Georgia LB charged with rape

[Karl_Racki]

UGA's Anderson turns self in, charged with rape

Georgia starting linebacker Adam Anderson turned himself in to police on Wednesday and was charged with felony rape after a woman accused him of raping her on Oct. 29.

www.espn.com

Maybe this hurts them vs the Vols Saturday??

 

[BobPSU92]

Burn Athens down to the ground. Sure, Greece and Ohio, too.

 

[psu31trap]

She goes to a house between 12 midnight and the early hours of the morning. She drank herself into a drunken stupor and woke up to a guy having sec with her. Well, who knows what really happened between phasing out and sex?

 

[laKavosiey-st lion]

She goes to a house between 12 midnight and the early hours of the morning. She drank herself into a drunken stupor and woke up to a guy having sec with her. Well, who knows what really happened between phasing out and sex?

Wow

 

[Karl_Racki]

She goes to a house between 12 midnight and the early hours of the morning. She drank herself into a drunken stupor and woke up to a guy having sec with her. Well, who knows what really happened between phasing out and sex?

So its ok to rape her cause she got drunk?

 

[Limestoner]

She goes to a house between 12 midnight and the early hours of the morning. She drank herself into a drunken stupor and woke up to a guy having sec with her. Well, who knows what really happened between phasing out and sex?

Disgusting.

 

[EricStratton-RushChairman]

She goes to a house between 12 midnight and the early hours of the morning. She drank herself into a drunken stupor and woke up to a guy having sec with her. Well, who knows what really happened between phasing out and sex?

One does not surrender their constitutional rights simply because they possibly executed bad judgement. I’m guessing you don’t have a daughter in college.

 

[Bvillebaron]

One does not surrender their constitutional rights simply because they possibly executed bad judgement. I’m guessing you don’t have a daughter in college.

I did and you are correct. On the other hand, what has been reported is her version of events. Last I checked, he has still has constitutional rights too, although the media is trying like hell to abolish them.

 

[Tom McAndrew]

On the other hand, what has been reported is her version of events. Last I checked, he has still has constitutional rights too, although the media is trying like hell to abolish them.

Are you new to this? The one sided aspect is pretty much how these things always go at the start of the process in sex crimes, and in many other crimes. When an arrest is made, or charges are filed, the only thing available to the reporters is the arrest warrant or the court filing by the DA. So that's usually about 95% of the story. The defense attorney is usually the only individual that speaks for the accused, and portions of the statement released by or made by the defense attorney are included in the article that the OP linked. The accused rarely speaks, either because they are in jail or because their defense attorney informs them not to speak to anyone without the permission of the defense attorney.

Good reporters like to get both sides of a story when writing an article. Unfortunately, that's almost impossible to do in the early stages of accusations or charges of a sexual crime. Quite often, little to nothing is heard from the accused until they are brought into court to be charged, or a bond hearing is held, and then it's just simple "yes, your honor," or "no, your honor" comments.

It appears that Anderson will not get a bond hearing for some indefinite time. I believe he's going before a magistrate judge this morning for a formal charging. The magistrate judge does not have the authority to grant bond in a rape case (Georgia law).

Once the case has been assigned a judge, and a hearing date has been set, then the accused's attorney can, if they choose, petition for bond in Superior Court. The only exception is if the prosecution consents to bond.

If/when this case gets to trial, then the accused's lawyer can make their case, and the accused will have the right to take the stand if they so desire.

At this point in the process, despite what you have claimed, the accused has not been denied any constitutional rights. In addition, none of the media covering the case, the police investigating the case, or the prosecution attorney(s) bringing the charges have, as far as I can tell, done anything to deny the accused their constitutional rights.

 

[EricStratton-RushChairman]

I did and you are correct. On the other hand, what has been reported is her version of events. Last I checked, he has still has constitutional rights too, although the media is trying like hell to abolish them.

So I was responding to the poster who seemed to clearly be indicating the victim was at fault for putting herself in that situation. That kind of victim blaming is reprehensible. The accused will have his day in court

 

[Bvillebaron]

Are you new to this? The one sided aspect is pretty much how these things always go at the start of the process in sex crimes, and in many other crimes. When an arrest is made, or charges are filed, the only thing available to the reporters is the arrest warrant or the court filing by the DA. So that's usually about 95% of the story. The defense attorney is usually the only individual that speaks for the accused, and portions of the statement released by or made by the defense attorney are included in the article that the OP linked. The accused rarely speaks, either because they are in jail or because their defense attorney informs them not to speak to anyone without the permission of the defense attorney.

Good reporters like to get both sides of a story when writing an article. Unfortunately, that's almost impossible to do in the early stages of accusations or charges of a sexual crime. Quite often, little to nothing is heard from the accused until they are brought into court to be charged, or a bond hearing is held, and then it's just simple "yes, your honor," or "no, your honor" comments.

It appears that Anderson will not get a bond hearing for some indefinite time. I believe he's going before a magistrate judge this morning for a formal charging. The magistrate judge does not have the authority to grant bond in a rape case (Georgia law).

Once the case has been assigned a judge, and a hearing date has been set, then the accused's attorney can, if they choose, petition for bond in Superior Court. The only exception is if the prosecution consents to bond.

If/when this case gets to trial, then the accused's lawyer can make their case, and the accused will have the right to take the stand if they so desire.

At this point in the process, despite what you have claimed, the accused has not been denied any constitutional rights. In addition, none of the media covering the case, the police investigating the case, or the prosecution attorney(s) bringing the charges have, as far as I can tell, done anything to deny the accused their constitutional rights.

Where did you get your law degree? If you don't think the media isn't trying to influence judicial proceedings, then you haven't been paying attention., but thanks for the lecture.

 

[EricStratton-RushChairman]

Where did you get your law degree? If you don't think the media isn't trying to influence judicial proceedings, then you haven't been paying attention., but thanks for the lecture.

Gee you're dumb

 

[Connorpozlee]

I

So I was responding to the poster who seemed to clearly be indicating the victim was at fault for putting herself in that situation. That kind of victim blaming is reprehensible. The accused will have his day in court

I didn’t get that from his post. I got that he was questioning what happened before her memory kicked back in, not that she was necessarily at fault.

 

[Bvillebaron]

Gee you're dumb

Thanks for your insightful comment. All this "intelligence" and lectures because I simply pointed out that the accused has constitutional rights as well. Maybe you and/or McAndrew could point out to me where in my original post I ever claimed that the accused constitutional rights have in fact been violated?

 

[[email protected]]

Oh I see it’s just that the media hasn’t been successful in their attempts to abolish them, is that correct?

 

[[email protected]]

Also please describe exactly how the media is attempting to abolish his constitutional rights

 

[laKavosiey-st lion]

The only “hot take” issued so far is a poster “hinted” she may be at fault. All this lawyer stuff is lawyer stuff

 

[Tom McAndrew]

Where did you get your law degree?

I'm not a lawyer

If you don't think the media isn't trying to influence judicial proceedings, then you haven't been paying attention.

lol. Read the ESPN linked by the OP. Read the Atlanta Journal-Constitution article from last night/early this morning, as well as the one from 1 hour ago. There isn't anything in any of the aforementioned articles that appears to be anything other than reporting the facts that the reporters have available to them at the time of the respective articles.

but thanks for the lecture.

call it what you want; I simply attempted to explain how the early process works in pretty much all sex crimes cases that make it into the newspaper.

So far, you've claimed that "he [the accused] has still has constitutional rights too, although the media is trying like hell to abolish them." And then you claimed that "If you [me] don't think the media isn't trying to influence judicial proceedings, then you [me] haven't been paying attention." You're 0-2 on those claims, and don't seem to be learning anything from the responses to your posts. As such, I'm done dealing with you in this thread.

 

[psu31trap]

One does not surrender their constitutional rights simply because they possibly executed bad judgement. I’m guessing you don’t have a daughter in college.

I think what I wrote is being misconstrued. The act of rape should be treated like manslaughter. But you better be 100% sure that a rape occurred, because if your not sure you will be putting an innocent man behind bars for a long time.

Here’s what I tried to say. If she was so drunk to the point she was semi-unconscious or unconscious how can anyone say with absolute certainty that she said “Stop” or “No”?? How does anyone know if the sex was initially consensual?? No one knows!! When a person is this inebriated it is very very difficult to ascertain what really happened, especially between her last drink and waking up.

 

[psu31trap]

So its ok to rape her cause she got drunk?

No!!! Of course not!!! But how do you know that she was raped? Seriously, what happens if through cross examination it comes out that the sex was initially consensual? You don’t know what really happened, none of us know. But many here are quick to say she was raped. I know one thing for sure, if it’s proved that she was indeed raped this guy will go to jail for a very long time. But if there’s evidence that the sex was consensual and she lied, what will her punishment be? Nothing, absolutely nothing.

 

[Tom McAndrew]

I think what I wrote is being misconstrued. The act of rape should be treated like manslaughter. But you better be 100% sure that a rape occurred, because if your not sure you will be putting an innocent man behind bars for a long time.

It's not as though she made a report to the police and the alleged was immediately arrested. The police took a week and a half between the time of the report and issuing an arrest warrant. Newspaper reports have indicated that at least three of his teammates were interviewed as part of the investigation. Rape charges are often difficult to prove, so DAs and police usually do not charge someone with rape unless they think they have pretty good evidence that a crime did occur, and that can prove it. And charging someone with a crime does not equate to them being imprisoned for a long time. They are presumed innocent, and the alleged will get a chance to prove their innocence, or to cast questions on the State's case.

Here’s what I tried to say. If she was so drunk to the point she was semi-unconscious or unconscious how can anyone say with absolute certainty that she said “Stop” or “No”?? How does anyone know if the sex was initially consensual?? No one knows!! When a person is this inebriated it is very very difficult to ascertain what really happened, especially between her last drink and waking up.

In most states, if someone is too drunk to give consent, then anyone that has sex with them in that state have committed rape. It doesn't matter if things started out consensual. If someone passes out, that changes the dynamics. Your questions/statements seem to be on the wrong track. Even in rape cases where both people are uninebriated, there are usually differences of opinion between the two parties as to what happened.

 

[psu31trap]

It's not as though she made a report to the police and the alleged was immediately arrested. The police took a week and a half between the time of the report and issuing an arrest warrant. Newspaper reports have indicated that at least three of his teammates were interviewed as part of the investigation. Rape charges are often difficult to prove, so DAs and police usually do not charge someone with rape unless they think they have pretty good evidence that a crime did occur, and that can prove it. And charging someone with a crime does not equate to them being imprisoned for a long time. They are presumed innocent, and the alleged will get a chance to prove their innocence, or to cast questions on the State's case.



In most states, if someone is too drunk to give consent, then anyone that has sex with them in that state have committed rape. It doesn't matter if things started out consensual. If someone passes out, that changes the dynamics. Your questions/statements seem to be on the wrong track. Even in rape cases where both people are uninebriated, there are usually differences of opinion between the two parties as to what happened.

Tom,
If that’s the law and his teammates gave testimony that a rape did indeed take place then he is in big trouble. But I’ll say this about the last piece of your post.

Even in rape cases where both people are uninebriated, there are usually differences of opinion between the two parties as to what happened.

If two people who are drunk engage in consensual sex, but the next day the woman wakes up and says “I know we were both drunk, I know we had sex, but this morning I’m not so sure I really meant yes because I was too drunk.” If this person is allowed to pursue legal action by persuading a prosecutor to move forward with a sexual assault charge, then a lot of college kids are going to jail. I have the utmost respect for your post and I believe you’re a fair man which is why I believe that you must see this as a major problem.

 

[PSUJam]

Tom,
If that’s the law and his teammates gave testimony that a rape did indeed take place then he is in big trouble. But I’ll say this about the last piece of your post.

Even in rape cases where both people are uninebriated, there are usually differences of opinion between the two parties as to what happened.

If two people who are drunk engage in consensual sex, but the next day the woman wakes up and says “I know we were both drunk, I know we had sex, but this morning I’m not so sure I really meant yes because I was too drunk.” If this person is allowed to pursue legal action by persuading a prosecutor to move forward with a sexual assault charge, then a lot of college kids are going to jail. I have the utmost respect for your post and I believe you’re a fair man which is why I believe that you must see this as a major problem.

Stop. Things are different now and it's going g to be ok. Just stop.

 

[Mufasa94]

Psu31trap, I hope you realize there is a difference in theoretical scenarios you have presented. I don’t consider the following anything close to the same:

If she was so drunk to the point she was semi-unconscious or unconscious how can anyone say with absolute certainty that she said “Stop” or “No”??

If two people who are drunk engage in consensual sex, but the next day the woman wakes up and says “I know we were both drunk, I know we had sex, but this morning I’m not so sure I really meant yes because I was too drunk.”

 

[psu31trap]

Psu31trap, I hope you realize there is a difference in theoretical scenarios you have presented. I don’t consider the following anything close to the same:

That’s correct, my scenarios are “marginally” different by design, but not completely. Right? You can rest assured that a battle tested prosecutor will figure out how to attack the defendant by nibbling around the perimeter of the law (using the law in Tom’s post) to try and sway a jury. No, he won’t litigate the law directly and forcefully, but enough to weave together evidence to get a conviction. If she was raped then the Georgia LB is looking at 8 to 15 years, so you better be 100% certain he’s guilty of rape. Now I’m going to take PSUJams advice and walk away from this thread.