Defending yourself from rape allegations could be considered defamation

Troll_Name · 2015-11-11T05:44:56+00:00

I have long said: you can sue anyone for any reason or none at all. All you need is one good lawyer and one bad judge.

All the Cosby cases are rushing to civil courts as fast as they can. Some supreme bureaucrat suddenly gained a deathly fear of SOMETHING Bill Cosby stands for, and has begun acting accordingly. They know they can't prove anything so they just turn the tables and challenge him to DISPROVE allegations of events decades into the past. Men smell bullshit from lightyears away on this giant clusterfuck, but women and neutered drones think whatever teevee tells them to think same as always.

MattyAnon · 2015-11-11T09:43:49+00:00

Ahhh.... so by this rationale.... accusing someone of rape and then failing to prove it is also defamation.

If only.... if only.

Sara_Solo · 2015-11-11T14:11:14+00:00

Whenever I hear Cosby news on TV I go "yea he raped me too" because that is literally how baseless these allegations are. And what's the first thing they do after they come out as rape victims? A cash settlement and a media tour. These people all worked in show business when they were younger. They know that when you become irrelevant and no one wants to give you work, you have to do something wild to get back out there and this is that something.

renzy77 · 2015-11-11T20:46:19+00:00

It is one thing for an accused sexual assailant to remain silent and allow the legal process, or public opinion, to run its course, but it is quite another for him to unleash his agents to deny that he attacked the plaintiff and other women, to invite others to republish his statements, and to brand them as unreliable liars.

It's kafkatrapping: using the denial of guilt as proof of guilt.

They can accuse you of whatever they want and you're not allowed to make a peep in your own defense, or else you're just proving you've got something to hide.

muh-soggy-knee · 2015-11-11T12:02:58+00:00

Cant say im surprised, the theoretical possibility occurred to me when we covered defamation at law school, that given the reversed burdens of proof a valid defense of a rape allegation could easily be spun as a valid defamation case under the current law, and while its very easy (in theory) to introduce reasonable doubt to a criminal allegation, it is far harder to prove innocence to the extent that will be required to establish a truth defense to defamation. Particularly in an allegation where there is no contest that a sexual incident occurred and the allegation rests purely on lack of consent.

Raised it with the lecturer, who recognized the point but believed it would "Never happen in the real world". So i suppose this is one of the few cases where the reddit meme has to be invoked... "Is this real life?"

favours_of_the_moon · 2015-11-11T17:20:47+00:00

Guaranteed Cosby can get better lawyers than some bitch who continued dating him for 3 years after he allegedly "raped" her and then never talked about it for 50 years.

wantonton · 2015-11-11T19:42:22+00:00

In the US, truth is considered an absolute defence to allegations of libel and slander

That's not accurate. Many jurisdictions in the U.S. allow slander/libel claims when the information stated/written is unquestionably true, but only stated/written for the sole purpose of causing injury to the subject in question and for no other beneficial or justifiable purpose.

There is a well known Massachusetts case where a women sued an ex because he called her a whore in a crowded restaurant. I can't remember if she won or not at the trial level, but it's well known because the appeals court which reviewed it said to the effect of "yup, she's a whore" but went on to say the ex only declared such with the intent of damaging her social reputation indiscriminately and as such she should win damages. The appeals court further indicated had he been warning a prospective partner of hers that she might different than she represented herself to be, she likely could not recover.

rpscrote · 2015-11-11T21:45:10+00:00

Most defamation actions fail at the proving damages phase. Truth as a defense isn't the only defense. She's going to have a hell of a hard time proving intent as well as damages.

But yes. Anyone can bring a case for anything. Whether you win or not is the question. I won't be the least bit surprised if this gets thrown out on the pleadings, or at the very most, at summary judgment.

Beegsi_ · 2015-11-11T06:52:43+00:00

In a authentic narration from Prophet Muhammed (peace be upon him) he said;

"Were people to be given everything that they claimed, men would [unjustly] claim the wealth and lives of [other] people. But, the onus of proof is upon the claimant, and the taking of an oath is upon him who denies." [Bayhaqi, Arbain An-nawawi]

A person is free of guilt or claims made against him or her until proven otherwise.

makethemsayayy · 2015-11-12T02:31:47+00:00

Give women 20 years of controlling things and they destroy the fucking justice system.

jcromero · 2015-11-12T18:53:29+00:00

TL;DR

Maintain frame and don't give a shit about what other people say. Let the legal process take its own course.

Transmigratory · 2015-11-11T21:13:24+00:00

Cosby probably did rape them, it is a case of the word of many vs the word of one. Though I'm a bit bothered about the implications of this: a mob of women could literally decide to say one guy raped them and boom. Well in Britain maybe not as much as a false accusation can land you jail time... but places like the US. =/

Title	Defending yourself from rape allegations could be considered defamation
Author	thismaytakeawhile
Upvotes	38
Comments	40
Date	November 11, 2015 4:56 AM UTC (10 years ago)
Subreddit	Posted in /r/TheRedPill
Original Link	https://old.reddit.com/r/TheRedPill/comments/3sdean/defending_yourself_from_rape_allegations_could_be/
Archive Link	https://theredarchive.com/r/TheRedPill/defending-yourself-from-rape-allegations-could-be.38042 https://theredarchive.com/post/38042

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