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- Xref: sparky talk.rape:3128 soc.men:23223
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- From: thf2@ellis.uchicago.edu (Ted Frank)
- Newsgroups: talk.rape,soc.men
- Subject: Re: Drunk Sex = Rape?
- Message-ID: <1993Jan25.044051.14016@midway.uchicago.edu>
- Date: 25 Jan 93 04:40:51 GMT
- References: <1993Jan24.193255.24302@nmsu.edu> <1993Jan24.205130.26002@midway.uchicago.edu> <1jvopvINNbc4@transfer.stratus.com>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: thf2@midway.uchicago.edu
- Organization: University of Chicago
- Lines: 55
-
- In article <1jvopvINNbc4@transfer.stratus.com> dswartz@redondo.sw.stratus.com (Dan Swartzendruber) writes:
- >In article <1993Jan24.205130.26002@midway.uchicago.edu> thf2@midway.uchicago.edu writes:
- >>In article <1993Jan24.193255.24302@nmsu.edu> dsteinbe@nmsu.edu (David Steinberg) writes:
- >>>Take for example, William Kennedy Smith. He was found innocent of
- >>>rape
- >>
- >>William Kennedy Smith was never found innocent of rape.
- >
- >Really? I thought he had been acquitted. On the other hand, as an
- >aspiring lawyer, I'm sure you'll tell us it was sexual assault or some
- >other technical difference. I think his point was that regardless of
- >what he was charged with, he wasn't found guilty.
-
- "Wasn't found guilty" or "acquitted" is not equal to innocent.
- It merely means "not proven guilty beyond a reasonable doubt." A jury
- might find a defendant more likely than not to be guilty, but in America,
- such a jury would have to find the defendant "not guilty", unless they
- found he was guilty beyond a reasonable doubt. The only thing the
- verdict tells us was that there was a reasonable doubt as to Smith's
- guilt.
-
- >>>, yet almost a year after the trial I saw a story on CNN about him
- >>>entering med. school (or something like that) in Albequerque. Why was
- >>>this news? Because he was, "Accused rapist William Kennedy Smith"...
- >>
- >>I'm sure it had nothing to do with his grandparents.
- >
- >Could very well be. On the other hand, unless you happen to know for a
- >fact that he was guilty (don't recall your being a star witness in the
- >trial), isn't he supposed to receive the benefit of the doubt?
-
- Legally, yes. I wouldn't send him to jail, because he gets the benefit
- of the doubt.
-
- >Coming
- >from someone who is apparently a law student, I'm disappointed.
-
- Going to law school, contrary to popular opinion, doesn't divest one
- of one's critical reasoning abilities. Given that an investigative
- magazine was able to come up with a dozen-plus women who said that
- Smith sexually assaulted them in essentially the same fashion that
- Bowman accused Smith of, I find it hard to believe that so many
- women are lying.
-
- At any rate, which of the statements was untrue? "Accused rapist"? That's
- undeniable. He was accused of rape, which makes him an "accused
- rapist." "William Kennedy Smith"? Well, that's his name. So I'm
- unsure what you're objecting to. The whole story was news in the
- first place because he was a Kennedy. Otherwise, the story doesn't
- get in the papers in the first place. And Bowman doesn't get her
- name dragged through the mud by the New York Times.
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-