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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 9:19 am 
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Alex Jesaulenko
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The culprits should be held to account.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 9:20 am 
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Harry Vallence

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Women are allowed to sue for damages if they are raped, just as someone can sue for being assaulted. And they are also free to settle their cases before they are formally commenced. In the USA, it's very common to use civil litigation to cause the offending party to sweat, and forcing the club to come up with a payment may well have an adverse effect on the perpetrator. I couldn't blame women who have been raped for avoiding the criminal process and all of the trauma that is associated with that course.

Elliott's attempt to use the fact that complainants accepted a financial settlement to show that they were making false allegations is pure misogyny. If he hadn't been blinded by his own antiquated views, Elliott would have realised that raising the issue in the way that he did could do no good for anyone, except himself.


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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 9:21 am 
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Wayne Johnston
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AGRO wrote:
The culprits should be held to account.


So there's more than one culprit? :wink:

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 9:22 am 
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Bruce Doull
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AGRO wrote:
The culprits should be held to account.






Typo..........?


kindest regards tommi

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 9:25 am 
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Harry Vallence

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Kaptain Kouta wrote:
Rafalution wrote:
Accepting $5k for sex is a crime in it's self I would've thought, even if it is hush money.


It's called blackmail, or demanding money with menaces

No it isn't. Not unless the party making the allegations knew they were false. As I said above, those who have a grievance are entitled to sue, and are entitled to settle their claims before issuing a writ. If every letter of demand constituted blackmail, there'd probably be more people in jail than at large.


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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 10:12 am 
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formerly King Kenny
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Indie wrote:
Kaptain Kouta wrote:
Rafalution wrote:
Accepting $5k for sex is a crime in it's self I would've thought, even if it is hush money.


It's called blackmail, or demanding money with menaces

No it isn't. Not unless the party making the allegations knew they were false. As I said above, those who have a grievance are entitled to sue, and are entitled to settle their claims before issuing a writ. If every letter of demand constituted blackmail, there'd probably be more people in jail than at large.


But that's the issue in all of this, who knows if the allegations are false without the authorities investigating and making a determination based on the facts? the words "hush money" says to me the authorities don't know about it hence it could be deemed blackmail.


Last edited by The Normal One on Wed Jun 24, 2009 10:17 am, edited 1 time in total.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 10:14 am 
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Craig Bradley
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I have never liked John Elliott, so I'm probably not the best person to ask for a fair, unbiased opinion on the matter.

I don’t understand anyone trying to defend him right now.

The only person/people served by his comments is John Elliott himself.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 10:21 am 
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Harry Vallence

Joined: Mon Mar 05, 2007 7:28 am
Posts: 1073
I'm not sure sure how you think that's blackmail. I would have thought it's much closer to a conspiracy to pervert the course of justice. That's a bit more of a vexed issue. The law certainly prohibits a person agreeing to withhold evidence of a crime from authorities in exchange for money, but an exception is specifically made where the money is in fact damages for injury done. But presumably the Club, rather than the complainants, sought a confidentiality agreement in addition to settling the civil claim. That means that the club was the one that sought to prevent the authorities from receiving formal complaints. That's always struck me as much more dubious both ethically and legally.

The following argument is a bootstraps argument: if a complainant agrees to a confidential payout, then the complaint must be false and therefore it must be blackmail. For the reasons I set out above, that is not a valid line of argument.


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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 10:55 am 
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Bruce Doull
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Lurker Blue wrote:
I have never liked John Elliott, so I'm probably not the best person to ask for a fair, unbiased opinion on the matter.

I don’t understand anyone trying to defend him right now.

The only person/people served by his comments is John Elliott himself.


Sums up my feeling pretty well too.

Elliott is a self-serving boor.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 11:18 am 
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Stephen Kernahan
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Besides the Heath Culpitt case, I don't think the others got to the police. If the girls didn't press charges then how can it be illegal to accept money to shut up.

Rape against footballers must be very hard to prove because I can't remember any of them even going to court. I'm sure many have dodged big bullets and in one case I have it on good authority that the player was definitely guilty. Probably dont blame the girls for taking cash rather than being subjected to what the legal system will dish up.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 11:23 am 
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Bruce Doull
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Indie wrote:
Women are allowed to sue for damages if they are raped, just as someone can sue for being assaulted. And they are also free to settle their cases before they are formally commenced. In the USA, it's very common to use civil litigation to cause the offending party to sweat, and forcing the club to come up with a payment may well have an adverse effect on the perpetrator. I couldn't blame women who have been raped for avoiding the criminal process and all of the trauma that is associated with that course.

Elliott's attempt to use the fact that complainants accepted a financial settlement to show that they were making false allegations is pure misogyny. If he hadn't been blinded by his own antiquated views, Elliott would have realised that raising the issue in the way that he did could do no good for anyone, except himself.


Unless they approached the Club saying "Give me $$ or I'll go to the Press/Police". That's blackmail.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 11:26 am 
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Bruce Doull
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The haranguing that victims are subjected to from the defence in court is enough to make many of them think twice. Knowing someone who has been through it it's disgusting what is inferred.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 11:28 am 
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Wayne Johnston
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buzzaaaah wrote:
... Probably dont blame the girls for taking cash rather than being subjected to what the legal system will dish up.


:?

That attitude isn't helpful to future cases of this type and prosecution. Terrible thinking, that.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 11:29 am 
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Wayne Johnston

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Update;

Alleged rape victim demands John Elliot name footy players

http://www.news.com.au/heraldsun/story/ ... 61,00.html

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 11:33 am 
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Bruce Doull
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chubbyruss wrote:
Update;

Alleged rape victim demands John Elliot name footy players

http://www.news.com.au/heraldsun/story/ ... 61,00.html



Aren't the names of players involved in her case public knowledge already?
I don't see the benefit to anybody in naming players in cases which haven't been referred to the police by the victims.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 11:35 am 
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Bruce Doull
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Wojee wrote:
chubbyruss wrote:
Update;

Alleged rape victim demands John Elliot name footy players

http://www.news.com.au/heraldsun/story/ ... 61,00.html



Aren't the names of players involved in her case public knowledge already?
I don't see the benefit to anybody in naming players in cases which haven't been referred to the police by the victims.


Same.

Let the victims take the claims to the Police, and name names when and if they are charged.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 11:36 am 
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Rod Ashman
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Fantastic article...really sheds a nice light on the club :mad:

Someone has to take Elliot out and quick. The older he becomes the more senile he'll become
and he's gonna become the "Mr Quote" every time the media decide to dig some dirt on the
Blues....

Whatapieceofshit....

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 11:42 am 
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Stephen Kernahan
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budzy wrote:
buzzaaaah wrote:
... Probably dont blame the girls for taking cash rather than being subjected to what the legal system will dish up.


:?

That attitude isn't helpful to future cases of this type and prosecution. Terrible thinking, that.



Read what I said. I don't blame them. Not that I suggest thats what they do.

Ask Wojee whether the person he knows felt it was a good experience what they went through.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 11:48 am 
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Wayne Johnston
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buzzaaaah wrote:
budzy wrote:
buzzaaaah wrote:
... Probably dont blame the girls for taking cash rather than being subjected to what the legal system will dish up.


:?

That attitude isn't helpful to future cases of this type and prosecution. Terrible thinking, that.



Read what I said. I don't blame them. Not that I suggest thats what they do.

Ask Wojee whether the person he knows felt it was a good experience what they went through.


My comment was more directed at women who don't seek proper justice.

No male can begin to understand the trauma involved, but, unless justice is sought the problem gets bigger, and that's no good for anyone.

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 Post subject: Re: Shut the hell up
PostPosted: Wed Jun 24, 2009 1:11 pm 
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Bruce Doull
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People hanging themselves is nothing new.

Glad it happens....

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