Re: OT: Big Ben Accused of Sexual Assault
didn't go quickly enough? It's been a YEAR and she still hasn't gone to the police. We're not talking a few days delay. We're talking a YEAR. And still no complaint. WHy not? That is the crux of the matter.
Probably because, if you're too late for a rape kit, there isn't much point in filing a criminal complaint. The criminal standard for proving guilt (beyond a reasonable doubt) is high enough that it's virtually impossible to convict someone that doesn't have a prior history without physical evidence or witnesses.
It's not at all unreasonable that she could have initially resisted filing a complaint for any of a number of reasons: shame, coercion by her coworkers and manager, or realizing that a criminal allegation against Roethlisberger would make her a national spectacle. Certainly, by not taking that step, she has made it much harder to win a civil case, but to claim that not filing a criminal complaint conclusively shows that she wasn't raped just isn't correct. It's an ignorant conclusion based on assumptions that have been proven false in numerous studies.
Besides, the opposite of what you say about lying is equally plausible. Several coworkers claimed it didn't happen; she claims the coworkers are lying. To assume that she is the one telling the truth does a diservice to the coworkers. And vice versa, of course.
Of course. It's far too early for any of us to know who is lying. Anyone who's made up their mind at this point is working solely off of bias and assumption.
Criminal charge = justice
Civil suit = money
Yes and no. Civil suit = justice as well, depending on how you define justice. If he really did rape her, then it's certainly a form of justice to have it brought to light, permanently killing his public perception and endorsement potential.
So you are saying that she will not file criminal charges because of coworkers but will file civil suit. WHere's the logic in that?
I'm going to go out on a limb and assume that you've never been the victim of a serious crime. In short, you spend a
lot of time thinking about it, and weighing both the pragmatic aspects of the impact that a court case will have on your life and the abstracts of feeling that justice must be done, etc. A lot can change in a year.
And once again,
most rapes go unreported. The fact that she didn't file a criminal complaint is actually normal: If she was raped, then she would be in the minority if she had gone to the police. And at the end of the day, if there isn't some fairly convincing evidence that she was raped, then she'll lose the case anyways.
To me, the biggest problem is that she is not filing a criminal charge. Why not. That is the question. Why doesn't she?
Already answered, but I'll answer again for emphasis: because if you don't take immediate action after getting raped, filing a criminal complaint is an exercise in futility. Once the physical evidence is gone, it's virtually impossible to prove beyond a reasonable doubt that he did it without having witnesses.
