Appalling: Man convicted of sexual assaulting 13-year-old girl after 'expert' tells jury that children hardly ever lie about sexual assault

TheRealPariah · 2012-08-08T08:38:05+00:00

That isn't legally admissible evidence in any state I know of and certainly not under the Federal Rules of Evidence.

Unconfidence · 2012-08-08T07:56:59+00:00

Well, I don't know about you guys, but the fact that she's thirteen removes any reasonable doubt that she could be making this shit up, in my mind.

Disagree and you're a pedo.

DavidNatan · 2012-08-08T09:55:41+00:00

I'm astounded that the judge is allowed to make frivolous decisions, about what constitutes an expert statement and what is hearsay/opinion/conclusion.

I'd say the judge acted as if they were under pressure by society at large to convict him, no matter what, which is as morally reprehensible as accepting a bribe on a ruling.

Public acceptance amounts to the same things money aims to provide that is - security, a job, etc. So one can argue that the judge took all his future paychecks in the form of a bribe on that particular case.

VirSaturnA · 2012-08-08T11:09:17+00:00

It's awesome how there's a criminal justice system where people don't give a shit about justice because they are trying to win points on their record so they can advance themselves in their shitty career.

BamaFan87 · 2012-08-08T04:44:34+00:00

Just gonna leave this here.

s0nicfreak · 2012-08-08T13:53:20+00:00

Actually, it is true that children hardly ever lie about sexual assault - because it's not something a child just thinks up. Think back to when you learned the facts of life - it was something like "You mean a boy puts his junk in a woman's junk?!?! EEEEWWWW!" It's not something you would just imagine up. Before that if you heard your parents getting it on you assumed they were jumping on the bed or fighting. If a child knows about the existence of sexual assault in detail, it's usually because they experienced it (or an adult coached them to give false details).

However - 13 is not a child. A 13 year old knows about sex, sexual assault and knows what can happen if they accuse someone of it. This is one of the many troubles that arise when we use the term "child" to cover anyone under 18 (when in actuality it means anyone that hasn't started puberty) - things that only apply to actual children are wrongly applied to adolescents.

2012-08-08T12:53:15+00:00

Anyone who has ever had contact with children knows children lie through their teeth. They lie, manipulate and scheme. Not because they are evil, but because they have not yet learned about morals and consequences. Children could call someone a pedophile just to avoid being grounded, and in their mind it would make perfect sense. I would be VERY careful using children as witnesses.

TheEquivocator · 2012-08-08T13:49:50+00:00

The 'expert' cited three studies—on what grounds are you impugning her?

Edit: and now people are downvoting this post without responding to it. I promise I don't care about the downvotes, but IMO this sort of "I know you're wrong, but I can't back it up" attitude tends to delegitimize one's position.

(That said, I don't think the accuser's word should ever be enough to convict someone.)

Retardditard · 2012-08-08T15:16:58+00:00

This is so appalling! 42 yo(and 14yo) DP a 13 year old girl and got off an a technicality.

blah blah blah

The State impeached I.R.(14 yo boy) with his own statement taken during the investigation and with a telephone call made by the complainant and recorded by the police. The contents of those exhibits showed a sexual relationship among the two males and the complainant.

blah blah blah

14 yo boy is a liar. No surprise there. 42 yo man takes in teenage male to use as wing boy for pedophilia pursuits. That's a new one.

ZimbaZumba · 2012-08-08T20:16:34+00:00

There a basis for appeal right there. Say 1 in 100 children have been found to lie, it does not mean that the chances of this particular child is lying is 1 in 100. It is called the prosecutors fallacy

http://en.wikipedia.org/wiki/Prosecutor%27s_fallacy

The converse fallacy would be: since only 1 in 50,000 men sexually assault children, the chances of this man having sexually assaulted this child is 1 in 50,000

Unenjoyed · 2012-08-08T14:58:02+00:00

A travesty of justice in Texas? Do go on...

modix · 2012-08-08T18:12:33+00:00

This is vouching - commenting upon the credibility of another witness. This is not allowed under the rules of evidence, and should not have been allowed. Most state case law specifically forbids this sort of thing (trust me, they love doing it for child witnesses).

Moustachiod_T-Rex · 2012-08-08T13:24:42+00:00

Wait... so a 42-year-old man has sex with a 13-year-old girl, and you're saying it's NOT sexual assault/rape?

Godspiral · 2012-08-08T14:32:49+00:00

A core problem not brought up is that its an outright lie that 2% of sexual abuse allegations are false.

The expert did point out that divorce is a major cause of false allegations, but in those circumstances more allegations are proven false than probably true and 77% are not probably true.

The core issue with child allegations is a refusal to investigate. The 2% figure comes from spontaneous recantations rather than the confrontational interrogation necessary to uncover liars.

The other problem with the expert was their blatant bias in minimizing teenagers propensity to lie. Practically everyone lies more the younger they are, partly because the young have much higher accountability pressures (rules on curfews, homework, sex, drinking), are less able to assess the consequences and probabilities of getting caught lying, and necessarily lack the philosophical wisdom to internalize the wrongness of lying.

Among adults, false sexual abuse claims are overwhelmingly made by those under 22. Its a ridiculous assumption to say that young women learn to lie about sex once they are 18.

2012-08-08T18:33:24+00:00

My parents have both been forensic psychologists for over 30 years and they specialize in sexual crimes.

What this "expert" stated is complete and pure bullshit according to all of their experiences. I've talked to my dad, especially, about how often the kid's testimony is actually being forced on them by the mom.

loony636 · 2012-08-08T05:56:06+00:00

Hi guys,

This is legally not admissible as evidence, so the appeal court was correct in striking it out. But, frankly, its probably true that people hardly ever lie about sexual assault. If anyone can quantify the number of false accusations, that would be, of course, useful, but if there are more than a few people heartless enough to lie about rape, I would be very surprised.

Either way, this is an example of a well-functioning legal system that was able to detect and rectify a miscarriage of justice, but I hope the fucker rots in jail.

Sincerely,

Random bystander

2012-08-08T16:35:28+00:00

Kids are arseholes, why wouldn't they lie about sexual assault if they know they will get away with it or gain from it?

findmethere · 2012-08-08T17:26:21+00:00

It was a silly way to go about it, but they were just trying to rebut the defense's assertion that children her age are more likely to lie about sexual assault than adults. People should really read the entire opinion posted there.

Title	Appalling: Man convicted of sexual assaulting 13-year-old girl after 'expert' tells jury that children hardly ever lie about sexual assault
Author	PierceHarlan
Upvotes	248
Comments	86
Date	August 8, 2012 3:36 AM UTC (13 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/xv1ts/appalling_man_convicted_of_sexual_assaulting/
Archive Link	https://theredarchive.com/r/MensRights/appalling-man-convicted-of-sexual-assaulting-13.1016321 https://theredarchive.com/post/1016321

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