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The 'me too' movement

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K 



Joined: 09 Sep 2011


PostPosted: Fri May 10, 2019 2:19 pm
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Hollywood actor Yael Stone revealed as 'Witness X' in Rush trial

https://www.theage.com.au/national/hollywood-actor-yael-stone-revealed-as-witness-x-in-rush-trial-20190510-p51lzh.html

'On Friday, Justice Wigney granted a temporary injunction restraining the Telegraph from publishing allegations at the centre of the case. Mr Rush's barrister, Sue Chrysanthou, said the newspaper had "directly sought to make an attack on the vindication my client achieved a month ago".

The Telegraph agreed to the interim injunction on a "without admissions basis" but will ask Justice Wigney to recuse himself from making a final ruling on the issue when the parties return to court on May 20.'
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K 



Joined: 09 Sep 2011


PostPosted: Thu May 23, 2019 6:32 pm
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Geoffrey Rush wins record $2.9 million defamation payout

https://www.theage.com.au/national/geoffrey-rush-wins-record-2-9-million-defamation-payout-20190523-p51qc7.html

"... The Daily Telegraph agreed to pay the actor almost $2 million for lost earnings, on top of an $850,000 payout...

The court heard Mr Rush had previously offered to settle the case for $50,000, plus costs, and an apology.

The $1.98 million figure is in addition to $850,000 in compensatory and aggravated damages, plus $42,302 in interest, that Federal Court Justice Michael Wigney previously awarded Mr Rush to vindicate his reputation and compensate him for the "personal distress and hurt" caused by the reports.

Damages for economic loss are in a separate category and require proof of particular loss.

While the latest figure was reached by agreement, Nationwide News has launched an appeal against Justice Wigney's decision rejecting their defence of truth and delivering a comprehensive victory to Mr Rush."
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K 



Joined: 09 Sep 2011


PostPosted: Sat May 25, 2019 12:22 am
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Harvey Weinstein Is Said to Reach $44 Million Deal to Settle Lawsuits

https://www.nytimes.com/2019/05/23/business/harvey-weinstein-settlement.html
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David Libra

Rose with a violent heart


Joined: 27 Jul 2003
Location: où surréal côtoie

PostPosted: Sat May 25, 2019 1:16 am
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Incredible that even now he can still pay victims off. No true justice for the filthy rich, it seems.
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Pies4shaw 



Joined: 08 Oct 2007


PostPosted: Sat May 25, 2019 1:25 am
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Well, if they’re civil cases, they are just money claims, so of course they can be settled with money. If they’re criminal cases and they can be made to go away with money, that’s a whole different thing.
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David Libra

Rose with a violent heart


Joined: 27 Jul 2003
Location: où surréal côtoie

PostPosted: Sat May 25, 2019 1:58 am
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Fair point – but is it possible that even some of those civil settlements might have conditions, such as non-disclosure agreements and no adverse finding?

I understand why the concept of settlement exists (to save unnecessary legal resources plus a kind of restorative justice, which is something I support in principle), but the way it’s generally used in practice really doesn’t sit well with me.

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K 



Joined: 09 Sep 2011


PostPosted: Sat May 25, 2019 12:09 pm
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On that point, the article says:

"He is facing criminal charges in New York for allegations of sexual violence against two women. But more than 80 women have accused him of wrongdoing, and many of those complaints involve sexual harassment, which is a civil violation, not a criminal one. So the details of any settlement — such as whether it includes an admission of wrongdoing by Mr. Weinstein — would carry significant symbolism."
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K 



Joined: 09 Sep 2011


PostPosted: Sun May 26, 2019 2:29 am
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‘Heartbroken’: Weinstein Accusers Say $44 Million Settlement Lets Him Off the Hook

https://www.nytimes.com/2019/05/24/nyregion/harvey-weinstein-accusers-settlement.html

Two actresses who have sued the movie producer said they would not sign on, jeopardizing the proposed deal. Others expressed anger and disappointment.

"But the deal hinges on all of the plaintiffs agreeing to it. At least two, Ms. David and Alexandra Canosa, have rejected the proposal, according to the people close to the negotiations.

The proposed deal would eliminate civil liability for Mr. Weinstein and the company’s board, except in one lawsuit brought by the actress Ashley Judd, which was never part of the settlement negotiations, another person familiar with the talks said. Under the tentative agreement, Mr. Weinstein would also give up his claim against insurers for the cost of his criminal defense.

The company’s board members, including Mr. Weinstein’s brother and business partner, Bob Weinstein, would have to pay 30 percent of their own legal fees, the person said. No additional payments would be required."
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K 



Joined: 09 Sep 2011


PostPosted: Thu Jun 13, 2019 10:07 pm
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Alternative assault charges to be filed against actor Craig McLachlan

https://www.theage.com.au/national/alternate-assault-charges-to-be-filed-against-actor-craig-mclachlan-20190613-p51xcu.html

"Prosecutors will file more charges against actor Craig McLachlan to give a magistrate the option of deciding whether the allegations against him constitute common assault or indecent assault.
...

In April Mr McLachlan's lawyers successfully applied to keep the case before a magistrate rather than have it eventually proceed to a trial before a jury in the County Court.

Magistrate Johanna Metcalf's ruling means lesser penalties would be in play if Mr McLachlan is found guilty. Magistrates can impose a maximum jail term of two years on a single charge on a guilty person, and a maximum five years on multiple charges."
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K 



Joined: 09 Sep 2011


PostPosted: Sat Jun 29, 2019 3:11 am
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Don Burke wins 'pyrrhic victory' in defamation case against accuser

https://www.theage.com.au/national/don-burke-wins-pyrrhic-victory-in-defamation-case-against-accuser-20190628-p522d6.html

"But a claim will not be defamatory if there are denials included in the same publication that are strong enough to prevent the ordinary person believing the claim in the first place under a doctrine popularly known in the law as "bane and antidote".

Key to Justice Mossop's decision was the manner in which Grimshaw conducted the interview.

He said the veteran journalist confronted Mr Burke with the allegations against him with an "air of resignation and scepticism rather than hostility." In conjunction with the weight of claims against him, Grimshaw's manner served to undercut his denials, providing the antidote to Burke's bane.

It was on that basis that Ms Dent's claim failed.

"A fair-minded observer of the program would understand that there were credible allegations made by a number of people," Justice Mossop said."
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K 



Joined: 09 Sep 2011


PostPosted: Thu Jul 04, 2019 6:44 am
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Not sure if backward judge attitudes come under "me too", but...


Teen accused of rape deserves leniency because he’s from ‘good family’, US judge says

https://www.nytimes.com/2019/07/02/nyregion/judge-james-troiano-rape.html

"But a family court judge said it was not rape. Instead, he wondered aloud if it was sexual assault, defining rape as something reserved for an attack at gunpoint by strangers.

He also said the young man came from a good family, attended an excellent school, had terrific grades and was an Eagle Scout. Prosecutors, the judge said, should have explained to the girl and her family that pressing charges would destroy the boy's life.
...

Now the judge has been sharply rebuked by an appeals court in a scathing 14-page ruling that warned the judge against showing bias toward privileged teenagers.

In doing so, the appeals court cleared the way for the case to be moved from family court to a grand jury, where the teenager ... will be treated as an adult.
...

On July 30, 2018, Troiano denied the waiver to try the teenager as an adult, arguing that prosecutors had abused their discretion. Troiano said there was a "distinction" between "a sexual assault and a rape".

He said "the traditional case of rape" generally involved two or more males using a gun or weapon to corner a victim into an abandoned house, shed or shack, "and just simply taking advantage of the person as well as beating the person, threatening the person".
...

"This young man comes from a good family who put him into an excellent school where he was doing extremely well," the judge said. "His scores for college entry were very high."

The appellate decision criticised the judge, writing that rather than focusing on whether prosecutors met the necessary standards for a waiver, "the judge decided the case for himself"."
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David Libra

Rose with a violent heart


Joined: 27 Jul 2003
Location: où surréal côtoie

PostPosted: Thu Jul 04, 2019 8:57 am
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Sounds like the judge made the right decision for the wrong reasons. The ability to try teenagers as adults (apparently the key thing that was at stake in this decision) is one of the worst aspects of the American justice system, and should be opposed by anyone who cares about social progress. Besides that, obviously the judge’s reasoning is bewildering and unjustifiable – but the successful appeal, which means a 16 year old will now be tried and sentenced as an adult, is nothing to celebrate.
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stui magpie 

Oh the Premiership's a cakewalk


Joined: 03 May 2005
Location: preparing the Pilosocereus suppository

PostPosted: Thu Jul 04, 2019 7:40 pm
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^

I'd agree with that.

Giving someone a discount because they come from a good family, are doing well at school etc is bullshit. Someone who comes from a poor or broken family and struggles at school deserves an equal hearing in the eyes of the law

To try a child as an adult should firstly be reserved for particularly violent crimes and then only when there's a history of violence, youth incarceration and evidence that being treated as a child hasn't worked and is unlikely to work

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K 



Joined: 09 Sep 2011


PostPosted: Tue Jul 09, 2019 2:24 am
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Here we go again...

John Jarratt sues Daily Telegraph and journalist for defamation after rape acquittal

https://www.theage.com.au/national/nsw/john-jarratt-sues-daily-telegraph-and-journalist-for-defamation-after-rape-acquittal-20190708-p52591.html

"The story, published in the Telegraph the next day, was headlined: "Wolf Creek star in rape claim". It was written by Moran, the entertainment journalist who also penned the stories at the centre of the Geoffrey Rush defamation case.

Jarratt's trial heard the woman who accused him of rape made an initial complaint to police on November 10, 2017, and her case was assigned to a detective at Maroubra late on the afternoon of November 17.

Because that day was a Friday, the detective did not contact the woman until November 20, a Monday, to introduce himself and arrange for a statement to be taken.

The woman gave evidence in the trial that she "nearly had a heart attack" when she saw the story in the newspaper that weekend."
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K 



Joined: 09 Sep 2011


PostPosted: Fri Jul 19, 2019 2:11 am
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K wrote:
...
Teen accused of rape deserves leniency because he’s from ‘good family’, US judge says

https://www.nytimes.com/2019/07/02/nyregion/judge-james-troiano-rape.html

...


Rape Case Judge Resigns Over ‘Good Family’ Remark; State Orders Training

https://www.nytimes.com/2019/07/17/nyregion/judge-james-troiano-resigning.html

"The Supreme Court of New Jersey, responding to a nationwide backlash over insensitive comments made by several judges in sexual assault cases, announced new mandatory training on Wednesday for judges across the entire system.
...

The chief justice of the state Supreme Court said Judge Troiano, who had retired in late 2012, but continued to hear cases on a part-time basis, requested to step down. The court acceded and terminated his services effective immediately.
...

The Supreme Court also announced that it would begin removal proceedings for Judge John F. Russo, who asked a woman if she had closed her legs to try to prevent an alleged sexual assault.
...

Last month, the appeals court also scolded a Middlesex County family court judge, Marcia Silva, who said during the sexual assault case of a 12-year-old girl that “beyond losing her virginity, the state did not claim that the victim suffered any further injuries, either physical, mental or emotional.”

Officials have not taken any action against Judge Silva despite similar calls for her resignation.
...

Last week, the state’s top public defender came to the defense of Judges Troiano and Silva, issuing a rare public statement expressing concern on the impact the criticism of the judges could have on the judicial process.

“Vilifying or seeking the removal of judges who make unpopular or even erroneous decisions threatens the independence of the judiciary,” said Joseph Krakora, the top public defender for New Jersey. “Judges are simply lawyers entrusted with the responsibility of deciding difficult cases. Litigants sometimes feel that their decisions are incorrect or unfair. That is why we have appellate courts.” "
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