11/21/2009 03:53:46 AM EST

The legality of rape?

posted by Thothlike

I’ve been following the coverage of the gang rape of Jamie Lee Jones by fellow KBR-employees in Iraq… and subsequently the Franken Amendments attempt to rectify that you can be contractually obligated to go to arbitration instead of court…

But one thing strikes me as VERY odd…

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Why is the Franken Amendment necessary… I mean how can you contractually absolve someone of a crime?

Maybe someone with more legal expertise in US Law than I have can answer this question…

But it seems to me that any criminal act is the responsibility of the police and district attorney and not the individual itself… it is a case for criminal court not civil court (or arbitration)… or am I wrong?

How can it be possible for anyone to contractually say it’s ok for you to commit a criminal act?

In my book that would be like saying let’s write up a contract where I give you permission to murder me or a bank manager and a bank robber get together beforehand and draw up a contract that stipulates that it’s ok for the bank robber to rob the bank of the bank manager and then after you kill me or rob the bank the police and the courts could do nothing because ‘hey they had a contract’… to me that’s just ludicrous… it just flies in the name of reason…

I know the case of Jamie Lee Jones and KBR happened on Iraqi soil and that might play a part legally in that particular case but it was still committed by American employees in an American based company and to an American citizen… so in my book it shouldn’t play a part…

But let’s discuss and see what the TYT-army thinks…

Is the Franken amendment even necessary?
And more importantly should it be legal to contractually absolve someone from any crime (incl. rape)?

Love Thothlike

 

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Should it be legal to contractually absolve someone from any crime (incl. rape)?
Yes... off course it should 14%
No... and I mean H*** NO!!! 85%
Donno and don't care 0%

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The legality of rape? | 6 comments (6 topical, 0 hidden)
Maybe this helps: (none / 0)
I have no experience in American law, but the District Attorney of which district should be responsible?

As far as I understood it the legal system of Iraq would be responsible for the criminal proceedings.
She could file a civil claim in America, but she waived that right. It is legal to say you won't file any civil claims.

"The first thing Fascists usually try to do is silencing the opposition."

by opposition on 11/21/2009 07:32:27 AM EST

Good Try But (none / 0)
Bushco gave contractors immunity from Iraqi law, so rape was legal if you are a contractor in Iraq.

If it had been a member of the military they would be subject to UCMJ and could be tried.

Any Civil Action was subject to the arbitration clause with the arbitrator being picked by the companies  meaning the victim always gets fucked again.

"Although it is not true that all conservatives are stupid people, it is true that most stupid people are conservative." John Stuart Mill

by Hubble on 11/21/2009 08:17:00 AM EST

[ Parent ]
hmmm... (none / 0)
But my point was... rape isn't (and never was) a civil matter but a criminal one... so arbitration or civil court shouldn't even be in the picture regardless of any contract...


Love Thothlike

by Thothlike on 11/21/2009 09:16:41 AM EST

[ Parent ]
ok... (none / 0)
I'm talking about the district attorney in the district where she is based...

But if that's the case then you defenitly need the amendment... because that's not what I understand as justice...

And just so I understand it fully...

Even when we are talking about a CRIMINAL offense (I'm not talking about she lent them some money and now they woun't pay her back which is a case for civil court but the employees committed the criminal act of rape) so off course she can't go to civil court (I never surgested that... that's just as ludicrous...) but she can't even go to the police and say 'I was raped please arrest them and throw them in jail' when both her and them are back in the US?

I just don't get it... but maybe that's just me...

Love Thothlike

by Thothlike on 11/21/2009 09:10:02 AM EST

[ Parent ]
It's called jurisdiction (none / 0)
In the normal course of CRIMINAL cases the prosecution is pursued by the jurisdiction that the crime took place in.

In this instance the crime took place in Iraq, so normally the Iraqi government would have jurisdiction, but thanks to Bush and Big Dick Cheney contractors operating in Iraq are exempt from prosecution by the Iraqi government.

Ain't Republican rules fun for everyone.

"Although it is not true that all conservatives are stupid people, it is true that most stupid people are conservative." John Stuart Mill

by Hubble on 11/22/2009 08:03:57 AM EST

[ Parent ]
Rape should be legal!!! (none / 0)
But only if both parties consent and it is not violent.

by eborujion on 11/21/2009 07:31:00 PM EST

The legality of rape? | 6 comments (6 topical, 0 hidden)
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