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View Diary: 12-Year Old Girl Raped At Gunpoint By 3 Teen Boys Who Then Posted It On Facebook (95 comments)

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  •  They'll get more than that. (5+ / 0-)

    Diary says they're to be tried as adults.

    INAL, so I'm asking: When there is videotape of a crime being committed and the perp confesses, is there still a question of the victim pressing charges? Doesn't the DA have all s/he needs to prosecute a crime without the victim needing to press charges? What legal standing does a 12-year-old have to press charges?

    The GOP can't win on ideas. They can only win by lying, cheating, and stealing. So they do.

    by psnyder on Wed May 22, 2013 at 02:40:23 PM PDT

    [ Parent ]

    •  The crime is an offense against the state. (17+ / 0-)

      That's why prosecutions are conducted in the name of state government.  So every criminal case you'll see has a title like, "State v. Smith" or "People v. Smith."  In legal contemplation, the crime is not just an offense against the victim but also against society itself.  The victim's cooperation and support are helpful, but they are not strictly necessary.  

      The victim can also seek civil remedies against her attackers.  They can be liable in a civil tort suit for offenses like battery, false imprisonment, and the like.

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Wed May 22, 2013 at 02:49:02 PM PDT

      [ Parent ]

      •  Thanks a lot! (1+ / 0-)
        Recommended by:
        FogCityJohn

        Plus your sig line is funny. Don't know the context, but out of context, it's funny.

        The GOP can't win on ideas. They can only win by lying, cheating, and stealing. So they do.

        by psnyder on Wed May 22, 2013 at 03:29:25 PM PDT

        [ Parent ]

        •  That (2+ / 0-)
          Recommended by:
          psnyder, FogCityJohn

          is a song I truly loved but did not write?

          one year of French and I'm forgetting it all...

        •  So here's the rather unfunny context. (4+ / 0-)

          Barbara was a very famous French singer who became popular in the 60s and 70s.  In the 1980s, when the AIDS crisis struck, she immediately leapt into the fight against the disease.  She got permission to sing in prisons, where she would bring doctors to educate the inmates about HIV transmission.  When many AIDS patients were lying abandoned in hospitals where even medical personnel were afraid to touch them, Barbara would visit to hold their hands and provide them company.

          In 1987, she wrote a song about AIDS entitled Sid'amour à mort.  (SIDA is the French abbreviation for AIDS.)  Before performing it, she would tell the audience:

          Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite.
          Which means in English:  "This is a song I wish I'd never written."  Sometimes, as in the YouTube video, she'd substitute "jamais" (never) for "pas."  In other words, she was just wishing she'd never had to write the song at all.

          As a person living with HIV, the song has a special resonance for me.  And the quote could be applied to my own experience with the disease, because that, too, is a song I wish I had never written.

          So now you have the whole story.  Hope you don't feel like you've bitten off more than you could chew.  ;-)

          "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

          by FogCityJohn on Wed May 22, 2013 at 07:27:41 PM PDT

          [ Parent ]

    •  "Press charges" doesn't really mean anything. (5+ / 0-)

      If the prosecutor doesn't want to prosecute, a victim urging them to prosecute cannot force the government to go ahead with the case.  The flip side of that is that a victim who is uncooperative and doesn't want to "press charges" can't unilaterally halt a case.  The discretion to continue with a case lies solely with the prosecuting authority.  An uncooperative victim might factor in, but a victim can't force the government to either prosecute or not prosecute.  

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