Pennsylvania Blames Woman For Her Own Rape
Ouch. I do find the title of the article rather sensationalist.
Pennsylvania Blames Woman For Her Own Rape
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Hetta
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I saw this a few days ago. Wasn't the woman working in a prison office and had several times complained about this prisoner being around her? And he had raped several women already. I believe that the AG said that they were just mounting a defense as required. I find it abhorrent and wicked that these words were ever said but I don't think it's worse because a woman said them. I don't think it could be worse.
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keith99
sola dosis facit venenum
Unless there are 2 very similar ones that fooled both of us I think you nailed it.
When I saw it the first time I was thinking sensationalist headline and the first few lines of the article were consistent with the idea that this took place in an institutional setting and that she had been sloppy in following procedures.
It very quickly became obvious that this was not the case and that her concerns before the assault had been ignored or minimized. Unless there is something left out going to trial on this civil case will be a disaster for the state.
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I worked in a psychology study in a prison scanning inmates in a mobile MRI scanner and we had correctional officers with us all the time. One thing that would get someone booted and up to a higher security level was making threatening statements. One inmate (a 39/0 psychopath at that) thought he was clever when he told the women interviewing them how fast criminal penetration could happen and that there is little the CO could do if an attack occurred. He never directly threatened anyone, but that got him booted to the maximum security prison.
The fact that they would leave an inmate alone with a woman despite the fact that he was moved because of attacks on women is unconscionable. I'm wondering how anyone could let that happen.
I agree, I don't think her statement is anymore outrageous because she's a woman, but I do find the "defense as required" they put together is sad.
The fact that they would leave an inmate alone with a woman despite the fact that he was moved because of attacks on women is unconscionable. I'm wondering how anyone could let that happen.
I agree, I don't think her statement is anymore outrageous because she's a woman, but I do find the "defense as required" they put together is sad.
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MachZer0
Caught Between Barack and a Hard Place
The truth seems to be a little different than what the OP link suggests:
"It is in the affirmative defenses on the matter that Kane raises contributory negligence, claiming the plaintiff or another third party was responsible for the allegations directed against the DOC, et al."
"It is in the affirmative defenses on the matter that Kane raises contributory negligence, claiming the plaintiff or another third party was responsible for the allegations directed against the DOC, et al."
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- Jan 30, 2004
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Yeah. It's boilerplate. I have a template with very similar language which I use occasionally.
That being said, pleadings are signed under the threat of Rule 11 and the person certifies they have made a reasonable investigation of the facts and have a good faith belief in the truth of the statements.
First interrogatory should be a demand for all the facts supporting the affirmative defense and a description of the investigation made.
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DaisyDay
I Did Nothing Wrong!! ~~Team Deep State
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Your link has one too many "http://"s in it. It should be: Kane responds to Rockview rape victim suit in filing, says woman partly responsible for brutal assault | Crime | CentreDaily.com
The article you linked to seems to corroborate the OP's contention that the woman is being blamed at least in part to her rape.
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MachZer0
Caught Between Barack and a Hard Place
The contention is that she or a third party contributed to the changes in the circumstances that made the rape possible. It has to be noted that this is a civil lawsuit and the Dept of Corrections is merely claiming that the allegations by the victim about the Dept. are untrue. It's merely a matter of limiting financial liablity
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- Jan 30, 2004
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Some "Inside Baseball" commentary here . . . .
The first legal response to a lawsuit is a written response called the Answer. The Answer goes paragraph by paragraph through the allegations in the legal Complaint and either admits or denies or "explains" them.
After doing that, the defendant can list "affirmative defenses" in the answer. These are additional allegations made by the defendant that are defenses to the lawsuit. A classic one is the affirmative defense that the lawsuit was brought after the statute of limitations has run. If a defendant is going to raise that defense, the defendant has to prove it, but the proving part comes later--at the time of the Answer, the defendant just has to raise it.
There are two schools of thought about affirmative defenses. The first is that one should list as many as possible. I have seen Answers with twenty or more affirmative defenses, including ones that obviously were inapplicable. The thought is that since it is essentially free to raise a defense in the Answer, one might as well do it. If it isn't applicable, one can just abandon it.
The second school of thought is that one should only raise defenses one actually intends to prove. If evidence turns up that allows a new defense, one can either amend the Answer or simply try the defense by consent. The advantage here is that the Answer is more focused.
I used to subscribe to the first school, but have moved to the second. The reason I have changed my practice is that bad and inapplicable affirmative defenses are easy pickings on a partial motion to dismiss. A plaintiff can move the court to strike the bad affirmative defenses. This--although it doesn't give a plaintiff a total win--does give the plaintiff an interim win and some momentum. It's like returning the initial kickoff for a touchdown.
In my experience, government defendants really like the first school and plead a lot of affirmative defenses. I don't know why.
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Pretty much. I've seen this sort of "OUTRAGE!!11!!" story before over boilerplate pleadings.
It's poor practice to plead this stupid affirmative defense, but it's not outrageous. It will be a different matter if the State tries to actually prove it at trial.
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TomLine
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Thanks for that post Daisy. Pennsylvania is my State, where I am trying to become the next Governor. I could not believe what I read.
My response. First, I am opposed to "3 strikes your out," laws. If a man brutal rapes a woman 1 time, he should get the death penalty, and never get another chance to rape again till he can reach 3 strikes. That is ludicrous.
It's obvious there is no common sense in Pennsylvania Government. I haven't found any.
I just called my State Representative and asked why Kathryn Kane has not been impeached yet. Blaming a woman for her own rape is just plain stupid. And if she is representing the law, obviously the law needs to be changed.
My response. First, I am opposed to "3 strikes your out," laws. If a man brutal rapes a woman 1 time, he should get the death penalty, and never get another chance to rape again till he can reach 3 strikes. That is ludicrous.
It's obvious there is no common sense in Pennsylvania Government. I haven't found any.
I just called my State Representative and asked why Kathryn Kane has not been impeached yet. Blaming a woman for her own rape is just plain stupid. And if she is representing the law, obviously the law needs to be changed.
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faroukfarouk
Fading curmudgeon
"Hi, I'm Z. Nikki Dingleburger, and I'm running for Pennsylvania governor.
We have two kids and my husband and I are great believers in family values and I have a proven record defending the state's justice system.
If you get raped, the DA's office will lie to defend the rapist."
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faroukfarouk
Fading curmudgeon
Good, but has the argument in his defense been expunged from the record or repudiated? has someone taken responsibility?
(Don't ask me; I'm just a human being.)
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