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'Every district attorney’s nightmare': Two men exonerated in 1991 rape claim

pokemon_fetish

May 11, 2018
485 upvotes
/r/MensRights
https://www.usatoday.com/story/news/nation/2018/05/07/convictions-vacated-26-year-old-rape/588406002/
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Post Information
Title 'Every district attorney’s nightmare': Two men exonerated in 1991 rape claim
Author

pokemon_fetish

Upvotes 485
Comments 65
Date May 11, 2018 2:05 PM UTC
(8 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/8io012/every_district_attorneys_nightmare_two_men/
Archive Link https://theredarchive.com/r/MensRights/every-district-attorneys-nightmare-two-men.1177936
https://theredarchive.com/post/1177936
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Comments

[–]EnigmaticSmegma 134 points135 points136 points 8 years ago (36 children) | Copy Link

Eventually, additional evidence and new interviews led the woman to admit that the rape "never happened." She recanted her testimony and said her boyfriend had pressured her to falsely accuse Perry and Counts, the district attorney's office said. The woman won't face charges because the statute of limitations has expired, the Associated Press reported.

It sucks that you can ruin someone's life and get away with it if enough time passes without people realizing it.

[–]Dhorso 67 points68 points69 points 8 years ago (22 children) | Copy Link

That seems very backwards to me. Wouldn't the time limit start when they find out she's been lying?

[–]EnigmaticSmegma 51 points52 points53 points 8 years ago (2 children) | Copy Link

I agree, it's like saying "I mean, we know you were bullshitting us, but that's all in the past, amirite?"

[–]Dhorso 26 points27 points28 points 8 years ago (1 child) | Copy Link

So, for any crime that has statue of limitations. The real criminal can. One forward and go, "nah, wasn't them, let them go". And still get off the hook?

[–]Overlordduck2 1 point2 points3 points 8 years ago (0 children) | Copy Link

Not exactly because I think that’s admission of guilt but I’m sure something similar can happen

[–]my_name_is_gato 26 points27 points28 points 8 years ago (17 children) | Copy Link

That's how it works on the civil side, but not criminal. The falsely accused men could sue civilly, but the State can't prosecute.

[–]Dhorso 8 points9 points10 points 8 years ago (0 children) | Copy Link

TIL. Thanks.

[–]lightning_knight 4 points5 points6 points 8 years ago (0 children) | Copy Link

I'm certain they can recoup decades of income plus hardship from... a crackhead.

If you read more about the story, she's totally unreliable and only testified because the DA forced her to. The case was almost 100% based on her testimony and at least one of the dudes had alibis.

[–]EnigmaticSmegma 1 point2 points3 points 8 years ago (14 children) | Copy Link

Can you give me an honest ELI5 why this makes sense?

[–]my_name_is_gato 13 points14 points15 points 8 years ago (8 children) | Copy Link

Liberty (not being in jail) is a fundamental right, so it has lots of protections such as due process, the right to confront accusers, etc. The idea is that the accused gets a fair defense.

Say Dave punches Matt at a bar. 20 years later, Matt mentions this to an ambitious young DA who has Dave prosecuted. How can Dave ever put on a fair defense? Memories fade, witnesses get harder to track down with time. Camera footage would be long gone, medical records tough to find, etc.

It's not fair to Dave to have potential prosecution hovering over him for the rest of his life. The statue of limitations is a hard check on the government's power.

[–]EnigmaticSmegma 4 points5 points6 points 8 years ago (7 children) | Copy Link

Eventually, additional evidence and new interviews led the woman to admit that the rape "never happened."

Does this mean anything in this case?

[–]my_name_is_gato 3 points4 points5 points 8 years ago (6 children) | Copy Link

Not toward her criminal liability.

Civil cases have statutes of limitations but it only begins when the victim discovers or reasonably should have known. Good example is asbestos cases where decades pass before the person develops mesothelioma, but they can sue.

Criminally, the statutes put the burden on the government to discover the crime and prosecute within a certain time from the commission, not discovery. The woman committed perjury (and probably filed a false police report) back when the men were convicted. The clock started then.

[–]EnigmaticSmegma 1 point2 points3 points 8 years ago (5 children) | Copy Link

I can understand the need for such procedure, but it is still infuriating that cases like this slip through the cracks.

[–]my_name_is_gato 2 points3 points4 points 8 years ago (4 children) | Copy Link

100 percent agree. On the other hand, how many false accusers might take their lies to the grave if they face jail time? I'm not sure what the greater injustice is.

[–]EnigmaticSmegma 1 point2 points3 points 8 years ago (3 children) | Copy Link

Thankfully the Innocence Project is doing the best they can.

[–]my_name_is_gato2 points 8 years ago [recovered] | Copy Link

Yes. I used to work with them.

[–]EnigmaticSmegma2 points 8 years ago [recovered] | Copy Link

Why did you leave? Just pursuing new things?

[–]my_name_is_gato3 points 8 years ago [recovered] | Copy Link

It was a temp gig and I played a small role in a research project. Also, I wanted to practice civil litigation versus criminal law.

[–]I_ate_a_milkshake 2 points3 points4 points 8 years ago (3 children) | Copy Link

its a check on the power of criminal prosecutors. the statute of limitations exists because for certain crimes you cant convict beyond a reasonable doubt after a lot of time has passed. its about due process.

[–]EnigmaticSmegma 0 points1 point2 points 8 years ago (2 children) | Copy Link

I agree, but isn't his VERY reasonable doubt?

[–]I_ate_a_milkshake 1 point2 points3 points 8 years ago (1 child) | Copy Link

you cant start making exceptions, either. or the Rule of Law falls apart.

[–]EnigmaticSmegma 1 point2 points3 points 8 years ago (0 children) | Copy Link

Fair enough, thanks for the response!

[–]mrstickman 1 point2 points3 points 8 years ago* (0 children) | Copy Link

You know that story that keeps happening and getting posted here about some girl in some college who had a bad date with some guy in their freshman year deciding in their senior year it was sexual assault in and getting him expelled? And then he can't reasonably defend against it because who the heck remembers one bad date three years ago?

Basically, statutes of limitations are designed to prevent that sort of thing being done by the government, because the government ostensibly serves the cause of justice.

[–]Throwawayingaccount 2 points3 points4 points 8 years ago* (0 children) | Copy Link

The point of statutes of limitations is in the interest of fairness.

Suppose you pissed someone off, and they want you to go to jail for heinous crime X, which you supposedly did on Y date, at Z time.

Well luckily for you, On Y-Z, you were eating breakfast across town at your favorite restaurant, W, and could have possibly Xed at that time.

Without specifically preserving evidence, how long can you prove you were eating at W?

The point of statutes of limitations is so that the state can't just hang onto incriminating evidence forever, while exculpatory evidence is lost to the sands of time.

[–]Tedesche 34 points35 points36 points 8 years ago (1 child) | Copy Link

And USA Today still protects her by not printing her name to boot. God forbid she suffered at all, poor fake rape victim.

[–]EnigmaticSmegma 22 points23 points24 points 8 years ago (0 children) | Copy Link

I present to you three names: VanDyke Perry, Gregory Counts and Anonymous. Two innocent names smeared and a criminal one left intact. Where is the justice.

[–]Haisha4sale 9 points10 points11 points 8 years ago (1 child) | Copy Link

And she goes on to blame her boyfriend at the time?

[–]EnigmaticSmegma 10 points11 points12 points 8 years ago (0 children) | Copy Link

It's a horrible thing to accuse a man of rape, it only makes sense if a man is behind it. /s

[–]antprince 19 points20 points21 points 8 years ago (0 children) | Copy Link

said her boyfriend had pressured her to falsely accuse Perry and Counts

r/thathappened. Do you know of any men who would encourage a woman to falsely accuse another man of rape? Pathetic that even now she is refusing to take responsibility and instead blaming another man.

[–]MrComicBook 6 points7 points8 points 8 years ago (1 child) | Copy Link

Yeah I kind of find it odd that the system incentivizes being dishonest up until a specific time period. Essentially guaranteeing that they get away with false accusations then getting to come clean after a certain amount of time.

I thought justice was blind. Not deaf.

[–]EnigmaticSmegma 5 points6 points7 points 8 years ago (0 children) | Copy Link

I guess justice now depends on whether or not the subject is "trending."

[–]youwontguessthisname 3 points4 points5 points 8 years ago (0 children) | Copy Link

Hopefully these two will take her to civil court where at least her name can be public record.

[–]WilfredWells42 2 points3 points4 points 8 years ago (1 child) | Copy Link

This is like playing BS and cracking up 3 turns later

[–]EnigmaticSmegma 2 points3 points4 points 8 years ago (0 children) | Copy Link

It's like bluffing in a game of poker, but the pot is THE LIVES OF TWO FUCKING HUMANS.

[–]_pulsar 2 points3 points4 points 8 years ago (0 children) | Copy Link

And she still won't take responsibility. Fucking hell..

[–]pokemon_fetish[S] 1 point2 points3 points 8 years ago (1 child) | Copy Link

I think if we make the hashtag #Gynocentrism trend.....

/s

[–]EnigmaticSmegma 2 points3 points4 points 8 years ago (0 children) | Copy Link

How can anything be female-focused when the default is a male-focused patriarchy? /s

[–]Zoquento 71 points72 points73 points 8 years ago (1 child) | Copy Link

Yes, the DA who got hoodwinked is the victim here. Not the two men who had their lived and reputations stolen from them.

No, we should feel bad for the DA who didn't bother investigating properly before going home to his family every night for the past decades while two innocent men bore the brunt of his short-sighted zeal.

[–]pokemon_fetish[S] 10 points11 points12 points 8 years ago (0 children) | Copy Link

DA: Directed Aggression

[–]stinkfoot63 92 points93 points94 points 8 years ago (6 children) | Copy Link

"It is every prosecutor’s nightmare to convict an innocent person," Manhattan District Attorney Cyrus R. Vance, Jr. said in a statement

Yeah... that works when the cameras are rolling but what he really means is it's a nightmare when they can't suppress facts that unravel the egregious railroading of a potentially innocent convict who was nothing more than a tally on a politically ambitious prosecutor's record.

[–]pokemon_fetish[S] 29 points30 points31 points 8 years ago* (3 children) | Copy Link

I wish I could upvote this a million times.

But unfortunately my male privilege only extends so far.

About 5 inches.

E: have some gold instead, i am in a good mood.

[–]stinkfoot63 6 points7 points8 points 8 years ago (1 child) | Copy Link

Thank you!

[–]pokemon_fetish[S] 8 points9 points10 points 8 years ago (0 children) | Copy Link

Thank you!

[–]stinkfoot63 6 points7 points8 points 8 years ago (0 children) | Copy Link

I think if the ability and willingness to cut through BS were more universal there would be far fewer problems with society- because among other things, we'd be far better at selecting leaders.

Too often stories of DNA excluding convicts from the crimes they served time for include prosecutors suppressing exculpatory evidence as well as using the process as a foot-dragging tool when the truth comes out- protracting the injustice.

The thing is these people are what they do- and NOT what they say. Certain things ought to be grounds not only for immediate removal from a public office (including but not limited to DA) but also the exclusion from ever holding any position of authority if not the filing of charges.

Yet, we keep installing people who demonstrate their unfitness to have authority.

[–]locks_are_paranoid 9 points10 points11 points 8 years ago (1 child) | Copy Link

The main issue is that prosecutors legitimately believe that everyone is guilty. I knew a girl in high school who wanted to become a prosecutor. I asked her if she would ever convict an innocent person, and she said "they're always guilty."

[–]NoxHexaDraconis 4 points5 points6 points 8 years ago (0 children) | Copy Link

What a twat. Honestly hope she gets falsely accused of something so she can see how the hell that crap feels.

[–]Mr-Zero-Fucks 38 points39 points40 points 8 years ago (0 children) | Copy Link

The woman won't face charges because the statute of limitations has expired

This makes my blood boil.

[–]jasonhoblin 17 points18 points19 points 8 years ago (1 child) | Copy Link

"The woman won't face charges because the statute of limitations has expired, the Associated Press reported. "

[–]Perfuckio 2 points3 points4 points 8 years ago (0 children) | Copy Link

Makes zero fucking sense.

[–]HotDonkey_420 27 points28 points29 points 8 years ago (5 children) | Copy Link

I hope that woman has a lot of money so these men can sue her into a grave.

[–]bufedad 11 points12 points13 points 8 years ago (0 children) | Copy Link

I can't even imagine what they've been through.

Think about this, when they went to prison, computers were rare, cellphones were rare, the internet was almost non-existent (and was non-existent for the majority of the population).

Shopping was only done in person. CD's were the medium of choice.

[–]pokemon_fetish[S] 1 point2 points3 points 8 years ago (3 children) | Copy Link

I hope she has a boy named Sue.

Just cause.

[–]locks_are_paranoid 1 point2 points3 points 8 years ago (1 child) | Copy Link

Is that a Johnny Cash reference?

[–]pokemon_fetish[S] 0 points1 point2 points 8 years ago (0 children) | Copy Link

Yes.

[–]NoxHexaDraconis 1 point2 points3 points 8 years ago (0 children) | Copy Link

She's gonna die... lol

[–]primo_pastafarian13 points 8 years ago [recovered] | Copy Link

It is every prosecutor’s nightmare to convict an innocent person

Good thing people are innocent until PROVEN guilty. Right guys? Right?

[–]Delphizer 7 points8 points9 points 8 years ago (1 child) | Copy Link

How can an Accusation without Physical evidence or witness's lead to a conviction?

Failure on so many levels...what is wrong with the Jury.

[–]superhobo666 8 points9 points10 points 8 years ago (0 children) | Copy Link

How can an Accusation without Physical evidence or witness's lead to a conviction?

Female privilege, that's how.

Having the power to ruin a mans life and have him removed from society and forcibly locked in criminal confinement on nothing more than an accusation with zero evidence, while simultaneously bitching about the privilege the group who you have absolute social power over supposedly have.

[–]kiwi_like_me 3 points4 points5 points 8 years ago (1 child) | Copy Link

Positively vile.

Those prosecutors should be removed, at the very least.

[–]pokemon_fetish[S] 2 points3 points4 points 8 years ago (0 children) | Copy Link

Nifong-kin motherfuckers....

[–]thrway_1000 2 points3 points4 points 8 years ago (0 children) | Copy Link

Well at least they're not calling it justice like some. Jailed wrongly for years is in no way just.

Archive -- https://archive.is/ZhawL

[–]pokemon_fetish[S] 1 point2 points3 points 8 years ago (0 children) | Copy Link

The Jury is probably named Bruce or Andrea.

[–]gpu1512 0 points1 point2 points 8 years ago (0 children) | Copy Link

Wow

[–]RedForman- 0 points1 point2 points 8 years ago (0 children) | Copy Link

Typical pussy pass

[–]nascarracer99316 0 points1 point2 points 8 years ago (0 children) | Copy Link

Too little too late.

You already ruined their lives.

In the court of public opinion they will never be innocent.

They will not get any compensation.

Hello lawsuits.

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