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mack4289

Joined: 06 Dec 2006
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Posted: Thu Jun 21, 2007 5:55 am Post subject: there's no rape in nebraska |
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http://www.slate.com/id/2168758
"Yet a Nebraska district judge, Jeffre Cheuvront, suddenly finds himself in a war of words with attorneys on both sides of a sexual assault trial. More worrisome, he appears to be at war with language itself, and his paradoxical answer is to ban it: Last fall, Cheuvront granted a motion by defense attorneys barring the use of the words rape, sexual assault, victim, assailant, and sexual assault kit from the trial of Pamir Safi�accused of raping Tory Bowen in October 2004.
Safi's first trial resulted in a hung jury last November when jurors deadlocked 7-5. Responding to Cheuvront's initial language ban�which will be in force again when Safi is retried in July�prosecutors upped the ante last month by seeking to have words like sex and intercourse barred from the courtroom as well. The judge denied that motion, evidently on the theory that there would be no words left to describe the sex act at all. The result is that the defense and the prosecution are both left to use the same word�sex�to describe either forcible sexual assault, or benign consensual intercourse. As for the jurors, they'll just have to read the witnesses' eyebrows to sort out the difference." |
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Alyallen

Joined: 29 Mar 2004 Location: The 4th Greatest Place on Earth = Jeonju!!!
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Posted: Thu Jun 21, 2007 8:59 am Post subject: |
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Bowen testified for 13 hours at Safi's first trial last October, all without using the words rape or sexual assault. She claims, not unreasonably, that describing what happened to her as sex is almost an assault in itself. "This makes women sick, especially the women who have gone through this," Bowen told the Omaha World-Herald. "They know the difference between sex and rape." |
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And there's another problem underlying Cheuvront's order: Jurors will not be told of it. Not only is the "dangerous" language to be hidden from them, but the fact that it's been hidden will be concealed from them as well. They are not merely too emotional to hear the phrase rape kit. They are also evidently too emotional to know it's been hidden from them in the first place. |
WHAT? |
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Bibbitybop

Joined: 22 Feb 2006 Location: Seoul
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Posted: Fri Jun 22, 2007 3:30 am Post subject: |
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Domestically and internationally, red states fk everything up. |
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mack4289

Joined: 06 Dec 2006
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Posted: Mon Jun 25, 2007 10:34 am Post subject: |
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Why not use "penile penetration"? Isn't that a neutral enough word for sex that neither implies consent nor coercion? Also, wouldn't it make a great name for a band? |
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sundubuman
Joined: 04 Feb 2003 Location: seoul
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Posted: Mon Jun 25, 2007 10:59 am Post subject: |
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Bibbitybop wrote: |
Domestically and internationally, red states fk everything up. |
If Blue States were in charge of everything, there'd be a lot less f u c k ing things up and a lot more getting f-ucked.
I'd rather be active than passive in terms of international f-uckage.
You obviously would prefer the passive position. |
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khyber
Joined: 16 Jan 2003 Location: Compunction Junction
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Posted: Mon Jun 25, 2007 5:20 pm Post subject: |
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forced copulation.
forcible sex.
undesirable sex.
unwanting F***ing
coitus resulting in vaginal bruising and subdermal haematomas
Frankly, I think this is a GREAT opportunity for the prosecution to start using some really colourful and disturbing language. Perhaps it's time to consult a thesaurus. |
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yawarakaijin
Joined: 08 Aug 2006
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Posted: Mon Jun 25, 2007 5:40 pm Post subject: |
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khyber wrote: |
forced copulation.
forcible sex.
undesirable sex.
unwanting F***ing
coitus resulting in vaginal bruising and subdermal haematomas
Frankly, I think this is a GREAT opportunity for the prosecution to start using some really colourful and disturbing language. Perhaps it's time to consult a thesaurus. |
I think the problem there would be having to take time out of the trial to explain all them big word to the Nebraskan jury.  |
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mack4289

Joined: 06 Dec 2006
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Posted: Mon Jun 25, 2007 7:05 pm Post subject: |
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How about "plowing the field"? Nebraskans should understand that. |
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Alyallen

Joined: 29 Mar 2004 Location: The 4th Greatest Place on Earth = Jeonju!!!
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Posted: Tue Jul 17, 2007 9:20 pm Post subject: |
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Ahhh Nebraska....
I find it fascinating that you can go to jail for weed or shop-lifting but sexually assaulting a child...eh...probation.
Short sex offender's probation upheld
By JOSH FUNK, Associated Press Writer
Tue Jul 17, 5:27 PM ET
OMAHA, Neb. - A judge had valid reasons for sentencing a 5-foot-1 sex offender to probation, even though she cited the offender's height as part of her rationale, the Nebraska Court of Appeals ruled Tuesday.
An examination by a clinical psychologist and the results of a test used to determine the risk that Richard W. Thompson would reoffend both indicated that Thompson, 52, is neither a pedophile nor a sexual predator, the court said.
District Judge Kristine Cecava of Cheyenne County sentenced Thompson last year to 10 years of probation for sexually assaulting a 13-year-old girl.
"So I'm sitting here thinking this guy has earned his way to prison, but then I look at you and I look at your physical size. I look at your basic ability to cope with people and, quite frankly, I shake to think what might happen to you in prison because I don't think you'll do well in prison," Cecava said in court, according to a court transcript of the hearing.
The sentence prompted national criticism. Attorney General Jon Bruning appealed the sentence to the Nebraska Court of Appeals and sought a prison term for Thompson.
The appeals court said the only way Cecava might have erred was in failing to provide a detailed explanation of her sentence. The probation officer who prepared a pre-sentence investigation on Thompson recommended probation, the court said.
"Such failure caused the trial judge's brief mention of Thompson's small physical stature to become the focus of attention, when in reality it was but a minor point," the court said.
Bruning said he planned to ask the state Supreme Court to review the appellate court's ruling because he believes sexual assault of a child is a serious offense that warrants jail time.
"The law does not impose a height requirement for jail," Bruning said.
Thompson's lawyer, Clarence Mock, said the problem in this case was that people jumped to conclusions without knowing all the details. Thompson is doing well and has abided by the terms of his sentence, Mock said. |
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wannago
Joined: 16 Apr 2004
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Alyallen

Joined: 29 Mar 2004 Location: The 4th Greatest Place on Earth = Jeonju!!!
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Posted: Wed Jul 18, 2007 12:53 am Post subject: |
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I lived in Vermont for 5 years...Sad sad stuff
I don't care if it's a red state, a blue state, or a purple state, crimes of this nature shouldn't be written off. I'm not interested in a discussion that will degenerate into a pseudo-political circle jerk. |
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jkelly80

Joined: 13 Jun 2007 Location: you boys like mexico?
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Posted: Wed Jul 18, 2007 7:19 am Post subject: |
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Red States rate higher in....teen pregnancy, incarceration rates, homicide, drop-out, illiteracy, obesity, poverty, infant mortality, bankruptcy, DIVORCE and GONORRHEA (so much for da Jesus!)
They pay less taxes than they receive, have lower wages, bad hospital quality, etc...so on and so forth.
Last edited by jkelly80 on Wed Jul 18, 2007 8:24 am; edited 1 time in total |
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Satori

Joined: 09 Dec 2005 Location: Above it all
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Posted: Wed Jul 18, 2007 7:33 am Post subject: |
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sundubuman wrote: |
If Blue States were in charge of everything, there'd be a lot less f u c k ing things up and a lot more getting f-ucked.
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Would you use the fact that blue states beat red states in most important stats as evidence of how much more competant at running things red states are? |
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igotthisguitar

Joined: 08 Apr 2003 Location: South Korea (Permanent Vacation)
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Posted: Tue Jul 24, 2007 11:46 am Post subject: |
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The word RAPE is derived from the latin, meaning to "take by force".
This moronic judge is likely just another phony freemason.
A wolf in sheep's clothes
His so-called reasoning & "logic" is all-too Orwellian. |
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twg

Joined: 02 Nov 2006 Location: Getting some fresh air...
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Posted: Tue Jul 24, 2007 5:43 pm Post subject: |
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jkelly80 wrote: |
Red States rate higher in....teen pregnancy, incarceration rates, homicide, drop-out, illiteracy, obesity, poverty, infant mortality, bankruptcy, DIVORCE and GONORRHEA (so much for da Jesus!)
They pay less taxes than they receive, have lower wages, bad hospital quality, etc...so on and so forth. |
Yeeehaw!
Conservatives are welfare mothers!
Ironic?
Hilariously so. |
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