17 replies to this topic

[Steel Samurai]

MORAGA -- Kristen Cunnane was "careless and negligent" and contributed to her ongoing sexual abuse at the hands of a middle school teacher, the Moraga School District claimed in its first legal response to the UC Berkeley swim coach's lawsuit against the school district and three former administrators.
The district and three other defendants claim Cunnane "was herself responsible for the acts and damages of which she claims," in the Oct. 24 legal filing.
"Carelessness and negligence on (Cunnane's) part proximately contributed to the happenings of the incident and to the injuries, loss and damages," they claim.

Full article here: http://www.insidebay...ews/ci_21906364
Like, what the actual fucking fuck?
I don't understand how any school can think this is appropriate or how they expect parents to trust them with their children after this. If I was the parent of a kid at the school I would pull them out immediately.

[Sir Deimos]

Does that excuse even have a chance at working? This is disgusting. I hate this world sometimes.

[Twinrova]

Unfortunately yes. As disgusting as this is, it's far, far, far, FAR from the first time someone has used victim blaming as a way to deal with rape.

[Hypnotic13]

But a 12 year old??

I hope this doesn't work, and if it does, I'm sorry but I am glad I am Canadian.

[J-Roc]

Anyone associated with this line of thought should be on a sex offender list, just for being this stupid.

[Elvenlord]

'Murikah.

[Egann]

Now now, it's the *job* of the defense attorney to come up with *something* to say in the defense of the perpetrator. And this is indeed from the attorney, not a ruling from the court. Don't exaggerate matters recklessly.

Still, this argument is grounds for firing them. You've not only ruined the chance of a not guilty verdict, but you've ruined the case's PR. Yeah. Thanks a lot.

[arunma]

OK everyone, just to clarify to those who didn't read the article yet, Kristen Cunnane (the victim here) is now 30; she was 12 when the abuse happened years ago. Yes it's bad, but let's just be clear that the school district isn't saying this to a 12 year old.

As I was reading, I was going to point out that people throw out false rape allegations all the time, e.g. the guy who accused the Sesame Street voice actor of molesting him, then recanted, then recanted his recantation. I was going to observe that there's a fundamental problem with the way our justice system treats rape, in that it denies basic rights to defendants like the right to confront one's accuser in court As you all know, I'm big into defendants' rights, as every American who believes in the law should be. It would have been a grand discussion, I think.

...and then it went and pointed out that this matter has already been settled, because the abusers already pled guilty and the facts of the case aren't in question by anyone. So yeah, this is a pretty bad thing the school district is doing. True, a good civil defense lawyer is obligated to do everything possible to defend his clients. But when the facts aren't in dispute, the school district should be happy to settle out of court rather than dare go to trial and lose (as they should). Bad form on their part for sure.

[Oberon Storm]

OK everyone, just to clarify to those who didn't read the article yet, Kristen Cunnane (the victim here) is now 30; she was 12 when the abuse happened years ago. Yes it's bad, but let's just be clear that the school district isn't saying this to a 12 year old.

That doesn't really make it any better.

As I was reading, I was going to point out that people throw out false rape allegations all the time, e.g. the guy who accused the Sesame Street voice actor of molesting him, then recanted, then recanted his recantation. I was going to observe that there's a fundamental problem with the way our justice system treats rape, in that it denies basic rights to defendants like the right to confront one's accuser in court As you all know, I'm big into defendants' rights, as every American who believes in the law should be. It would have been a grand discussion, I think.

The Duke lacross case is a better example.

I would generally agree with you. A rape case defendant has rights. There have even been cases in the past where a large number of children falsely accused the adults in charge of their care with molestation. This case is diferent in that no one is disputing the crime commited. They are saying the woman, a 12 year old at the time, was culpable in her own abuse. Being a minor at the time, I would think, kind of negates that argument.

[Mark]

rape....

feel like saying:

meh

fucking is fucked up anyway.

and fucking is fucking is fucking.

[Wolf O'Donnell]

When I saw the title, I thought you guys were talking about the case over here where a girl was thought to have been sexually assaulted for two to three hours. I didn't think there was anything to debate about that one.

[arunma]

That doesn't really make it any better.

Well let's not let moral outrage give way to irrationality. A school district calling a 30 year old a liar is certainly not as bad as calling a 12 year old a liar. They're both bad, but one is worse. If they were calling a current 12 year old a liar, I'd think we should be having a discussion about how this district deals with ongoing problems among students. In this case the facts are all stipulated and the claim of lying is more a legal tactic. If the acts of the teachers weren't already confirmed and a kid's complaints were being ignored, that would be a different problem altogether, wouldn't it?

The Duke lacross case is a better example.

I would generally agree with you. A rape case defendant has rights. There have even been cases in the past where a large number of children falsely accused the adults in charge of their care with molestation. This case is diferent in that no one is disputing the crime commited. They are saying the woman, a 12 year old at the time, was culpable in her own abuse. Being a minor at the time, I would think, kind of negates that argument.

The Duke case is an excellent specific example, yes. And like you said, this is a different case entirely. Fortunately, here the accused's rights aren't at issue.

[Oberon Storm]

But they're not calling her a liar. They're saying she is partially to blame for her own abuse.

[SOAP]

The only way I can see that is if she, as a 12 year-old, forced herself on her teacher and even then the words "negligent" and "careless" don't make much sense. It makes it sound like it slipped her mind that she shouldn't be doing that but even if that were the case, it's not up a 12 year-old to know her place, it was the teacher who should have known better and told her to stop. That's assuming she forced herself on the teacher and then many years later called it rape. I'm not sure what they're trying to say happened. It makes no sense.

[J-Roc]

Uh I don't know about in the US but in Canada its always rape if its a minor.

[Fëanen]

Uh I don't know about in the US but in Canada its always rape if its a minor.

Yep, it's called statutory rape here. The age and details vary by state, but a minor and an adult cannot by definition have consensual sex. SOAP's right in that it's the adult's responsibility to put a stop to it. Plus, teachers are absolutely forbidden from having sex with students.

I agree with Egann that the main reason for these appalling statements is the defense has to say something. But honestly, if that's your best defense you really ought to just settle.

[J-Roc]

Thanks for clarifying Fea I read back a bit as well.

At the end of the day, would you say something completely outlandish and evil for $5? If you would, you're a douche.

The world just needs less douches.

[Showsni]

So, according to the article she was abused by this woman over a period of four years after trying to seek the teacher's help because another teacher was abusing her. And the attorney is now claiming that her negligence/carelessness lead to this second string of abuses. They're claiming that the child coming forward to a teacher she throught she could trust about the first abuse is careless and negligent.

What kind of horrible message is that to children, or anyone? If you're being molested, then telling a responsible adult is careless and negligent and will lead to any further molestations being your own fault? Yeah, great message to send there.