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QUOTE (LDF @ Aug 10, 2015 -> 12:57 PM)
that is a great point. can't imagine her cross examine and when they start asking about her past sexual encounters.

 

Many states have "rape shield" laws that limit that kind of thing.

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QUOTE (PlaySumFnJurny @ Aug 10, 2015 -> 07:09 PM)
Many states have "rape shield" laws that limit that kind of thing.

 

yes you do have a point on different states. which i do not know if NY is one of them.

 

second, in the examination and cross examination when evidence in introduce and can be question, it might be there where it may come to lite and or intro. leaving the rest to question that line.

 

this is going to be the best lawyers the defense can pay vs the district attorney.

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QUOTE (LDF @ Aug 10, 2015 -> 01:22 PM)
yes you do have a point on different states. which i do not know if NY is one of them.

 

second, in the examination and cross examination when evidence in introduce and can be question, it might be there where it may come to lite and or intro. leaving the rest to question that line.

 

this is going to be the best lawyers the defense can pay vs the district attorney.

 

New York's Rape Shield Law

 

§ 60.42 Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases.

Evidence of a victim's sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense defined in article one hundred thirty of the penal law unless such evidence:

 

1. proves or tends to prove specific instances of the victim's prior sexual conduct with the accused; or

 

2. proves or tends to prove that the victim has been convicted of an offense under section 230.00 of the penal law within three years prior to the sex offense which is the subject of the prosecution; or

 

3. rebuts evidence introduced by the people of the victim's failure to engage in sexual intercourse, deviate sexual intercourse or sexual contact during a given period of time; or

 

4. rebuts evidence introduced by the people which proves or tends to prove that the accused is the cause of pregnancy or disease of the victim, or the source of semen found in the victim; or

 

5. is determined by the court after an offer of proof by the accused outside the hearing of the jury, or such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination, to be relevant and admissible in the interests of justice.

 

Also the district attorney who is in charge of the case so far is from the Special Victim's Unit and routinely prosecutes the county's hardest sex cases. I would bet that Kane's defense attorney has at most tried five sex cases, if any, whereas this assistant district attorney on the case has done maybe 100s. There is no doubt in my mind that the county has the more qualified attorney for this specific case.

Edited by maggsmaggs

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QUOTE (maggsmaggs @ Aug 10, 2015 -> 03:05 PM)
New York's Rape Shield Law

 

§ 60.42 Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases.

Evidence of a victim's sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense defined in article one hundred thirty of the penal law unless such evidence:

 

1. proves or tends to prove specific instances of the victim's prior sexual conduct with the accused; or

 

2. proves or tends to prove that the victim has been convicted of an offense under section 230.00 of the penal law within three years prior to the sex offense which is the subject of the prosecution; or

 

3. rebuts evidence introduced by the people of the victim's failure to engage in sexual intercourse, deviate sexual intercourse or sexual contact during a given period of time; or

 

4. rebuts evidence introduced by the people which proves or tends to prove that the accused is the cause of pregnancy or disease of the victim, or the source of semen found in the victim; or

 

5. is determined by the court after an offer of proof by the accused outside the hearing of the jury, or such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination, to be relevant and admissible in the interests of justice.

 

Also the district attorney who is in charge of the case so far is from the Special Victim's Unit and routinely prosecutes the county's hardest sex cases. I would bet that Kane's defense attorney has at most tried five sex cases, if any, whereas this assistant district attorney on the case has done maybe 100s. There is no doubt in my mind that the county has the more qualified attorney for this specific case.

Obviously, there is nothing stopping Kane from hiring a co-counsel that is an expert in the defense of sexual assault/rape cases.

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QUOTE (iamshack @ Aug 10, 2015 -> 06:05 PM)
Obviously, there is nothing stopping Kane from hiring a co-counsel that is an expert in the defense of sexual assault/rape cases.

No doubt. My point more so was that just because the attorney is from the DA's Office, that does not mean the attorney isn't very good.

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QUOTE (maggsmaggs @ Aug 10, 2015 -> 11:05 PM)
New York's Rape Shield Law

 

§ 60.42 Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases.

Evidence of a victim's sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense defined in article one hundred thirty of the penal law unless such evidence:

 

1. proves or tends to prove specific instances of the victim's prior sexual conduct with the accused; or

 

2. proves or tends to prove that the victim has been convicted of an offense under section 230.00 of the penal law within three years prior to the sex offense which is the subject of the prosecution; or

 

3. rebuts evidence introduced by the people of the victim's failure to engage in sexual intercourse, deviate sexual intercourse or sexual contact during a given period of time; or

 

4. rebuts evidence introduced by the people which proves or tends to prove that the accused is the cause of pregnancy or disease of the victim, or the source of semen found in the victim; or

 

5. is determined by the court after an offer of proof by the accused outside the hearing of the jury, or such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination, to be relevant and admissible in the interests of justice.

 

Also the district attorney who is in charge of the case so far is from the Special Victim's Unit and routinely prosecutes the county's hardest sex cases. I would bet that Kane's defense attorney has at most tried five sex cases, if any, whereas this assistant district attorney on the case has done maybe 100s. There is no doubt in my mind that the county has the more qualified attorney for this specific case.

 

you did a good job and finding this piece of jurisprudence. nice job.

 

now i would like to point out, i am not for or against anyone, i am only for due process of the law. in that, whether the lady making the claim or the hockey players making his claim. that, i do not care. i only care about the how it goes down and how anyone should not have formed an opinion prior to the the evidence being presented.

 

now back to you little piece, i can see how the lawyers will hear the evidence and try to find loop holes in this any of this, the above ruling.

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I heard today that Kane's girlfriend's brother tweeted a picture from Kane's day with the Cup yesterday or the day prior & he was with Kane and the Cup. Doesn't it seem odd that Kane "raped" someone and yet his girlfriend as well as his brother showed up to his day with it?

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QUOTE (soxfan49 @ Aug 10, 2015 -> 07:31 PM)
I heard today that Kane's girlfriend's brother tweeted a picture from Kane's day with the Cup yesterday or the day prior & he was with Kane and the Cup. Doesn't it seem odd that Kane "raped" someone and yet his girlfriend as well as his brother showed up to his day with it?

 

This can't be a serious post, right?

 

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QUOTE (LittleHurt05 @ Aug 10, 2015 -> 07:48 PM)
This can't be a serious post, right?

If you were accused of rape, would your wife/girlfriend come to your birthday party tomorrow?

 

My point was that he was accused of rape 2-3 days prior to his day with the Cup. That many days later, he has his day yet his girlfriend and her brother show up to Kane's house?

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QUOTE (soxfan49 @ Aug 10, 2015 -> 08:06 PM)
If you were accused of rape, would your wife/girlfriend come to your birthday party tomorrow?

 

My point was that he was accused of rape 2-3 days prior to his day with the Cup. That many days later, he has his day yet his girlfriend and her brother show up to Kane's house?

 

Do I really need to explain why a millionaire championship athlete's girlfriend would stay on his side during a rape accusation? Why she would stay by his side at a Stanley Cup party? Really?

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QUOTE (StrangeSox @ Aug 10, 2015 -> 06:14 PM)
I mean, is there even a question that this girl was in his house? And I'm sure the rape kit results will show that they did have sex.

And...

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QUOTE (soxfan49 @ Aug 11, 2015 -> 02:06 AM)
If you were accused of rape, would your wife/girlfriend come to your birthday party tomorrow?

 

My point was that he was accused of rape 2-3 days prior to his day with the Cup. That many days later, he has his day yet his girlfriend and her brother show up to Kane's house?

 

and kobe's wife stood right next to him in a interview.

 

circle the wagons of friends, girl friend / wife, family member....... basic SOP for public support.

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QUOTE (StrangeSox @ Aug 10, 2015 -> 07:20 PM)
And what? Read the nonsense in the post I was responding to.

I take it you mean that the girlfriend obviously will be confronted by evidence that he cheated on her, whether it was consensual or not, which undermines any standing by him that she does?

 

Honestly, I don't know what the evidence shows as of right now. There are rumors that this girl and her friend were invited back to his house for a "private party."

 

For all we know, his girlfriend was fully aware and even present the whole time.

 

Not likely, but from the pieces that are supposedly out there right now, who the hell knows?

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Her standing by him really doesn't mean anything. At best, he'll admit he cheated on her. At worst, he'll deny that anything happened at all. He's certainly not going to admit to raping someone to her.

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QUOTE (StrangeSox @ Aug 10, 2015 -> 08:14 PM)
I mean, is there even a question that this girl was in his house? And I'm sure the rape kit results will show that they did have sex.

rape kits/exams can confirm more than just sex occurred, with rape there's often trauma found that is not common to consensual intercourse.

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QUOTE (SoxFan562004 @ Aug 11, 2015 -> 09:23 AM)
rape kits/exams can confirm more than just sex occurred, with rape there's often trauma found that is not common to consensual intercourse.

in extremely few instances, yes it can. Otherwise its just used to confirm intercourse.

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QUOTE (SoxFan562004 @ Aug 11, 2015 -> 09:23 AM)
rape kits/exams can confirm more than just sex occurred, with rape there's often trauma found that is not common to consensual intercourse.

 

And we all know Patrick Kane shies away from contact...

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QUOTE (SoxFan562004 @ Aug 11, 2015 -> 03:23 PM)
rape kits/exams can confirm more than just sex occurred, with rape there's often trauma found that is not common to consensual intercourse.

 

a rape kit is a list of procedures that nurses / doctors need to follow in an question of rape. there are these little boxes and sterile bottles to take samples of semen, to test whose are they after extensive dna testing, to see if there are sexual transmitted infections. basically it is a box to store evidence in case of legal actions.

 

then comes the actual vaginal penetration examine with doctors and nurse in attendance to determine if there are any signs of bruises and forced penetration. any lack of this still doesn't preclude rape,

Edited by LDF

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QUOTE (HuskyCaucasian @ Aug 11, 2015 -> 05:01 PM)
This is not trending well for Kane.

 

pls remember everyone is still innocents until.... well until they are not, according to the law of the land.

 

fans are come to a decision rather quickly.

 

i am being a stick in a mud, well b/c he is a hawk and b/c the off season is screwed up by the fiasco a the trading deadline.

 

 

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