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PyneRyder's avatar

Thanks Andrea. Definitely a series of cases to watch. The prosecutors have a tough road ahead fighting a Billion dollar industry of horrific crimes against children and probably many others. I feel we are just now peeling back the layers and other high profile clients are exposed like tech company giants, elected politicians, and executive branch culprits. Since we are likely never see a courtroom camera in Federal Court, we will need to live vicariously through legal analysts to dissect the public filings. My investigation of local Federal Court hearings in PACER does require some $$ to be spent just to understand the posture of case actions.

There is an Army of non-lawyers ready and willing to piece details together and attend court, especially those of us that are retired and spent years battling government and administrative entities. Used law textbooks are cheap on E-Bay as well. Law school without going to law school approach.

Court staff from bailiffs to clerks love to chit chat and are so helpful to understand day-to-day operations. Especially when you do not have a camera shoved in their face.

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Pam Erthal's avatar

I really appreciate your thorough and clear analysis. Thank you!

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Susan Liang's avatar

A large muscular male grabbing and throwing a 13 y/o's entire body twice, waiting a few seconds while she is raped/forced by another, then raping/forcing her is not "force"? Tag team or gang rape is not forcible? (not just one big male, but two).

I guess I learned

my English from another dictionary. "A rose is a rose is a rose."

Add to the above the rapists entering the room.

I do like your analysis though. Thank you.

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Andrea Burkhart's avatar

Not inherently, no. It's rape, but not necessarily forcible rape. The issue with forcible compulsion is not whether these things happened, but whether they had the purpose and effect of compelling her to submit. It's not uncommon for sex to be forceful, and victims can and often do submit to unwanted sex because they feel compelled for reasons other than physical fear. If we take the allegations in the complaint to be true, they would establish that forceful acts occurred (against someone legally incapable of consenting) but not that they were done to intimidate her or restrain her.

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Nicola Maxwell's avatar

Thank you! It most definitely happens just as you described but often we don't say anything because we're scared and didn't fight through fear. You're amazing Andrea!

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Susan Liang's avatar

These are my allegations only.

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