HIStory
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Re: [Discussion] Wade Robson files claim of sexual abuse against MJ-Estate
The other day I was looking into some of the precedent cases Wade tries to use to get around the statues of limitations:
They try to use these cases, but when you actually take a look into them you realize they are so different from Wade's case - in fact to me they rather weaken than strengthen Wade's arguments:
John R. v. Oakland Unified School Dist. (1989)
http://law.justia.com/cases/california/cal3d/48/438.html
Christopher P. v. Mojave Unified School Dist. (1993)
http://law.justia.com/cases/california/caapp4th/19/165.html
The argument he uses these cases for is that it happens in child abuse cases that a threat silences the victim. However in both of these cases, as you can see, the threats actually did NOT silence the alleged victims for very long! And we are talking about kids here! In the first case the threat silenced the alleged victim for only 10 months, but then he reported it to his mother and they reported it to the DA.
In the second case the first time the kid was interviewed by law enforcement he did tell it to them, only a couple of months after his abuse!!
But Wade's story is the exact opposite of these! He wants to tell us that MJ's threat of "we both go to jail" was so powerful that he was intimidated by it until he was 30 years old and that it still had a profound effect on him as he testified on the stand in 2005. So basically he is comparing his grown self to 11-13-year-old kids with these examples, but even in that comparation he fails, because the kids in the precedent cases DID actually tell relatively shortly after the alleged abuse happened despite of threats which could seem more real and plausible to them. I mean in the first precedent we had a teacher who had authority over his student, so eg. threatening him with bad grades could sound more plausible. And in the second it seems like the kid felt physically threatened. And despite of that they both DID tell!
But look what we are supposed to believe in Wade's case!
We are supposed to believe that as a grown man (eg. in 2005) he did not know that the acts he describes above - including anal penetration - would be sexual abuse. Even a kid can tell it is, but he could not as a grown man.
Plus we are supposed to believe that as a grown man he still believed that MJ was telling the truth when he allegedly threatened him "we both go to jail if you tell"? He did not realize that neither Jordan Chandler or Gavin Arvizo went to jail despite of MJ's acquittal?
The other day I was looking into some of the precedent cases Wade tries to use to get around the statues of limitations:



They try to use these cases, but when you actually take a look into them you realize they are so different from Wade's case - in fact to me they rather weaken than strengthen Wade's arguments:
John R. v. Oakland Unified School Dist. (1989)
At the time of the incidents giving rise to this case, John R. was a ninth grade student at a junior high school in the Oakland Unified School District [48 Cal. 3d 442] (district). His mathematics teacher, who had also taught John in the seventh grade, asked John to participate in the school's instructional, work-experience program, under which students received both school credit and monetary payments for assisting teachers by, for example, helping to correct other students' papers. The nature of the tasks would suggest that the program was aimed mainly at high-performing students. John had a history of poor grades in mathematics, but his marks in this teacher's class reflected what his attorney, no doubt ironically, termed "a remarkable increase in his ability to do math ...."
Whether legitimately or through artificially inflated grades, John was allowed to participate in the program. Performance of the required work by students at teachers' homes was an option authorized by the district, and the teacher either encouraged or required John to come to his apartment for this purpose. Over the course of many sessions at the teacher's apartment, the teacher sought to develop a close relationship with John as the boy's tutor and counselor, and ultimately endeavored to seduce him. The teacher attempted to convince John that engaging in sex acts with him would be a constructive part of their relationship and, at times, threatened to give John failing grades if John would not go along with his desires and said he would tell people that John had solicited sex from him. On one occasion in February of 1981, the teacher succeeded in pressuring John into sexual acts, including oral copulation and anal intercourse.
When John protested and told the teacher he would report the incidents to his parents, the teacher threatened to retaliate against him if he revealed what had taken place. As a result of these threats, and his embarrassment and shame at what had happened, John did not disclose the incidents to anyone for a number of months. John finally told his father about the molestation 10 months later in December 1981.
John's mother reported the incident to the district that same month, speaking to the vice-principal of John's school and a district community relations representative and asking them how she should proceed. She was advised to put the matter in the hands of the police, who were then told of the molestation by the district representative. John's mother also contacted an attorney and was advised by him to wait for the criminal investigation to substantiate John's charges before she pursued any civil remedy. fn. 2 [48 Cal. 3d 443]
http://law.justia.com/cases/california/cal3d/48/438.html
Christopher P. v. Mojave Unified School Dist. (1993)
According to the evidence presented in support of the petition for relief, 11-year-old Christopher was sexually molested by a District teacher, Curtis Jacquot, during a school field trip on November 9, 1989. After the incident was over, Jacquot told Christopher "not to tell anyone because 'it was not supposed to happen.' Mr. Jacquot said this in such a way that I felt afraid of what Mr. Jacquot might do to me." As a result, Christopher did not report the incident until May 16, 1990, when he was questioned by sheriffs' officers who were investigating another sexual abuse complaint against Jacquot. Christopher continued to fear Jacquot might physically harm him even after he reported the molest, although there is no indication Christopher had contact with Jacquot after the molestation.
http://law.justia.com/cases/california/caapp4th/19/165.html
The argument he uses these cases for is that it happens in child abuse cases that a threat silences the victim. However in both of these cases, as you can see, the threats actually did NOT silence the alleged victims for very long! And we are talking about kids here! In the first case the threat silenced the alleged victim for only 10 months, but then he reported it to his mother and they reported it to the DA.
In the second case the first time the kid was interviewed by law enforcement he did tell it to them, only a couple of months after his abuse!!
But Wade's story is the exact opposite of these! He wants to tell us that MJ's threat of "we both go to jail" was so powerful that he was intimidated by it until he was 30 years old and that it still had a profound effect on him as he testified on the stand in 2005. So basically he is comparing his grown self to 11-13-year-old kids with these examples, but even in that comparation he fails, because the kids in the precedent cases DID actually tell relatively shortly after the alleged abuse happened despite of threats which could seem more real and plausible to them. I mean in the first precedent we had a teacher who had authority over his student, so eg. threatening him with bad grades could sound more plausible. And in the second it seems like the kid felt physically threatened. And despite of that they both DID tell!
But look what we are supposed to believe in Wade's case!
We are supposed to believe that as a grown man (eg. in 2005) he did not know that the acts he describes above - including anal penetration - would be sexual abuse. Even a kid can tell it is, but he could not as a grown man.
Plus we are supposed to believe that as a grown man he still believed that MJ was telling the truth when he allegedly threatened him "we both go to jail if you tell"? He did not realize that neither Jordan Chandler or Gavin Arvizo went to jail despite of MJ's acquittal?