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PostPosted: Thu Feb 27, 2014 3:48 am 
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http://m.spin.com/articles/conor-oberst-urged-drop-lawsuit-rape-right-speak-out/

http://m.rollingstone.com/music/news/conor-oberst-files-libel-lawsuit-over-rape-allegations-20140220

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conor Oberst shouldn't sue his alleged rape victim for libel, even if he's innocent, according to a national domestic violence advocacy group. Right to Speak Out announced today it's calling on the Bright Eyes mastermind to drop his legal action against a woman who has said he raped her in 2004. While Oberst has said he would donate any proceeds from the lawsuit to nonprofits supporting victims of violence against women, Right to Speak Out said the lawsuit still adds to a damaging culture of silence around sexual assault.

Joanie Faircloth has said, first anonymously in a comments section and then on her Tumblr page, that Oberst raped her. He has denied it and said he is bringing the lawsuit to clear his name. According to Right to Speak Out, the lawsuit will hurt victims. "It is offensive to imply that filing such a lawsuit is a respectable way to procure money regardless of what he declares he intends to do with it," the group said in a statement. "Even if Ms. Faircloth was not truthful, vilifying discussion of sexual assault by filing such a lawsuit only adds to the problem of under-reporting that enables sexual assault to proliferate at alarming rates." Only 21 percent of rapes are reported, according to the nonprofit, with only 7 percent of those ending in convictions.

However, Right to Speak Out in its statement twice said Oberst "raped" Faircloth, which, again, he has denied. Emily Davis, a spokesperson for the group, explained in a telephone interview: "Typically there is this idea of innocence until proven guilty, and in this case the lawsuit has actually been filed against Ms. Faircloth. Using that standard presumption we would presume that she is innocent of libel and that these were true statements, that was talking about those experiences from a point of truth, until proven otherwise."


This is fantastic. When some random person on the internet makes a rape claim from 10 years ago, well you're automatically a rapist. When you file a libel lawsuit for the bullshit, still a rapist until you actually win the lawsuit. The lawsuit itself, by the way, is victim blaming and shouldn't be filed at all, thus ensuring you remain a rapist with no recourse.


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PostPosted: Thu Feb 27, 2014 4:28 am 
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PostPosted: Thu Feb 27, 2014 7:55 am 
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Maybe there is something to this monogamy thing... He doesn't deserve to get accused though. Did it go to trial?

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PostPosted: Thu Feb 27, 2014 7:59 am 
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Welcome to neo-feminism. Where have you been?

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PostPosted: Thu Feb 27, 2014 8:31 am 
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This is classical feminism, not neo-feminism. They've held these opinions for quite a long time.

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PostPosted: Thu Feb 27, 2014 8:44 am 
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Nope calssicam feminism is about getting the law to treat women as equals with men.

This is about subjugating men and saw the rise with Dworkin et al not the suffragettes.

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PostPosted: Thu Feb 27, 2014 11:17 am 
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He should add Right to Speak Out to the libel suit.


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PostPosted: Thu Feb 27, 2014 4:25 pm 
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Gotta agree with Elmo on this one. If you don't want to be sued for libel, don't commit libel. Telling him he can't sue because it might hurt other rape prosecutions is hurting the victim, which is what they should not be doing.

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PostPosted: Thu Feb 27, 2014 4:26 pm 
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Xequecal wrote:
This is fantastic. When some random person on the internet makes a rape claim from 10 years ago, well you're automatically a rapist. When you file a libel lawsuit for the bullshit, still a rapist until you actually win the lawsuit. The lawsuit itself, by the way, is victim blaming and shouldn't be filed at all, thus ensuring you remain a rapist with no recourse.


How do you know it's some random person on the internet? How do we know he's right and she's wrong?

I get what the support group is saying, but there is a price for due process of law.


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PostPosted: Thu Feb 27, 2014 9:30 pm 
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Libel is an interesting law.

To prove libel, you only need to prove that they published a statement against you.

If this can be proven, their only defense is to prove the statement true. It is not the responsibility of the person claiming libel to prove the libelous statement false. They need to be able to back up what they said.

Generally, it's not in the interests of a guilty person to sue for libel, as the target of the lawsuit then has to start proving their case, which has the potential to be very damaging for the other party if it is true and can be proven...

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PostPosted: Fri Feb 28, 2014 7:58 am 
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^ That is very interesting. I had no idea.

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PostPosted: Fri Feb 28, 2014 8:49 am 
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Talya wrote:
Libel is an interesting law.

To prove libel, you only need to prove that they published a statement against you.

If this can be proven, their only defense is to prove the statement true. It is not the responsibility of the person claiming libel to prove the libelous statement false. They need to be able to back up what they said.

Generally, it's not in the interests of a guilty person to sue for libel, as the target of the lawsuit then has to start proving their case, which has the potential to be very damaging for the other party if it is true and can be proven...


On top of this, libel as a civil wrong, falls under the standard of "preponderance of the evidence." The defendant in a civil suit is not "innocent until proven guilty" because A) there is no "guilt" or "innocence" there's only liability, or the lack thereof and damage, or the lack thereof and B)the courts don't require "proof" only "more likely than not".

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PostPosted: Fri Feb 28, 2014 9:48 am 
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Depends on the state Diamondeye
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Criminal defamation

On the federal level, there are no criminal defamation or insult laws in the United States. However, on the state level, seventeen states and two territories as of 2005 had criminal defamation laws on the books: Colorado (Colorado Revised Statutes, § 18-13-105), Florida (Florida Statutes, § 836.01-836.11), Idaho (Idaho Code, § 18-4801-18-4809), Kansas (Kansas Statute Annotated, §21-6103(a)(1)), Louisiana (Louisiana R.S., 14:47), Michigan (Michigan Compiled Laws, § 750.370), Minnesota (Minnesota Statutes. § 609.765), Montana (Montana Code Annotated, § 13-35-234), New Hampshire (New Hampshire Revised Statute Annotated, § 644:11), New Mexico (New Mexico Statute Annotated, §30-11-1), North Carolina (North Carolina General Statutes, § 14-47), North Dakota (North Dakota Century Code, § 12.1-15-01), Oklahoma (Oklahoma Statutes, tit. 21 §§ 771-781), Utah (Utah Code Annotated, § 76-9-404), Virginia (Virginia Code Annotated, § 18.2-417), Washington (Washington Revised Code, 9.58.010 [Repealed in 2009[10]]), Wisconsin (Wisconsin Statutes, § 942.01), Puerto Rico (Puerto Rico Laws, tit. 33, §§ 4101-4104) and Virgin Islands (Virgin Islands Code, Title 14, § 1172).[11]

Between 1992 and August 2004, 41 criminal defamation cases were brought to court in the United States, among which six defendants were convicted. From 1965 to 2004, 16 cases ended in final conviction, among which nine resulted in jail sentences (average sentence, 173 days). Other criminal cases resulted in fines (average fine, 1700 USD), probation (average of 547 days), community service (on average 120 hours), or writing a letter of apology.[12]


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PostPosted: Fri Feb 28, 2014 10:11 am 
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Elmarnieh wrote:
Nope calssicam feminism is about getting the law to treat women as equals with men.

This is about subjugating men and saw the rise with Dworkin et al not the suffragettes.


TL; DR: Classical feminism has always been about subjugating men, using "equal rights" under the law as an argument, while failing to demand equal responsibility. Control of this narrative by pretending women had no power, ignoring the fact that women have immense power in the form of men's inherent biological drive to please women in order to secure a mate and reproduce. That desire to please has prevented effective counter-narrative until recently, when feminism has gone completely over-the-top in cases like this one. The average woman is not a feminist at all; she's an egalitarian.

Classical feminism was about subjugating men as well, although in a far less intentional and obvious manner.

Suffragettes and the like demanded equal eights for women, but did not demand and actively avoided equal responsibility. Women demanding the vote did not demand the draft, for example. Modern child support law arose from the "tender years doctrine" which came from efforts to protect the "rights" of women during divorce, while ignoring the fact that the reason children had gone with the father after divorce was that he was presumed responsible for their safety and welfare, which made perfect sense; men did the vast majority of work outside the home, earned most of the money, and therefore were held responsible for the family's finances. Although this doctrine is not technically in use any more, its effects still persist with vast favoritism towards women in divorce proceedings.

Tax and marital property laws were similar; in the UK the Married Women's Property Acts of 1870 and 1882 (for example) gave women control of their own property in marriage and the right to a fair division of assets upon divorce, but did not assign her any responsibility to use her income for the upkeep of her spouse or children as the husband had, nor any tax liability. The practical effect of these laws was that a man could be punished for his wife's failure to pay those taxes, and that he did not have control of her money to make sure she did so.

Classical feminism gave rise to the "angry feminism" of "second wave feminism", Dworkin, and other such types mainly because of this sort of focus on rights, while ignoring responsibilities. It did so because at the time, technology simply didn't yet permit women working in the vast majority of jobs because someone had to be at home, and the man was vastly more suited to physical labor. Furthermore, population was much, much lower than today and childbirth still fairly dangerous in the late 1800s/early 1900s, so women's role in childbearing was still a major matter of societal survival and advancement.

Most feminism of that era arose from middle-class/wealthy women wondering "why can't I be a lawyer/broker/banker/doctor like daddy, and why can't I have my own property in marrige" and agitating for those things, and ignored that Daddy, before he was a lawyer, was likely to have fought in the civil war and marched his company or regiment into rifle fire, and that her husband might end up doing the same thing in the Spanish-American war or her son in WWI. Even by WWII, where technology permitted more, women still stayed home - they went to the factories out of necessity, but women were not clamoring to be allowed in the infantry at that time, either.

We see them only now getting into those combat arms because again, technology permits - barely. Yet problems with the physical ability of women to fight in high-intensity combat are already appearing, and the simple fact is that few women actually want to do this. Some women want to do these male jobs, but even out of those that do, a large proportion only want the ability to do so because they previously couldn't; not because they are all that excited about directly exposing themselves to enemy tanks. Military jobs, like police work and firefighting have societal status and prestige, much like the barristers and bankers of the 1870s. Women want those jobs, but don't want to be coal miners nor garbage collectors for the most part - jobs that are hard, and pay well (often better than the 3 previously-mentioned uniformed jobs), but lack the same status.

Essentially, early feminists played traditional attitudes of needing to protect women against Western ideals of equality under the law to redress obvious inequalities of rights, while ignoring less obvious inequalities of responsibility. Over the years, the persistence of this attitude resulted in the situation we face today, where almost any area where gender issues arise massively favors women. Inequality of rights or results is easy to point out, but inequality of responsibility is harder to recognize because it requires second, third, and fourth order effect thinking and most people habitually don't do such thinking.

The average woman has never been a feminist at all, even though some call themselves that; the average woman is an egalitarian, who is perfectly content not to be drafted or serve in the infantry as long as she can serve in the quartermasters and get paid on the same scale as the male soldier. The average woman gets led along by feminists pointing out "inequalities" like the "gender wage gap" by feminists pointing out "inequality" without explaining why that inequality exists, and aided by a society conditioned to assume discrimination in the case of even minor group discrepancies. The average woman is pretty reasonable about understanding that the pay gap exists because of gender differences in type and amount of work done when its pointed out, and is quick to recognize unfair situations like child support orders that take up most or all of gross income in the midst of massive unemployment.. as long as it doesn't affect her personally in a negative way.

That isn't because women are hypocrites or anything; it's human nature. Men are just as likely to put self-interest ahead of principle; it's just that men are presently the losers in almost all areas of gender equality and so they don't have the opportunity in that area. Men do it in other areas.

Feminism has never been about "equality"; it's been about "equality in the good stuff". A hundred years ago it was the vote, without the draft. Unfair inequalities in marital property rights, taxes, and such were addressed, but responsibilities were not addressed along with them until much later. The 1960s saw the addressing of other unfairness (equal pay for equal work) but that has distorted into a demand for equal pay across the genders in general (gender wage gap) that ignores type and amount of work performed, and just like the wealthy women of yesteryear wanting to be barristers without considering that poor women did not want to work in the foundry or coal mine, talks frequently about female CEOs as if they actually mattered, ignoring that the wage differences of millionaires aren't really that important to the status of equality to the average person. The on-the-job death rate gap, by the way, is suspiciously left out of the conversation; men account for about 92% of on the job deaths.

This/ explains why, and while normally I would avoid a blog post, in this case it's important because he cites the Bureau of Labor Statistics numbers, and then goes on to do the gender analysis the government avoids. Probably because pointing out the "gender death gap" would bring the ire of feminists down on the elected official.

Rape statistics are no different; rapes are "underreported" because A) prison rape is mostly ignored A) rape against men is not taken seriously, regardless of prison or not, and regardless the the gender of the perpetrator and C) feminists continue to portray proper investigation of rape and due-process rights of the accused as "victim blaming" and "you won't be believed by the police", thus frightening women into not reporting. Education campaigns against rape continue to portray the average man as a rape threat, ignoring that the typical date rapist is a recidivist who will offend as often as he can get away with, thus facilitating the manipulation many rapists engage in to discourage reporting ("I made a bad decision; I'm sorry; it'll never happen again." Yes it will. Probably next weekend, to someone else). Furthermore the lid is starting to come off of this with feminists endlessly trying to protect false rape claims from detection, and making absurd claims like the one in the OP, so far in defiance of common sense that they are prejudicing the system against rape victim advocacy, if not the victims themselves.

The bottom line is that feminism has always been about selective equality. Most women are not feminists. Most "male feminists" really aren't either; these people are mostly just people who have been selectively informed by feminist activism controlling the national narriative on these issues. The feminist, like her forebearers, (temperance movement, anyone?) is an angry controlling woman seeing only the facts she wishes to see, and using screaming outrage to get her way, relying on the wish of the average person to appear fair-minded to gain support for her prima facia grievances. She's not any different than Jesse Jackson misrepresenting race relations to make himself wealthy and gain political power.

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Last edited by Diamondeye on Fri Feb 28, 2014 2:25 pm, edited 1 time in total.

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PostPosted: Fri Feb 28, 2014 10:13 am 
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TheRiov wrote:
Depends on the state Diamondeye
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Criminal defamation

On the federal level, there are no criminal defamation or insult laws in the United States. However, on the state level, seventeen states and two territories as of 2005 had criminal defamation laws on the books: Colorado (Colorado Revised Statutes, § 18-13-105), Florida (Florida Statutes, § 836.01-836.11), Idaho (Idaho Code, § 18-4801-18-4809), Kansas (Kansas Statute Annotated, §21-6103(a)(1)), Louisiana (Louisiana R.S., 14:47), Michigan (Michigan Compiled Laws, § 750.370), Minnesota (Minnesota Statutes. § 609.765), Montana (Montana Code Annotated, § 13-35-234), New Hampshire (New Hampshire Revised Statute Annotated, § 644:11), New Mexico (New Mexico Statute Annotated, §30-11-1), North Carolina (North Carolina General Statutes, § 14-47), North Dakota (North Dakota Century Code, § 12.1-15-01), Oklahoma (Oklahoma Statutes, tit. 21 §§ 771-781), Utah (Utah Code Annotated, § 76-9-404), Virginia (Virginia Code Annotated, § 18.2-417), Washington (Washington Revised Code, 9.58.010 [Repealed in 2009[10]]), Wisconsin (Wisconsin Statutes, § 942.01), Puerto Rico (Puerto Rico Laws, tit. 33, §§ 4101-4104) and Virgin Islands (Virgin Islands Code, Title 14, § 1172).[11]

Between 1992 and August 2004, 41 criminal defamation cases were brought to court in the United States, among which six defendants were convicted. From 1965 to 2004, 16 cases ended in final conviction, among which nine resulted in jail sentences (average sentence, 173 days). Other criminal cases resulted in fines (average fine, 1700 USD), probation (average of 547 days), community service (on average 120 hours), or writing a letter of apology.[12]


Technically yes, some states have criminal defamation statutes, but 41 cases in 12 years makes them almost totally irrelevant, and that doesn't change how civil defamation works. He's suing under the civil system, not making a criminal complaint.

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PostPosted: Fri Feb 28, 2014 10:49 am 
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Talya wrote:
Libel is an interesting law. To prove libel, you only need to prove that they published a statement against you. If this can be proven, their only defense is to prove the statement true. It is not the responsibility of the person claiming libel to prove the libelous statement false. They need to be able to back up what they said.

I don't know how it works in Canada (though I do know that UK defamation law is more plaintiff-friendly than US law), but in the US, falsity is an element of the tort claim and must be proven by the plaintiff by a preponderance of the evidence. A lot of people get confused about who has the burden because it's common to say that "truth is an absolute defense" against a claim of defamation (which is a line from a USSC case on the issue), but the burden of proving the element of falsity does still rest with the plaintiff.

*ETA: Note that this is the modern approach in the US, thanks to a string of USSC cases beginning in the 60s. Prior to that, the common law approach varied from state to state, and many did require the defendant to prove the allegedly defamatory statement was true or to at least demonstrate a reasonable basis for believing it was. Now that I think about it, Canada, as a Commonwealth country, probably does follow the older common law approach.

*ETA 2: Sorry for the string edits. Just refreshing my memory on the issues (Torts class was 6 years ago, after all!), and wanted to point out that there's actually no clear rule in the US when the allegedly defamatory statement is made about a private person on matters of strictly private concern (e.g., "My neighbor, Bob, is cheating on his wife!"). The USSC rulings thus far apparently only explicitly touch on cases involving plaintiffs who are public figures or on cases involving matters of public concern (applicable even if the plaintiff is a private person).


Last edited by RangerDave on Fri Feb 28, 2014 11:30 am, edited 3 times in total.

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PostPosted: Fri Feb 28, 2014 11:09 am 
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Diamondeye wrote:
Elmarnieh wrote:
Nope calssicam feminism is about getting the law to treat women as equals with men.

This is about subjugating men and saw the rise with Dworkin et al not the suffragettes.


TL; DR: <insert 5 page dissertation here>

:lol:

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PostPosted: Fri Feb 28, 2014 1:38 pm 
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Hopwin wrote:
Diamondeye wrote:
Elmarnieh wrote:
Nope calssicam feminism is about getting the law to treat women as equals with men.

This is about subjugating men and saw the rise with Dworkin et al not the suffragettes.


TL; DR: <insert 5 page dissertation here>

:lol:


The TL;DR referred to my 1st paragraph for those who didn't want to read the whole long post, but I guess that wasn't totally clear.

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PostPosted: Fri Feb 28, 2014 1:47 pm 
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Bro you are supposed to put TL;DR's at the bottom :D


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