Cheerleader must compensate school that told her to clap 'rapist'

[Trasken]

Looks like the US justice system just hit a new low

 

[Snooder]

Firstly, look at the legal history of Texas in rape cases before bringing in your first point to the argument. They are notorious for being extremely misogynist in their rulings. Many cases where there was ample evidence of a rape was brushed aside and turned into misdemeanor assaults because of BS (i.e. "She was dressing slutty. She deserved it").

Secondly, the lawsuit being unnecessary or not depends on whether or not you believe it's wrong that the school district puts their team and the sport of cheerleading above the feelings of a girl who was raped. Unfortunately, even in more 'liberal' states, survivors of sexual assault are rarely given the treatment and respect they deserve.

This case, at least to me, just seems to highlight that fact more.

Regardless of what the 'legal history' of Texas is, the fact remains that he was not convicted of rape. Whether or not you believe he did it, which is irrelevant to the suit at issue anyway, that point kinda needs to be said.

And no, the lawsuit being unnecessary or not does not depend on that. It depends on the facts stated in the opinion from the Court of Appeals (look up 402 Fed.Appx. 852 if you can) which pretty clear lays out that she had zero case, was told that she had zero case, and decided to file and appeal repeatedly.

This isn't about whether or not rape survivors get the 'respect' they deserve. It's about someone deciding to push a frivolous lawsuit despite knowing that it is baseless and not going to win. Ever.

 

[Bloodysoldier]

I only have to say that to all those who are saying "OMG TEXAS IS SUCH A BACKWARDS STATE DER HERR HERR," why don't you take your own ignorance and hypocrisy and shove it up your ass.

Texas is not a backwards state. They are actually quite progressive in many areas compared to most other states. Unfortunately in terms of sexual assault cases, they have a very bad history of having extremely misogynistic rulings. This, however, does not make them backwards either because unfortunately most states in the entire country have that exact same problem.

It's more a problem with the country as a whole than one specific state.

Respect is what you get sir. *claps*

OT: Not everyone is well educated to read articles to the fullest, they like summaries albeit a one sided one at that. Journalism needs some work in this age.

 

[AnkaraTheFallen]

Here is a question, WHY IS THE RAPIST STILL ON ANY TEAM AND NOT IN JAIL??!? This situation should not even be happening...or is it just me?

This. So much this.

I have no words.

Because he didn't touch her... Its an assault charge meaning he could have been reported for something he said alone.

Even then she chose to be on the squad... it's not some contracted job... therefore she should be allowed the CHOOSE not to cheer.... and I'd say she's got a damn good reason not to want to.

 

[Atheist.]

Somebody has to pay for the lawsuit. Better her than the taxpayers who aren't even involved in this.

She should have just quit the cheerleading or transfered schools. I wouldn't want to attend a school that let rapists play on their sports teams anyhow.

 

[The Artificially Prolonged]

Wow big blow for common sense in Texas. I cannot understand why is an acussed rapists allowed to play in a sports team in the same school as someone he allegedly raped. I mean shouldn't the police and the school be investigating a rape charge rather than seeking compensation against a girl who has likely suffered from a horrible crime.

 

[gNetkamiko]

"...two separate courts ruled against her, deciding that a cheerleader freely agrees to act as a "mouthpiece" for a institution and therefore surrenders her constitutional right to free speech."

W.T.F.!!! She DOES have the right to exercise her right to free speech, no matter what any law OR contract says. THE AMERICAN CONSTITUTION SHOULD NOT BE OVERRULED HERE!!!!

Sorry for the caps. I feel very strongly about this. No one should be forced to reward a person for raping him/her (yes, it's possible for a guy to get raped), even if the action was performed in the past.

Believe me I should know because I was raped at 13. Not something I like to talk about, but this is the right forum to reveal that part of my past. It was my brother-in-law that performed the act, and even worse, made a threat on my life if I ever told anyone after he got done. It wasn't until 4 years later that I told my family about it.

But now, I feel safe because a) he's working overseas (vehicle maintenance work, I think), and b) being a Texan myself (a DEMOCRATIC Texan) my house is armed to the teeth with firearms.

[to my brother-in-law] Just try to step foot on my property. I dare you. >=(

Also, I wonder why the hell the rapist managed to get off with a plea to misdemeanor assault with 2 years probation instead of being taken to trial for rape. Why did they offer him that deal?

Bigger question, why is the guy who assaulted her still on a high school sports team? Unless they had a really, really flimsy case that is bullshit.

Here is a question, WHY IS THE RAPIST STILL ON ANY TEAM AND NOT IN JAIL??!? This situation should not even be happening...or is it just me?

Texas.
High School.
Athlete.

I believe the term is hebophile or ephebephile

In layman's terms: jailbait.

Well said, sir. And yeah, Texas does love it's athletes.

 

[Dr. wonderful]

Ladies and gentleman.

That is complete and utter bullshoddy. She can appeal and take the whole state to court.

 

[gNetkamiko]

"...two separate courts ruled against her, deciding that a cheerleader freely agrees to act as a "mouthpiece" for a institution and therefore surrenders her constitutional right to free speech."

W.T.F.!!! She DOES have the right to exercise her right to free speech, no matter what any law OR contract says. THE AMERICAN CONSTITUTION SHOULD NOT BE OVERRULED HERE!!!!

She is entitled to free speech but she is not entitled to be on the cheer team. It's like someone pays you to market their stuff and you market them in a way they really don't like. They other guys are allowed to pull out because they hired you in the first place.

Even though I'm still on the side of the cheerleader, that's a very good point.

Also, did a lot of editing. Haven't had much sleep, and didn't put in the full reason why I've sided with her and not the school. So, there you go. =P

 

[Phlakes]

I was already in a bad mood, but now...

Well, I have one thing to say to her:

SUE THE MOTHERFUCKERS AGAIN. FOR A LOT.

 

[Bloodstain]

I would not pay. I would Gandhi that shit.

You have the right idea.
Make the story even more public than it already is, get attention, refuse to pay. People are going to approve of your actions and support you.

 

[merf1350]

Okay so reading through that, the $45,000 comes from her having to reimburse to school for suits and appeals she brought against them and which she lost.

Lost becaue, while performing as a cheerleader girls and women apparently don't have the right to free speech.

That bold part right there is a far bigger issue if you ask me. I say she'd get much further if she were to appeal this new rooling based on the fact that one of her basic rights was being violated.

Unless there is some sort of epic fine print contract that high school cheerleaders sign (akin to non-disclosure agreements) that I am unaware of?

I certainly agree that is the more troubling part, but let me ask this. As I did not note her age in the information, I will say this. She is in HS, so unless she happened to be over 18 at the time, as a minor she would not have the legal ability to "sign away" he right to free speech. As a minor she could not be legally held to the terms of any such "contract". So I don't understand where the school or the courts get this idea from. Also, as she receives no compensation in the form of a paycheck or salary as a HS cheerleader, they can not argue that she has any legal requirement to fulfill any such duties. I disagree, however I can see where the school can kick her off the team, as they can realistically do that for any reason. The part where they have to pay the schools fees however is a bit harsh. I don't feel this was frivolous as far as her personal freedoms go, as best they should have had only to pay their own fees, not the schools. Despite the fact the school can dump her for any reason from the team, doesn't mean they should get a pass for not being more sensitive to her situation.

 

[Ladette]

People are still buying 100% into an incredibly biased article.

She sued the school even though anyone who's been employeed would know that she had no chance of winning the lawsuit. She lost. The school wants her to pay their legal bills.

They didn't sue her for refusing to cheer. They removed her from the team because as a cheerleader she didn't represent herself and her beliefs, she represented the school and their beliefs. When you work for someone 9 times out of 10 you represent their beliefs, not yous. Her boss her to cheer, she refused. It was her job to cheer for the name on the front of the jersey, not the back.

She has a right to free speech, she does not have a right to be a cheerleader.

She lost the case and is being asked to pay compensation because she never had a chance of winning and by taking the school to court only wasted everyones time.

Don't take everything you read at face value, that article is slanted to villainize the school and glorify the cheerleader. That's biased journalism, which people really need to realize. But nope, the article had the word rape in it. Form a lynch mob and jump to conclusions!

 

[Gardenia]

This is probably one of the worst ideas in the history of bad ideas. False rape charges happen all the time.

Evidence?

Also, define rape.

This is probably one of the worst ideas in the history of bad ideas. False rape charges happen all the time.

Have any proof to offer of this claim? Or is it an assumption with zero credit as it seems now?

Enjoy: Table 4.2: [link]http://webarchive.nationalarchives.gov.uk/20110220105210/rds.homeoffice.gov.uk/rds/pdfs05/hors293.pdf[/link]
Wiki page may not really count as evidence, but I'm throwing it in for good measure anyway:
[link]http://en.wikipedia.org/wiki/False_accusation_of_rape#cite_note-3[/link]
Specific cases:
http://en.wikipedia.org/wiki/Duke_lacrosse_case
http://en.wikipedia.org/wiki/Gary_Dotson
http://en.wikipedia.org/wiki/Rikki_Rockett#False_rape_charge_and_exoneration
http://en.wikipedia.org/wiki/Neil_Hamilton_%28politician%29#Wrongful_rape_accusation
If any of these were convicted and subsequently executed, we as a collective would all be murderers.

Secondly: Yes, rape is a horrible crime, but are you really so naive that you think that NO WOMAN ANYWHERE would try to exploit the system to harm someone, get money, get back at a cheating boyfriend etc? Common sense goes a long way.
Hope this has answered your questions.

 

[Gardenia]

I guess we have different ideas of justice. To me, it isn't justice until he stops breathing.

And that, ladies and gentlemen, is why we have the justice system.

 

[GeorgW]

the mods aren't superhuman

Yes we are.

OT: What can I say that hasn't already been said? [Yoda]Ridiculous, this is.[/Yoda]