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Should minors who were raped have to face their attackers in court?

posted 1/12/2009 11:23:32 PM |
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  StraddleMyNose

Should minors who were raped have to face their attackers in court face to face, or should there be a shield to protect their identity in court? I just heard on the local news out of Cincinnati where an inmate who was accused of raping a 13 year old girl and got 25 years for it is now getting out after only 2 years becuse the case was thrown out because he had a right to face his accuser and wasn't aloowe to to where it violated his right.

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flavorbuster

Jan 12 @ 11:36PM  
I think so because it's concrete to put his demented ass away & who in the public would bother her after hearing this dreadful thing or am I reading this wrong ? Well he saw his accuser & by the courts he wasn't allowed to ....is that it ..... I think it's bullshit if that is the case
Pornosaurus

Jan 12 @ 11:37PM  
Adults ought to have the right to the Sixth Amendment, as I ought to exercise next week, but my understanding is that minors don't have the same protections, etc... That's like apples and oranges.
chocolatemilf

Jan 12 @ 11:40PM  
Never should they have to face these beasts in court..........but our reality is that most raped/molested kids face their attackers daily.........it's a way of life.......I do not condone it, but it has existed since the dawn of time..........
themama

Jan 12 @ 11:52PM  
I don't think they should have to see their attacker/attackers in court.. Just isn't right I don't think but they do do it..
flavorbuster

Jan 13 @ 12:02AM  
How are they going to get a conviction if the victim is not in court because the bullshit political system is designed by an idiot !!! It's not like they turn out the lights & shine a light in the accused eyes like they do on cops
casuallylooking

Jan 13 @ 12:43AM  
I think it depends on the minor....and they should be given a choice. Some could do it but some couldn't. I do however think they should only be questioned by a judge, not intimidated by a defense attorney for the rapist.
baddawg

Jan 13 @ 4:00AM  
here in the u.k. minors give evidence via video link so it's less intimidateing for them, as for that rapist oh! dear his rights were violated awwww! poor lamb well what about the girls right not to have her childhood taken away she will serve a life sentance while he will most likely sue for compensation TSK! makes my blood boil sorry i went a bit nuts there .
evild614

Jan 13 @ 4:03AM  
Minors should have a choice- but they need to understand that if they don't point out their assailant in court, they're blowing a big hole in the case and he might not be convicted. Rape is one of those unique crimes where if someone accuses you, as far as 99% of the people who hear of it are concerned, you're guilty, even if you didn't do it. It's important to remember that rape is still, in fact, a crime that ought to be treated like any other- someone standing trial for rape isn't a monster yet- they're [/I]accused[I] of rape.
Cootiesprayer

Jan 13 @ 6:53AM  
The state I live in if that happens they just have to give a written statement & point the accuser out in a line up. When it comes time to cross examine they have someone read the written statement. Hell no they shouldn't have to see there accuser, what if he gets out & goes looking for them.
ynot7769

Jan 13 @ 7:21AM  
just for the hell of it...........''WHAT IF" the accused is innocent?? "WHAT IF" it was YOU??? wouldn't you want the right to have a chance to prove an error in a line up or some other error?? should they HAVE to? no.....but to be fair....the accused must have some rights OR we're no better then any other country.............and NO i don't have to like it.... but thought i'd point out the 'flip side'
StraddleMyNose

Jan 13 @ 7:27AM  
''WHAT IF" the accused is innocent??

Exactly, Steve. I agree with you. I feel that the accused should be able to face his accuser. I know it's rough on some minors, but it has to be done.

Looks like it's split so far with women feeling that minors shouldn't have to face the accused, while guys feel that they should.
tassie1

Jan 13 @ 7:28AM  
I agree that minors shouldn't have to be put in such a position as going through facing their attackers face to face, fair enough a video link to the court hearing should be sufficient and I also agree the victim should only have to be questioned by the judge handling the case, not be-littled and intimidated even further by the defense lawyers.
as for the accused complaining about 'their' rights being violated its simple, don't be put in that position in the first place...
too many times the victims get a life sentance and have to deal with the repercussions of their ordeal while the perportrator only walks away with a smack on the fingers.
same with premeditated murder, the victims don't get a second chance at their life a couple of years down the track just cos they feel all sorry about happened, so why should the ppl who commit these crimes get a chance to go live their lives again as if nothing has happened.
* interesting topic. .
StraddleMyNose

Jan 13 @ 7:30AM  
interesting topic.

Thanks, Tassie!
girlcountry

Jan 13 @ 8:42AM  
I agree with CL....it depends on the age of the minor. And they should be questioned by the judge or have it done on video.
straightup_9

Jan 13 @ 9:38AM  
The proverbial "Slippery Slope".......

"There is an exception to every rule, EXCEPT the one that says there is an exception to every rule"

The right to face your accusor is an inherent right given by the Constitution.....and not up for negotiation....

It may be traumatic for a young child to face their rapist in court, but not nearly as traumatic as the rape in the first place, Not to mention the healing effect of being able to point out the person that did "bad things" to them.

Almost every rape victim says the same thing.....That being able to stand up in court, and point out their rapist is the best thing they have done....

Cootiesprayer

Jan 13 @ 12:18PM  
I agree that minors shouldn't have to be put in such a position as going through facing their attackers face to face, fair enough a video link to the court hearing should be sufficient and I also agree the victim should only have to be questioned by the judge handling the case, not be-littled and intimidated even further by the defense lawyers.
as for the accused complaining about 'their' rights being violated its simple, don't be put in that position in the first place...
too many times the victims get a life sentance and have to deal with the repercussions of their ordeal while the perportrator only walks away with a smack on the fingers.
same with premeditated murder, the victims don't get a second chance at their life a couple of years down the track just cos they feel all sorry about happened, so why should the ppl who commit these crimes get a chance to go live their lives again as if nothing has happened.


You couldn't have said it any better tassie! I completely agree with what you have to say. Kudos to you on your comments.
theSkwirl

Jan 13 @ 12:46PM  
If our judicial system is to remain some form of fair, facing the accused is necessary. I'm sorry for the children who have to do so.. that's what CASA is for.. to make sure that they aren't intimidated and further traumatized. But yes.. in order for the system to run.. they have to face the accused.

Now if the system only worked that way it would be great.. in reality.. not so much. The accused has far more rights than the victim.
evild614

Jan 13 @ 6:52PM  
don't be put in that position in the first place...

Are you serious? Anyone can be accused of rape! Even people who haven't hurt a fly in their entire lives get accused of rape. In the 19th and early 20th centuries, the easiest way to have a black man killed in some parts of the country was simply to have a white man say he raped his wife/daughter- no evidence, no cross-examination, and the alleged victim often didn't even have to go and testify. Just a convenient way to get a lynching. The idea of convicting an accused rapist without the right to face their accuser and cross-examine ALL the witnesses is, put simply, raping Lady Liberty.
ynot7769

Jan 13 @ 7:11PM  
Exactly, Steve. I agree with you. I feel that the accused should be able to face his accuser. I know it's rough on some minors, but it has to be done.

well it IS the law.............

Looks like it's split so far with women feeling that minors shouldn't have to face the accused, while guys feel that they should.

a thought....women CAN'T be accused or tried for rape either.........
ynot7769

Jan 13 @ 7:16PM  
as for the accused complaining about 'their' rights being violated its simple, don't be put in that position in the first place...

sorry but this is insane.....do YOU maintain a CONSTANT alibi for where you are and what you're doing??? if NOT your just as easy to be charged for ANY crime you didn't do as anyone else.....plain and simple ............just my NOT so humble opinion
StraddleMyNose

Jan 13 @ 7:33PM  
Steve... you, evild614, Sam, and straightup all made very good points that I totally agree with.

Looks like it's split so far with women feeling that minors shouldn't have to face the accused, while guys feel that they should.

a thought....women CAN'T be accused or tried for rape either.........

Some food for thought. That's about how it goes. Good comments posts, Steve!

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Should minors who were raped have to face their attackers in court?