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Post by beba on Apr 25, 2019 10:41:38 GMT -5
Terrible situation, but why sue instead of going to the authorities? What is the statute of limitations for reporting this in California? Burden of proof is different in a civil case. You just need to convince 5/6 of the jury that the defendant is more likely than not to be guilty. In a criminal case you need to convince 6/6 of a jury that the defendant is guilty beyond a reasonable doubt. It's usually really hard to get a criminal conviction with no witnesses, no evidence, and only he said / she said. This is so close to being accurate, if the case had been filed in federal court. In federal court, in a civil case, the jury can be as few as 6 and as many as 12, to start the trial, and must be at least six by the time of the verdict. However many it is, it must be unanimous. But she filed in California state court (Los Angeles Superior), where juries are almost always 12 (the parties can stipulate to fewer). The verdict must be at least 9/12 on each issue.
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Post by mikegarrison on Apr 25, 2019 11:41:16 GMT -5
Burden of proof is different in a civil case. You just need to convince 5/6 of the jury that the defendant is more likely than not to be guilty. In a criminal case you need to convince 6/6 of a jury that the defendant is guilty beyond a reasonable doubt. It's usually really hard to get a criminal conviction with no witnesses, no evidence, and only he said / she said. This is so close to being accurate, if the case had been filed in federal court. In federal court, in a civil case, the jury can be as few as 6 and as many as 12, to start the trial, and must be at least six by the time of the verdict. However many it is, it must be unanimous. But she filed in California state court (Los Angeles Superior), where juries are almost always 12 (the parties can stipulate to fewer). The verdict must be at least 9/12 on each issue. Ah. I guess it varies. My jury experience has been in Massachusetts and Washington, where 5/6 was needed in either case. In WA we had a jury of 6 and needed 5 votes to reach a decision. In MA we had a jury of 12 and needed 10 votes to reach a decision, but that's still 5/6.
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Post by Deleted on Aug 27, 2019 18:35:10 GMT -5
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Post by dd2000 on Aug 27, 2019 19:29:05 GMT -5
So, he was cleared by the NBA and the Kings. Wow, that sure proves he's innocent. LOL. They make a big deal out of the fact that Tennant did not participate in the "investigation". Of course she didn't. Why would she? She'll have her say in court.
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Post by tomclen on Aug 27, 2019 19:29:48 GMT -5
Shocking! Shocking, I tell you. A law firm hired by a corporation to investigate charges against a key corporation employee, finds no wrong-doing.
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Post by Barefoot In Kailua on Aug 27, 2019 19:35:12 GMT -5
Some people here are so quick to judge Walton when an investigation cleared him of wrongdoing. Look, sexual assault perpetrators should be punished but so should people that make up stories to get a payday.
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Post by pepperbrooks on Aug 27, 2019 19:41:59 GMT -5
Some people here are so quick to judge Walton when an investigation cleared him of wrongdoing. Look, sexual assault perpetrators should be punished but so should people that make up stories to get a payday. An investigation by the NBA is worthless and proves nothing either way.
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Post by mikegarrison on Aug 27, 2019 19:43:06 GMT -5
Some people here are so quick to judge Walton when an investigation cleared him of wrongdoing. Look, sexual assault perpetrators should be punished but so should people that make up stories to get a payday. I highly doubt she made up this story, for a payday or any other reason. Unfortunately for her, the first person to claim something like this is generally not believed. Nor the second. By the time there is a third, sometimes people start believing them. Did you see that a jury just acquitted basketball player Mateen Cleaves of charges -- despite video that showed a half-naked woman running away from him, him (naked) grabbing her and dragging her back to his room, then her running away again, and him grabbing her and dragging her back again. "Nothing to see here, folks. This was obviously consensual."
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Post by ilikecorn on Aug 27, 2019 19:54:10 GMT -5
Shocking! Shocking, I tell you. A law firm hired by a corporation to investigate charges against a key corporation employee, finds no wrong-doing. Incredible movie.
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Post by lionsfan on Dec 5, 2019 14:06:03 GMT -5
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Post by horns1 on Dec 5, 2019 20:50:29 GMT -5
Saw on the ESPN sports ticker that she didn't even participate in the investigation. Strange.
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Post by mikegarrison on Dec 5, 2019 20:59:07 GMT -5
Saw on the ESPN sports ticker that she didn't even participate in the investigation. Strange. She didn't participate the NBA investigation. This likely means that either a) she assessed the NBA investigation as a whitewashing exercise and didn't want to give it legitimacy, or b) her lawyers advised against it due to the pending lawsuit. But that's speculation. You would have to ask her if you really want to know.
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Post by bobvball on Dec 5, 2019 21:57:41 GMT -5
Some people here are so quick to judge Walton when an investigation cleared him of wrongdoing. Look, sexual assault perpetrators should be punished but so should people that make up stories to get a payday. The statistics of false reporting are extremely low.. depending on which report you research, it averages to less than 5 percent. Now, considering roughly 63% of all sexual assaults never get reported...... that's a pretty minuscule number. I'm not saying that false reports never happen, but the fact that that argument is brought up nearly EVERY time someone accuses someone of sexual misconduct is, frankly upsetting and disturbing. This is most likely a huge cause of why those 63% of victims don't come forward. Which is also in itself, upsetting, but understandable considering everything I have previously stated.
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Post by huskerrob on Dec 6, 2019 12:59:31 GMT -5
Some people here are so quick to judge Walton when an investigation cleared him of wrongdoing. Look, sexual assault perpetrators should be punished but so should people that make up stories to get a payday. The statistics of false reporting are extremely low.. depending on which report you research, it averages to less than 5 percent. Now, considering roughly 63% of all sexual assaults never get reported...... that's a pretty minuscule number. I'm not saying that false reports never happen, but the fact that that argument is brought up nearly EVERY time someone accuses someone of sexual misconduct is, frankly upsetting and disturbing. This is most likely a huge cause of why those 63% of victims don't come forward. Which is also in itself, upsetting, but understandable considering everything I have previously stated. our system of law starts at the position the accused is innocent ... the founders of our system made a point, that it is better (from a societal consideration) to have 10 guilty people go free than to have 1 innocent person get convicted. lots of post on this thread have been assumptions by people just throwing their ignorant opinion from the direction of their bias. Assigning such vitriol to either party without knowing what occurred or didn't occur is horrible.
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Post by mikegarrison on Dec 6, 2019 13:07:45 GMT -5
The statistics of false reporting are extremely low.. depending on which report you research, it averages to less than 5 percent. Now, considering roughly 63% of all sexual assaults never get reported...... that's a pretty minuscule number. I'm not saying that false reports never happen, but the fact that that argument is brought up nearly EVERY time someone accuses someone of sexual misconduct is, frankly upsetting and disturbing. This is most likely a huge cause of why those 63% of victims don't come forward. Which is also in itself, upsetting, but understandable considering everything I have previously stated. our system of law starts at the position the accused is innocent ... the founders of our system made a point, that it is better (from a societal consideration) to have 10 guilty people go free than to have 1 innocent person get convicted. lots of post on this thread have been assumptions by people just throwing their ignorant opinion from the direction of their bias. Assigning such vitriol to either party without knowing what occurred or didn't occur is horrible. You're talking about criminal law, and this is civil law. In a civil law case it's one party versus another, and there is no presupposition about which party gets the benefit of the doubt. Anyway, the issues surrounding sexual assault are complicated. So often it happens behind closed doors, where there is no evidence except for the claims of one person versus another. And yet, we as a society can not allow this to mean that it is an unpunishable crime.
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