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David
I dare you to try
Joined: 27 Jul 2003 Location: Andromeda
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Post subject: Professor who had sex with disabled man found guilty of rape | |
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This is a fascinating/sad story:
http://www.nytimes.com/2015/10/25/magazine/the-strange-case-of-anna-stubblefield.html
What are your thoughts? Was it right for the court to put her in the same category as a violent rapist? And is it fundamentally wrong for intellectually disabled adults to have sex? _________________ All watched over by machines of loving grace |
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Culprit
Joined: 06 Feb 2003 Location: Port Melbourne
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Strange case indeed. Is she guilty on evidence provided? If I was a juror I could not find her guilty and nor could I put her in that category. I knew a sex worker who worked with mainly disabled men. Many of the men's families organised the booking so to speak. She has stopped all that these days but remains close to the families. Her view was these men despite their disability had needs that people simply ignore. |
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think positive
Side By Side
Joined: 30 Jun 2005 Location: somewhere
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But she wasn't a sex worker employed for his pleasures, which of course would have been fine. She was his teacher. And like any teacher, she had the power, the upper hand, the authority, and his parents entrusted her to do the right thing.
IF she's being 100% truthful why not produce an independent witness who is qualified in using the equipment used for communication (I've seen that used in movies and on various shows) and ask him questions as you would ask anyone else in a simular situation? Relationship wise I mean, not disability wise. Because she is asking he be treated like an adult, well then he needs to be questioned as an adult to protect him. It would be very easy for her to manipulate him. An independent witness could give an honest answer as to his mental age. And that's what's important here.
But the whole thing for me boils down to She was his teacher, his therapist, and therefore this relationship is wrong. She crossed the line. Just as the high school professor, female or male, having a relationship with a student in their class. If the feelings are real, you seperate yourself and wait.
The thing is though, this is a very unusual case, where do you find another therapist he would have a report with? And for me that's the crux right there. He is dependant on her. And now he doesn't have her, he may never trust again, and will be locked back in his mental prison. There is the "victim" right there. She screwed up. Should she be jailed for 40 years? I'd need to know more before I decided that. But from the article, I 100% get where the parents are coming from. And let's not forget the woman's husband and children. She has let down a lot of people here. There are no winners in this case. None at all. But that doesn't mean the relationship should be allowed to continue. That's why there is a line to be crossed in the first place. And yes I believe she crossed it. _________________ You cant fix stupid, turns out you cant quarantine it either! |
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Culprit
Joined: 06 Feb 2003 Location: Port Melbourne
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I know she wasn't a sex worker. I threw that in as that is why I came to my decision. In saying that, the prosecution would not allow me on the jury.
Yep she crossed the line that's for sure. Was it about power or love? Does it matter as she was a teacher? Mind you if this was a Male teacher and a female patient we would be harsher in our views? |
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think positive
Side By Side
Joined: 30 Jun 2005 Location: somewhere
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Culprit wrote: | I know she wasn't a sex worker. I threw that in as that is why I came to my decision. In saying that, the prosecution would not allow me on the jury.
Yep she crossed the line that's for sure. Was it about power or love? Does it matter as she was a teacher? Mind you if this was a Male teacher and a female patient we would be harsher in our views? |
Yes it matter she was the teacher because he is not a competent adult in the eyes of the law. If she was confident that's incorrect she should gave got someone qualified to qualify that BEFORE she engaged in a romantic relationship of any kind with him.
In this situation male or female doesn't matter but I get your point. Subconsciously probably would be harsher on a man, it's that whole bigger stronger thing, bug on this case, he's defenceless. _________________ You cant fix stupid, turns out you cant quarantine it either! |
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Tannin
Can't remember
Joined: 06 Aug 2006 Location: Huon Valley Tasmania
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American "justice" at its very, very worst.
Now maybe the relationship was OK, maybe it wasn't, but throwing around 40 years in jail for a very, very borderline case is palpably insane.
Still, I suppose it's at least a little better than being an unarmed black man: then they just shoot you. _________________ �Let's eat Grandma.� Commas save lives! |
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David
I dare you to try
Joined: 27 Jul 2003 Location: Andromeda
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think positive wrote: | IF she's being 100% truthful why not produce an independent witness who is qualified in using the equipment used for communication (I've seen that used in movies and on various shows) and ask him questions as you would ask anyone else in a simular situation? Relationship wise I mean, not disability wise. Because she is asking he be treated like an adult, well then he needs to be questioned as an adult to protect him. It would be very easy for her to manipulate him. An independent witness could give an honest answer as to his mental age. And that's what's important here. |
This is the problem: the court simply decided to throw out her methodology as invalid before the case even began, so any independent practitioner (who would, one presumes, have found in her favour) could not have testified. The odds were stacked against her the minute she walked into that court room.
I'm not necessarily saying they were wrong to do so, mind you – perhaps it is junk science on par with tarot card reading and homeopathy. But even if that is so, there are substantial mitigating factors here, such as a) the fact that she seems to have quite earnestly believed he was 'of age' intellectually (interestingly, this would be a defence in many statutory rape cases) and b) the likely lack of lasting harm it has caused him, if he is mentally unable to process what happened (you can point out that he has suffered because of her absence from his life, but you can't punish someone for being punished!). These things surely need to be taken into account in sentencing.
I certainly get your points that she breached her duty of care, but what she has been found guilty of is far more serious than that and carries far more substantial penalties. _________________ All watched over by machines of loving grace |
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Culprit
Joined: 06 Feb 2003 Location: Port Melbourne
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That's the US System. |
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Tannin
Can't remember
Joined: 06 Aug 2006 Location: Huon Valley Tasmania
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If I was so disabled I couldn't walk or talk, never mind being hopelessly incontinent, and someone volunteered to blow me, I'd want Congress to stamp a special-issue medal of joy for them. _________________ �Let's eat Grandma.� Commas save lives! |
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think positive
Side By Side
Joined: 30 Jun 2005 Location: somewhere
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Tannin wrote: | If I was so disabled I couldn't walk or talk, never mind being hopelessly incontinent, and someone volunteered to blow me, I'd want Congress to stamp a special-issue medal of joy for them. |
that would be funny if the guy didnt have the intellect of a child _________________ You cant fix stupid, turns out you cant quarantine it either! |
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Dave The Man
Joined: 01 Apr 2005 Location: Someville, Victoria, Australia
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Should be Given the Death Penalty _________________ I am Da Man |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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think positive wrote: | Tannin wrote: | If I was so disabled I couldn't walk or talk, never mind being hopelessly incontinent, and someone volunteered to blow me, I'd want Congress to stamp a special-issue medal of joy for them. |
that would be funny if the guy didnt have the intellect of a child |
That's the thing. If the guy does have the intellect of a child then she seriously stuffed up, if she's correct and he has a normal intellect but is hampered from expressing it by his disability, different argument.
I could think of little worse than having a sound mind trapped inside a body that wouldn't even let you communicate let alone do basic things we take for granted. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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think positive
Side By Side
Joined: 30 Jun 2005 Location: somewhere
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stui magpie wrote: | think positive wrote: | Tannin wrote: | If I was so disabled I couldn't walk or talk, never mind being hopelessly incontinent, and someone volunteered to blow me, I'd want Congress to stamp a special-issue medal of joy for them. |
that would be funny if the guy didnt have the intellect of a child |
That's the thing. If the guy does have the intellect of a child then she seriously stuffed up, if she's correct and he has a normal intellect but is hampered from expressing it by his disability, different argument.
I could think of little worse than having a sound mind trapped inside a body that wouldn't even let you communicate let alone do basic things we take for granted. |
Totally agree, there were many people lucid but with no control of their body, in mums nursing home. So horribly sad and cruel.
Re the woman, ifit was true she should have produced someone else who could prove it true. But she jumped in before proving it. So she's stuffed _________________ You cant fix stupid, turns out you cant quarantine it either!
Last edited by think positive on Thu Nov 03, 2016 6:50 am; edited 1 time in total |
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David
I dare you to try
Joined: 27 Jul 2003 Location: Andromeda
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The article makes it clear that she was following an established, albeit controversial, scientific method. Certainly, there are a lot of conflict-of-interest issues here: she was trying to be not only scientific researcher, teacher and lover, but also the gatekeeper for all of the man's communication. And yet, I still don't believe that she acted out of malice. Surely that counts for something?
The American justice system, however, I think is far too preoccupied with teaching people a lesson than it is with actually producing fair, common-sense results.
think positive wrote: | Tannin wrote: | If I was so disabled I couldn't walk or talk, never mind being hopelessly incontinent, and someone volunteered to blow me, I'd want Congress to stamp a special-issue medal of joy for them. |
that would be funny if the guy didnt have the intellect of a child |
But did she harm him? I can't think of a more fundamentally important question here. You may think Tannin is being too flippant, but have you created a victim where there is none? _________________ All watched over by machines of loving grace |
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think positive
Side By Side
Joined: 30 Jun 2005 Location: somewhere
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I didn't think when I read it that malice was intended at all. But she failed her duty of care.
Am I creating a victim? Maybe I am but can we risk believing there isnt one?
That sets a pretty bad precedent.
Think of the men who come out later in life with their childhood memories about sexual activity with a female adult. Sounds like every boys wet dream, but for how many is it a shame filled nightmare instead?
Do I think she deserves 40 years? Absolutely not. It's crazy. Does she deserve to be in jail at all? For that I'd need an independent expert in this kind of disability to tell me exactly where his mentality is at. If she had had a decent lawyer, the defence would have produced one, surely.
One thing for sure, her student is now lonelier than ever, and probably very confused. And that is on her. 100%. If your going to pursue a relationship with someone who is in your care in what ever shape or form, you need to clarify exactly what that means before you take the first step. She didn't. _________________ You cant fix stupid, turns out you cant quarantine it either! |
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