Saturday, May 17, 2008

Rape Victim Ordered to Pay Her Rapist's Legal Fees

It's the most tragic injustice you've never heard about.

Melanie Ross, a rape victim in Georgia, was ordered to pay her rapist's legal fees after Judge Phillip Brown dismissed her claim as frivolous. His reasoning? The victim was not a virgin. Her rapist was her ex-boyfriend, Daniel Day. Her lacerations and bruises could have been caused by "bumping into furniture." And since Day used a date rape drug, Ross could not be considered a reliable witness.

It is important to realize that Day has not claimed that he did not give Melanie Ross a rape drug, or that he did not rape her while she was under the influence of said drug. His entire defense is that he didn't need to drug her to get her to have sex with him, because they had had a sexual relationship previously. His entire defense is: A man can't rape a woman who has previously consented to have sex with him - or with anyone. And a Georgia Judge agreed with him.

You can read more about this case at Feministing or at SAFER.

wednesdayview - whereIstand.com

7 comments:

Anonymous said...

Wow. I'm sure you have quite a few facts missing from your rant. Maybe you should read the court documents before you throw a hissy-fit.

Kellie said...

I'm sure I've read a lot more about this case than you have. And thanks for dismissing my perfectly understandable outrage as a "hissy-fit." Nice paternalism.

Anonymous said...

Sorry Kellie, but you don't know shit. Day, when deposed, DID claim he never used a date-rape drug and also states that he has never even seen one. Also, saying that he is a "rapist" and that he "date raped" her is libelous. In fact, that is about the clearest example of it. So, to answer your comment, NO. You have not read up on this case as much as I have. So fuck off.

Anonymous said...

As I've read the original court document in which the judge explains his reasoning for awarding attorney fees to the defense, I can say without a doubt you are DEAD WRONG. Melanie Ross had zero evidence she was raped - and that was after the police tested her for a date-rape drug and looked for physical injury. She had one small bruise and a cut in her private area that she admitted could have been from shaving. Daniel Day was from a wealthy family and the judge decided she was after money the entire time. Imagine. Women lie about rape to get money. I'm sure you think the entire thing was a conspiracy, the judge, the police, everything. After all, it is impossible for a woman to lie and say rape. Get a clue before you libel someone.

Research. Research. Research.

By the way, I'm a woman too so don't go off on men being biased about this. Women like you are dangerous not only to innocent men, but also to true rape victims.

Kellie Cleveland said...

Day broke up with Ross and she called him incessantly. He had the phone records to prove it. Melanie Ross called Day the day after she claims he assaulted her. He had phone records to prove it. Ross was physically aggressive the night in question, with her own sorority sisters saying this in their deposition. Amanda Farahany is not giving you these details because she wants you to help her get out of paying the $150,000. Oh, you didn't know she had to pay the majority of that bill? Well, she never showed you THAT document, did she? She has led everyone astray, as she did with the courts, and is now paying for it - literally. Farahany should be disbarred, not the judge, for being such a terrible attorney.

bernard n. shull said...
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