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    recidiviciousAnna Merlan
    8/10/15 10:36am

    Jez legal eagles, feel free to jump in, but hasn’t there been a precedent already established that a victim’s sexual and dating history is off the table in court?

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      catyo515recidivicious
      8/10/15 10:46am

      Her past sexual history would not be admissible per Federal Evidence Rules 412-415. However, she can be required to disclose any sexual history she had with the perpetrator before the assault took place (e.g., if she consented to sex with him in the past). She can also be required to disclose any other sexual acts that may have taken place the night of the assault (to show that injuries sustained were not from the perpetrator).

      It seems the school is claiming they have a right to her sexual history because she claims that she no longer is interested in sex. However, I am still not sure how her PAST sexual history would be relevant - only her sexual history after the assault would be relevant (under their theory). Either way it is just what is sounds like - a way to intimidate, shame, harass the victim.

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      Charitybrecidivicious
      8/10/15 10:48am

      While rape shield laws are on the books everywhere in the U.S. for criminal cases, only a handful of states and the federal government have one for civil court cases. In addition, even with a rape shield law it’s possible to introduce evidence of sexual history if it meets a high bar of relevance — such as challenging a witness’s statement about sexual activity under oath or to demonstrate that someone else was responsible for the rape.

      The case here does sound extremely broad though; it sounds like they’re asking for a list of her sexual and romantic partners for her entire life, which if that’s the case sounds extremely abusive. I hope that the judge denies this request.

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    The Noble RenardAnna Merlan
    8/10/15 10:45am

    It’s times like this that I hate my legal education, because, well, if she’s asking for damages on account of a claim that she has been utterly unable to have sex since the incident, then she has to provide at least some evidence that she has been utterly unable to have sex.

    The college’s way of getting this evidence is 100% shitty and awful and they deserve all the ridicule, but they also do have a right to at least ask for some kind of evidence in a multi-million dollar lawsuit.

    Basically, :I

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      mocenaThe Noble Renard
      8/10/15 10:51am

      Agreed, I hate that I understand the logic here.

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      Burner613The Noble Renard
      8/10/15 10:55am

      Yep, totally understand your point. Once she put her claims about damage to her sex life into a complaint, it was inevitable that opposing counsel would go after that with a hammer.

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    InsertWittyScreenNameHereAnna Merlan
    8/10/15 10:33am

    If the judge allows this, I’ll be posting a link to my kickstarter to fund a cannon to shoot all those who are done with this planet to Mars. Fuck.

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      I Did Not Think This ThroughInsertWittyScreenNameHere
      8/10/15 10:36am

      #AllWomen

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      SingleGrainOfSandInsertWittyScreenNameHere
      8/10/15 10:37am

      Can I go with you? $200. to the kickstarter.

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    MissAndryAnna Merlan
    8/10/15 10:39am

    How would this not be prohibited by Virginia’s rape shield law?? Is this case in federal court or Virginia state court, and does anyone know whether Virginia extends rape shield laws to civil cases there?

    I will be surprised if the Judge forces the plaintiff to turn over this information. Or, maybe I wouldn’t be since the justice system gives fuck all about victims. But from their own words, I do not see a compelling enough interest to let them “explore” her sexual history. Even if they wanted to use it to impeach her credibility, I would argue that her lying about having consensual sex doesn’t have anything to do with her propensity to tell the truth regarding the rape allegation, or alternatively, that the prejudicial value of any such evidence grossly outweighs any relevancy.

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      DennisReynoldsGoldenGodMissAndry
      8/10/15 11:02am

      Rape shield laws apply to criminal rape cases, not cases where someone is claiming 10 million dollars in damages because a school didn’t do enough to protect them.

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      MissAndryDennisReynoldsGoldenGod
      8/10/15 11:16am

      Untrue. That’s only the case in some state jurisdictions, and in federal court rape shield laws have been extended to civil cases. Do your research.

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    KristenfromMAAnna Merlan
    8/10/15 10:38am

    How very Christian of them.

    Fuck this noise.

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      HerRoyalRednessKristenfromMA
      8/10/15 1:18pm

      I’ve found that the churchiest people are the biggest hypocrites.

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    KarynAnna Merlan
    8/10/15 10:55am

    Insert “home invasion victim” in place of “rape victim,” and let’s say you’re suing your security company for failing to prevent the damage caused by that home invasion.

    “We want you to list all other instances where you’ve had other people into your house with your consent. We feel that since you’ve put at issue the idea that THIS person invaded your home without your permission, we’re entitled to explore all other instances where you’ve had people in your home.”

    Ridiculous.

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      mocenaKaryn
      8/10/15 11:06am

      It’d be more like: “You say that you are no longer able to have people over to your house because you’re afraid based on the home invasion. Please provide a list of people that have been to your house since the home invasion.”

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      Karynmocena
      8/10/15 11:21am

      Well, except they seem to want a history of ALL her sexual partners (“at any time”), both before and after. So maybe some sick combination of the two. Especially since she’s contending she was a virgin at the time of the rape.

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    Tequila MockingbirdAnna Merlan
    8/10/15 11:23am

    Every sex partner? What is “sex”? Does fingering count? Oral? Anal? Stimulation to orgasm without PIV?

    My list would be like:

    Wayne something. Began with an H.

    Kevin Dales. And his brother Steve. Not at the same time, though.

    Eric. Had red hair, argued about condoms.

    The other Eric with the micropeen. Not sure this one counts.

    College guys. Interchangeable with brown hair. Maybe 3. Ok, 5. Or seven. TEN. Whatever. Don’t you dare slut-shame me. Drinking was involved.

    Oh crap, I forgot Mark. And his best friend Pejman. That was kind of a nasty disaster. But Mark and I reconciled 10 years later and that was pretty fun.

    Bradley. The one that got away. Miss you, boo.

    Kirk. Killed himself, so I guess he’ll make a crappy witness. Fuck you for bringing it up. Still hurts so bad.

    Kyle 1 and then right after that, Kyle 2. What are the chances?

    That guy who said he was divorced but was just separated. For a week. Separated for ONE week. What a jackass. But good technique, I must admit.

    Are we still talking? Jesus. I think I forgot some. Ok, about 10. Or so. Is that good enough?

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      badmuthaTequila Mockingbird
      8/10/15 1:15pm

      Your list made me laugh. I would guess it is like most lists.

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    AnonymousCivilPersonAnna Merlan
    8/10/15 10:36am

    Jonathan Halperin, the woman’s attorney, told Kingkade that the request is “ irrelevant and outrageous and totally inappropriate,” adding that it’s “intended to harass and intimidate the victim.” He said he will refuse to turn over the requested information unless the judge orders him to do so.

    Cue Southern (Likely Bush-Appointed) Woman Hating Judge in 3... 2... 1....

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      DennisReynoldsGoldenGodAnna Merlan
      8/10/15 10:36am

      I agree this is ridiculous to ask for this information, but I also find it equally ridiculous that she is suing the school. How do you prove a school should have stopped a rape?

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        KaeteDennisReynoldsGoldenGod
        8/10/15 10:47am

        If you disallow parties entirely, they’ll just move off campus. So parties on campus should be in public areas, and should have adequate numbers of adult chaperones to prevent students from dragging drugged victims off to their room/the basement/raping right there at the party.

        Required orientation that focuses less on handing out rape whistles to girls and telling them to travel in packs, and more on telling boys “if you do this, you are a RAPIST, it doesn’t matter if your friends think it’s funny or okay. And if we catch you or prove you did it, you WILL be kicked out and handed over to the police who we will pressure to fully prosecute you.”

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        DennisReynoldsGoldenGodKaete
        8/10/15 10:59am

        Some of what you said is a great idea, but it doesn’t answer my question in the least. Like what is “enough” effort on the school’s part to make them not liable for someone else’s actions? Like, if you instituted all of your plans and someone still got raped, would the school still be at fault?

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      JujyMonkey: Clever tagline goes hereAnna Merlan
      8/10/15 10:49am

      I’d be curious to see what this toad’s search-history looked like.

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        sallybannerJujyMonkey: Clever tagline goes here
        8/10/15 11:14am

        “neck growth cancer”

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        JujyMonkey: Clever tagline goes heresallybanner
        8/10/15 11:18am

        he might want to get that chewed off.

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