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rats19 wrote:Is she not admitting consent by accepting money? If not she should take it all the way*looks around*
If so...it's just easier to accept a lot of money for something that already happened and well...might as well get paid..No?
Not at all. Civil liability is compensated by money. That's the system. If you are harmed by another either negligence or assault or defamation, as examples, you have a right to seek financial compensation for damages.
If someone punches you in the face and breaks you jaw you have the right to seek damages. Should sexual assault be different? Does it mean you consented to being punched?
rats19 wrote:Is she not admitting consent by accepting money? If not she should take it all the way*looks around*
If so...it's just easier to accept a lot of money for something that already happened and well...might as well get paid..No?
Not at all. Civil liability is compensated by money. That's the system. If you are harmed by another either negligence or assault or defamation, as examples, you have a right to seek financial compensation for damages.
If someone punches you in the face and breaks you jaw you have the right to seek damages. Should sexual assault be different? Does it mean you consented to being punched?
Valid HW....but that's after going through the process......the process!!
Note: in no way do I condone or think that Kane should "get away" with any wrongdoing in this case.
rats19 wrote:Is she not admitting consent by accepting money? If not she should take it all the way*looks around*
If so...it's just easier to accept a lot of money for something that already happened and well...might as well get paid..No?
Not at all. Civil liability is compensated by money. That's the system. If you are harmed by another either negligence or assault or defamation, as examples, you have a right to seek financial compensation for damages.
If someone punches you in the face and breaks you jaw you have the right to seek damages. Should sexual assault be different? Does it mean you consented to being punched?
Valid HW....but that's after going through the process......the process!!
Note: in no way do I condone or think that Kane should "get away" with any wrongdoing in this case.
The process always involves attempts at a negotiated settlement. You have to believe that the district attorney does not have irrefutable evidence of guilt or they would absolutely pursue charges.
So the prosecutor can still go after Kane - civil settlement or not, it's just the alleged victim might not be so cooperative, then after all that the NHL can conduct it's own investigation...all around not a good situation for Kane/Blackhawks obviously.
According to the Buffalo News, grand jury proceedings into Patrick Kane’s alleged sexual assault have been suspended pending the outcome of settlement negotiations between Kane and the alleged victim.
Assuming this report is indeed accurate, what does this mean?
The criminal proceeding is managed by the prosecutor and not the alleged victim. Accordingly, any settlement that is brokered between Kane and the complainant does not bind the prosecutor. The prosecutor may still proceed with a criminal case against Kane, which includes sending it back to a grand jury. So the criminal matter and the civil matter are not directly connected.
That being said, a civil settlement between Kane and the complainant may result in the complainant changing her mind and electing not to cooperate with the prosecution. While she may still be called to testify at a criminal trial, anything less than entirely convincing testimony would likely be fatal to the prosecution’s case unless there is other compelling evidence of wrongdoing. If the complainant elects not to cooperate or is an unwilling participant, the likelihood of a conviction is low particularly in cases of he said, she said. Remember, a rape prosecution relies heavily on the complainant’s testimony. If the complainant no longer wishes to pursue the matter, the prosecutor may drop the case.
As well, a criminal trial may cause a complainant significant psychological and physical stress. Bearing that in mind, a prosecutor may be reluctant to insist on an unwilling complainant’s participation.
It is important to note that it is unlawful to tamper with witnesses, which includes paying a witness for agreeing not to testify at a criminal trial. So you can’t pay someone not to testify. For that reason, any settlement would need to be crafted carefully to ensure that it does not run afoul of state law. Not surprisingly, some have criticized civil settlements as undermining the effective enforcement of rape law.
A civil agreement between the parties would not in theory preclude the complainant from cooperating with a criminal trial. Still, once cases are settled civilly, cooperation becomes less likely. So the assumption should be that a civil settlement in this case would result in the full disposition of the matter.
A settlement agreement would also include a confidentiality provision precluding the complainant from sharing any information with the public, including the NHL. Should the case settle civilly and the prosecution elect not to move forward, the NHL would need to conduct its own investigation into the matter with a view to determining whether it will suspend Kane.
Can the Canucks just win a Cup within the next 5 years.
Thanks for posting that SKYO. That is a pretty good summary of what is going on. Given all of that it does seem strange that the prosecutor would suspend the grand jury. I really think there is, in all likelihood, insuffienct compelling, irrefutable evidence and it is a full blown he said she said case.
And even though Kane's side would demand a non disclosure she can say no. It too becomes part of the negotiation. She could for example agree to a confidentiality clause with exceptions, such as for therapy or medical treatment, financial advisors, under court order or in cooperation with an NHL investigation. It's all part of the settlement. She may feel she needs vindication and refuse a confidentiality clause because she wants Kane to have to accept responsibility. Both sides will push.
I have to think that he NHL will suspend him if this is not resolved before he is due to report to camp.
SKYO wrote:Cody Franson signs with Buffalo for $3.3M per, canucks fans/bloggers commence throwing a hissy fit/tantrum crying to anyone who'd listen.
Two year deal. Not bad. I'd rather have him for two years than Sbisa for three at 3.6. Gotta admit though that his stocked dropped a good 2-3 million below where people thought it would. If he was in that ball park July 1 he would probably have had more offers.
Topper wrote:Once Franson left the Centre of The Universe hype machine his warts festered pustules for all to squeeze.
Franson's fellow BC fan clubber Hype Machine is far worse than the Centre of the Universe's ever was. We like to over value our homegrown talent.
Franson the big softie who skates like Murzyn sucks massive! HW is out to lunch on this one
“Tyler Myers is my guy... I was taking to Scotty Bowman last night and he was bringing up his name, and saying he’s a big guy and big guy need big minutes to play, he is playing great for ya… and I agree with him… He’s been exceptional” - Bruce Boudreau
Hockey Widow wrote:
Two year deal. Not bad. I'd rather have him for two years than Sbisa for three at 3.6.
Is there a player in the league we wouldnt rather have than Sbisa at that contract ? Other than David Clarkson there isn't a worse contract in the NHL than Luca Sbisa's.
“I don’t care what you and some other poster were talking about”
