Father allegedly raped daughter

Columbia Daily Herald ^ | 12/11/03 | Wesley Bush

[fourdeuce82d]

would you recommend death for the girl?

Whiskey Tango Foxtrot, Over?

I have no idea where you're going with this. I have posted things I regretted later, either because I was unclear in expressing my meaning, or because I'd had one/two/twenty three adult beverages- maybe you misposted, maybe I misunderstood.

Rather than fly off the handle now, I'll ask you to expand on your initial post.

Reading your post, however, it seems you're wondering whether or not the girl was really drunk- i.e. maybe she "wanted" it, in which case perhaps daddy was not to blame, or at least doesn't dserve the flaming hatred I expressed for him.

Or perhaps you're suggesting I'm not upset about the rape itself, but the transgressing of some sexual taboo, the guilt for which the girl should share equally.

Just to make it clear- I am not upset about breaking a biblical taboo- I am fucking pissed off that a child was betrayed in an ugly, ugly way by someone she should be able to count on to protect and cherish her. And I hope to read that he was tied to a tree and burned alive.

I don't care is she was sober, and he was drunk- you phuq your 14 year old daughter, I want to kill you. Or at least hear about your painful death.

Also, if you (not you monkey king, rather a "generic" you- gotta remember posting guidelines) are someone who sees a distinction between the two scenarios...Y'all need to be shot too.

Daddies don't hump their daughters. Normal people feel great abhorrence for those who do...and they're not too keen on people who try to spin it.

If I've misunderstood your post, I apologize. I'm happy to listen to your clarification.

[hotdogjones]

Alot of this type of stuff goes on in the south rural areas. I have heard stories of daughter being broken in by the father. Looks like goes on more than reported. Sometimes women don't report this stuff and it causes problems years later where they never trust men again.

[Cultural Jihad]

Let's ask Sweden to chime in.

[Holly_P]

Alot of this type of stuff goes on in the south rural areas

Get real. Show me some stats before you run down an entire section of the country like that. Do you really believe this is a "southern" problem?

[fourdeuce82d]

If it's not true... would you recommend death for the girl?

okay...remember that part about posting in haste?

I went to the "New posts to you" and read your post to me before reading the preceding posts. Looks like you were discussing the possibility that it never occured at all, not that the girl wasn't raped.

If that was your intent, mea culpa for jumping on your @$$.

Short answer to m revised understanding of your question "should the girl be killed for giving false witness..."

No. Flogged lightly, but not killed.

[hotdogjones]

I have seen it happen in my family. Believe it or not with adult males who are preachers (2 different ones) of the Word of God.

[Dan from Michigan]

IF true, I'll be happy to do a little target practice....with my turkey gun.

[Dan from Michigan]

I'm thinking of opening a pub in a couple of years.

If those three come to my bar, drinks on the house.

[general_re]

She certainly may testify against him. She can't be compelled to.

Spousal privilege can generally only be waived by the speaking spouse. You can't "volunteer" to testify about something your husband said, any more than you can be compelled to do so.

[Holly_P]

Here's the original statement in post #9:

but made the mistake of admitting it to his wife who couldn't testify against him

The matter the poster was speaking about did not come to trial. Had it, his wife most certainly could have testified. Whether her "hearsay" testimoney would be admitted is another question.

[general_re]

The matter the poster was speaking about did not come to trial. Had it, his wife most certainly could have testified.

Based on what? He's undoubtedly not going to waive privilege. The wife wasn't the victim, so you can't get it in through that backdoor. What's left?

[Maximum Leader]

In domestic abuse cases, spousal privilege is waived. The abuse can be against the spouse or the child (or presumably a senior citizen living in the house). With no privilege, the prosecutor couuld compell the spouse to testify.

As for hearsay, statements against interest are always admissable.I can't remember if its considered nonhearsay or an exception to the hearsay rule (been years since I studied it in law school), regardless, if you say something that hangs yourself, that statement will be used against you in court.

[cherry]

somebody please go tell Roger Gay that yes, it does seem that bio. dadsare capable of assualting their own bio. children....

if you think this is sick, a few months ago in Syracuse, a guy alledgedly raped his 11 year old dtr when no one was home....she then hung herself in her bedroom.......

guess what....his church helped to bail him out......

[general_re]

In domestic abuse cases, spousal privilege is waived. The abuse can be against the spouse or the child...

That's hardly a uniform exception. Your state may have such an exception - the state of Montana, for example, does not.

[general_re]

Although looking back through the Uniform Rules of Evidence, there may very well be such an exception buried in there somewhere. You can probably tell it's been a while since I've looked at such things ;)

[Monkey King]

Sorry for the VERY tardy reply.

I had to go to work. Now I'm back.

Yes, in fact I'm speculating about whether this actually happened. The crux of the matter (legally) is the provability(?) of the accusation. I happen to agree with you - IF he is guilty and proved such - well, death I think would not be too harsh. A shame our system doesn't provide for that.

If he is guilty and found innocent by a jury; I am comforted to know there is a final court of appeal we all stand before some day.

Deo Vindici.

[Maximum Leader]

Yeah, the spousal privilege waiver is new. You're right, since each state has their own rules of evidence, not everyone had adopted the new rule.

What's really tough is that is that the Feds have loosened spousal privilege even in cases that aren't domestic abuse. There are still limitation on compelling testimony, but its the witness spouse's choice to testify, the defendant spouse doesn't have a say.

[general_re]

There are still limitation on compelling testimony, but its the witness spouse's choice to testify, the defendant spouse doesn't have a say.

Well, you know - there are important issues at stake here. Conviction rates, for example ;)