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Republican Senators would deny rape victims day in court

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Local Rebel
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0 posted 10-14-2009 12:15 AM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

quote:

Franken's amendment ended up passing, 68-30. Here's a list of the Senators who showed broad support for Roman Polanski by voting against it:

Alexander (R-TN)
Barrasso (R-WY)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Gregg (R-NH)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Kyl (R-AZ)
McCain (R-AZ)
McConnell (R-KY)
Risch (R-ID)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Thune (R-SD)
Vitter (R-LA)
Wicker (R-MS)


Read more at: http://www.huffingtonpost.com/2009/10/07/meet-the-senators-who-vot_n_312976.html



rwood
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1 posted 10-14-2009 10:08 AM       View Profile for rwood   Email rwood   Edit/Delete Message      Find Poems  View IP for rwood

I hope even their “navigation lady” won’t speak to them ever again.
Ron
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2 posted 10-14-2009 12:28 PM       View Profile for Ron   Email Ron   Edit/Delete Message      Find Poems   Click to visit Ron's Home Page   View IP for Ron

Okay. So without this new bill, Reb, rape victims had no legal recourse? Before this legislation was passed it wasn't illegal to rape someone or hold them against their will?
Local Rebel
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3 posted 10-14-2009 02:27 PM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

quote:

Over two years later, the Justice Department has brought no criminal charges in the matter. In fact, ABC News could not confirm any federal agency was investigating the case.

Legal experts say Jones' alleged assailants will likely never face a judge and jury, due to an enormous loophole that has effectively left contractors in Iraq beyond the reach of United States law.

"It's very troubling," said Dean John Hutson of the Franklin Pierce Law Center. "The way the law presently stands, I would say that they don't have, at least in the criminal system, the opportunity for justice."

Congressman Poe says neither the departments of State nor Justice will give him answers on the status of the Jones investigation.

Asked what reasons the departments gave for the apparent slowness of the probes, Poe sounded frustrated.

"There are several, I think, their excuses, why the perpetrators haven't been prosecuted," Poe told ABC News. "But I think it is the responsibility of our government, the Justice Department and the State Department, when crimes occur against American citizens overseas in Iraq, contractors that are paid by the American public, that we pursue the criminal cases as best as we possibly can and that people are prosecuted."

Since no criminal charges have been filed, the only other option, according to Hutson, is the civil system, which is the approach that Jones is trying now. But Jones' former employer doesn't want this case to see the inside of a civil courtroom.

KBR has moved for Jones' claim to be heard in private arbitration, instead of a public courtroom. It says her employment contract requires it.

In arbitration, there is no public record nor transcript of the proceedings, meaning that Jones' claims would not be heard before a judge and jury. Rather, a private arbitrator would decide Jones' case. In recent testimony before Congress, employment lawyer Cathy Ventrell-Monsees said that Halliburton won more than 80 percent of arbitration proceedings brought against it.

In his interview with ABC News, Rep. Poe said he sided with Jones.

"Air things out in a public forum of a courtroom," said Rep. Poe. "That's why we have courts in the United States."

In her lawsuit, Jones' lawyer, Todd Kelly, says KBR and Halliburton created a "boys will be boys" atmosphere at the company barracks which put her and other female employees at great risk.

"I think that men who are there believe that they live without laws," said Kelly. "The last thing she should have expected was for her own people to turn on her."
http://abcnews.go.com/Blotter/Story?id=3977702&page=1




Franken's amendment requires the government to defund contractors who don't allow a case like this one to be heard in court Ron, as opposed to the private arbitration they rig by hiring an arbitrator.
Local Rebel
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4 posted 10-14-2009 02:39 PM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

The epilogue:

quote:

After 15 months in arbitration, Jones and her lawyer realized the same thing and went to court to fight the arbitration agreement in the hopes of bringing her case before a jury. Jones argued that the alleged gang rape was not related to her employment and thus, wasn't covered by the arbitration agreement. Finally, two years later, a federal court has sensibly agreed with her. Tuesday, the 5th Circuit Court of Appeals, in a 2 to 1 ruling, found her alleged injuries were not, in fact, in any way related to her employment and thus, not covered by the contract.

One of the judges who ruled in her favor, Rhesa Hawkins Barksdale, is a West Point grad, Vietnam vet, and one of the court's most conservative members, a sign, perhaps, of just how bad the facts are in this case. It's a big victory, but a bitter one that shows just how insidious mandatory arbitration is. It's taken Jones three years of litigation just to get to the point where she can finally sue the people who allegedly wronged her. It will be many more years before she has a shot at any real justice.
http://www.motherjones.com/mojo/2009/09/halliburton-loses-jamie-leigh-jones



Local Rebel
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5 posted 10-15-2009 02:58 PM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

Was so much faux outrage used up on the hypothetical ACORN scenario that there is none left for reality?  

Ron
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6 posted 10-15-2009 05:13 PM       View Profile for Ron   Email Ron   Edit/Delete Message      Find Poems   Click to visit Ron's Home Page   View IP for Ron

Thanks for the links, Reb. To be honest, I was looking for a reason why the bill was unnecessary or a bad idea. I didn't find it.

Still, I think it's dangerous to automatically assume that anyone who voted against it was, in fact, against the goals of the legislation. Just like I think anyone who voted against the Patriot Act isn't necessarily unpatriotic. I think it's fairly common to be in favor of a goal but still very much opposed to someone's methods for reaching it. Is that what happened here? I honestly don't know. I'm just saying.
Local Rebel
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7 posted 10-15-2009 09:24 PM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

quote:

To be honest, I was looking for a reason why the bill was unnecessary or a bad idea.



I don't think there's anything wrong with that -- in fact, I think you know that I encourage it.

quote:

Still, I think it's dangerous to automatically assume that anyone who voted against it was, in fact, against the goals of the legislation. Just like I think anyone who voted against the Patriot Act isn't necessarily unpatriotic. I think it's fairly common to be in favor of a goal but still very much opposed to someone's methods for reaching it. Is that what happened here? I honestly don't know. I'm just saying.



And, I think you would know that I agree with this as well.

But, I can't find any cogent arguments to be made against the amendment.  It was all about trying to 'protect' arbitration -- which, in and of itself I find to be disturbing -- but even more-so given the subject matter.

When these contractors go in-country -- it's like a corporate colony the East India Company would have established -- where they are the entirety of employer and local government.  To try to let any of them off the hook like this is unconscionable and the worst kind of partisanship.
rwood
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8 posted 10-16-2009 11:55 AM       View Profile for rwood   Email rwood   Edit/Delete Message      Find Poems  View IP for rwood

quote:
Was so much faux outrage used up on the hypothetical ACORN scenario that there is none left for reality?


No...but Jones' terrible experience with the system just adds to the list of reasons why so many victims of sexual assault/molestation/rape don't report.

It's something many quietly live with, age with, and die with..with more finality than they did when it happened. I hope Jones can hang in there and that the day will come when each of her attackers pay for their crime.

This case is just one more example of how such victims are further victimized by the flaccidity of laws and reps who are nothing but sock-puppets for big money corps.



 
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