that, intentional tort judgments often cannot be discharged in bankruptcy anyway. Neither can student loans. I am not sure how the priorities work on that, but my assumption is that if he perfects his lien before the student loan companies sue, he gets paid first and the aftermath of this will follow the defendant for far longer than 20 years.

Another possible angle is that homeowners' or renters' insurance sometimes carries a personal injury clause that provides coverage for defamation. Mine does. In this case, my understanding is that an intentional tort would be excluded, but a negligent or reckless tort would get paid and bankruptcy would never come into play.

At the very least, if you're willing to spend money to pursue this, getting a judgment for an intentional tort against a new graduate is likely life-ruining for them, unless their degree was in Pre-Medieval Albanian Poetry and their life is already ruined anyway. Either way, there's a non-zero chance that Rich Dad will intervene with a checkbook to rescue their idiot offspring.

The flipside is that OP may just want to put all of this behind him. The temptation to judicially crush skulls and burn villages like it's a Robert E. Howard attempt at a courtroom drama would be overwhelming, though.

Disclaimer: I am not a lawyer in that state, but I have consulted with many lawyers in that state about collecting in a situation where these issues were in play.

Interesting!

"Those who will not risk cannot win." -John Paul Jones
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#73

I NEED HELP/ A LAWYER: Sexual Assault Charges

With great interest I read this thread and sometimes I can not believe that this can happen. Although enough time has passed since the creation of the topic, but I'm impressed because I read it at this time. I realized that it's useful to have a lawyer for different incidents. Not everyone is immune from some kind of garbage, it's a bit frustrating. But it turns out that one should always be ready...
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#74

I NEED HELP/ A LAWYER: Sexual Assault Charges

Also, if you have time go discuss your case with every fucking lawyer in the area and do not hire them. Especially the ones that specialize in these matters. This prevents the lawyers from taking on your accusers as clients.
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