Adding Injury to Injury
August 7, 2007 6:41 PM   Subscribe

Rape Victim Charged in Her Own Rape Airman Cassandra Hernandez reported being raped by three other airmen in May 2006. After experiencing the "enormous stress" of trying to go through the trial process, she dropped the charges. Then the Air Force decided to court-marital her for "committing indecent acts and one count of consuming alcohol as a minor"--and offered her accused rapists immunity for testifying against her. Via
posted by emjaybee (35 comments total)

This post was deleted for the following reason: "This thread would be a more impressive race to the bottom if the poster hadn't given it such a head start." seriously, it's hard enough to talk about sensitive topics without a totally loaded post abotu them. if someone else wants to try this story again, please feel free. -- jessamyn



 
Duke sucks.
posted by wfrgms at 6:44 PM on August 7, 2007


If convicted on both counts, the woman could face up to a year in jail, reduction in rank, a cut in pay in allowances, a possible bad conduct discharge and be required to register as a sex offender, her defense lawyers said.

She was raped. Who is she a threat to that the world needs warning about? Herself?

"The pressure of the judicial process was too much for me, and I felt like no one was looking out for my interests," the woman wrote.


My guess? She was threatened.

And in a remotely sane world, they are pressuring her with the threat of criminal charges to force her to reveal who threatened her.

But that is just wild speculation. More likely, we are witnessing a systemic failure of absurd proportions.
posted by quin at 6:57 PM on August 7, 2007


Clearly she's unaware of the military's "don't ask, don't tell" rape policy.
posted by mek at 6:58 PM on August 7, 2007 [1 favorite]


this post is bullshit.

1) she is not charged in her own rape.
2) she did not "drop the charges"
posted by quonsar at 7:00 PM on August 7, 2007


3) She was totally asking for it anyways.
posted by chlorus at 7:03 PM on August 7, 2007 [2 favorites]


the "immunity" link explains exactly what happened - it ain't pretty, but it's not what this post says it is.
posted by quonsar at 7:07 PM on August 7, 2007


To be fair, she did try to enter the military without a penis.
posted by Deathalicious at 7:07 PM on August 7, 2007 [4 favorites]



this post is bullshit.

1) she is not charged in her own rape.
2) she did not "drop the charges"


Quonsar: What are are you talking about? All the articles indicate she's being charged with an indecent act for the incident itself, which she considers a rape, therefore she is being "charged for her own rape." Secondly she did "drop the charges" in the form of deciding not to testify.

So I think both of your points are false.
posted by delmoi at 7:09 PM on August 7, 2007


On the one hand, this is pretty damn disgusting. On the other hand...yay, a spot-the-asshole thread! 'Cause really, it's good to know who everybody is.
posted by kittens for breakfast at 7:13 PM on August 7, 2007


I suppose in a technical legal sense you could say the charges were not literally "dropped" rather that charges were not filed because the woman didn't want to pursue them. Like after the investigation the military decided the case wasn't strong enough without her testimony.

Of course, we are really only hearing one side of the story here, maybe evidence suggests it was consensual, we don't really know, but still I don't really think you can call the depiction "bullshit".
posted by delmoi at 7:15 PM on August 7, 2007


quin writes "She was raped. Who is she a threat to that the world needs warning about? Herself?"

Isn't that for a judge to decide? Whether she was raped I mean. From the meger information contained in the articles it is just as likely that she made a false claim of rape after engaging in illegal activity in order to deflect punishment.
posted by Mitheral at 7:16 PM on August 7, 2007


"But then late last year, an attorney representing one of the accused, set up a series of interviews with Hernandez.
Her on-base victim's advocate was not allowed to sit in on the interviews."

Could some JAG on metafilter please explain this? That would never fly outside of the military in the US assuming competent counsel. wtf?
posted by psmith at 7:20 PM on August 7, 2007


From the meger information contained in the articles it is just as likely that she made a false claim of rape after engaging in illegal activity in order to deflect punishment.
posted by Mitheral at 7:16 PM on August 7 [+] [!]


Uhhhh. Punishment? The three men she had sex with were going to report her for being drunk? I'm not an expert but I'm pretty sure that if she hadn't accused them of rape it would have been forgotten, or just occasionally bragged about. It's not like they got caught in the act or anything. All of the charges laid have been entirely due to her testimony... if she hadn't made it, there wouldn't be any.
posted by mek at 7:22 PM on August 7, 2007


All the articles indicate she's being charged with an indecent act for the incident itself

what planet did you learn to read on? she's being charged with underaged drinking and performing an indecent act on one of the men while the other two witnessed it.
posted by quonsar at 7:26 PM on August 7, 2007


what planet did you learn to read on? she's being charged with underaged drinking and performing an indecent act on one of the men while the other two witnessed it.
posted by quonsar at 7:26 PM on August 7


Those charges are based on the exact same event which she described as a rape.
posted by mek at 7:29 PM on August 7, 2007


yah, he was prolly holding her ears.
posted by quonsar at 7:32 PM on August 7, 2007


quonsar, I know nothing more about this issue than you but what has caused you to go out of your way to be an asshole in this thread?
posted by psmith at 7:34 PM on August 7, 2007


it is just as likely that she made a false claim of rape after engaging in illegal activity in order to deflect punishment.

i don't buy that for a second. but let's imagine that is the case, that would single-handedly be one of the dumbest ideas in the history of ideas. seriously, a testosterone infused culture such as the military, a woman accusing men of rape. how in the fuck could anyone believe that would deflect attention!?!
posted by andywolf at 7:35 PM on August 7, 2007


Those charges are based on the exact same event which she described as a rape.
posted by mek

yah, he was prolly holding her ears.
posted by quonsar


quonsar, please don't.
posted by FunkyHelix at 7:36 PM on August 7, 2007


how in the fuck could anyone believe that would deflect attention!?!

He said punishment, not attention.
posted by loquax at 7:38 PM on August 7, 2007


This is disturbing.

I may be in a different branch of service, but this is the kind of story that shines negative light upon my profession no matter which way it ends up.
posted by mystyk at 7:41 PM on August 7, 2007


I didn't notice it in the article, but why would the three men have a diffrent punishment if all 4 of them we involved in the indecent act? It seems as though she is being singled out for some reason.
posted by Hicksu at 7:43 PM on August 7, 2007


If she's telling the truth, then fuck them.

If she's lying, then good for them.

Of course we lack the necessary information to conclude who is telling the truth, but that won't stop people from simply assuming whatever side agrees with their personal or political biases is in the right.
posted by Jezztek at 7:43 PM on August 7, 2007


So what next, quonsar? It was all her fault since she went to a party on base and drank?

There's a lot weird in this story, especially granting immunity to the three dudes to testify against her. I'd like to know the whole story.
posted by Eekacat at 7:44 PM on August 7, 2007


quonsar is not making things up, this isn't something decidable by a two-sentence comment on metafilter. Some shit happened.
posted by blacklite at 7:44 PM on August 7, 2007


I didn't notice it in the article, but why would the three men have a diffrent punishment if all 4 of them we involved in the indecent act? It seems as though she is being singled out for some reason.

I...you don't SAY!
posted by kittens for breakfast at 7:45 PM on August 7, 2007


Isn't that for a judge to decide? Whether she was raped I mean. From the meger information contained in the articles it is just as likely that she made a false claim of rape after engaging in illegal activity in order to deflect punishment.

Attention women: you have not been raped until a Judge and Jury has determined that you have been raped. Until such time, you may only use the phrase "I was allegedly raped by those alleged rapists." After all, theres a very good possibility that you're just making the whole thing up or were asking for it anyway.
posted by Avenger at 7:50 PM on August 7, 2007


I didn't notice it in the article, but why would the three men have a diffrent punishment if all 4 of them we involved in the indecent act? It seems as though she is being singled out for some reason.

Well lets say the prosecutors are operating under the impression that she wasn't the victim of rape, and in fact that she spread reports of them raping her to deflect punishment for the consensual acts of sex and underage drinking (that they all participated in). Then it is pretty fucking clear that what she did was worse then what the guys did, because they didn't accuse anyone of rape to avoid punishment.

Of course that is all predicated on the idea that the rape claims were bullshit, if they were indeed valid then the situation could be clearly interpreted as an attempt to silence women from airing 'dirty laundry'.

Obviously as I stated earlier, there is no way for us here on Metafilter to know which is true from the one-sided information provided, but clearly people are going to choose to believe what fit's their prerogative.
posted by Jezztek at 7:55 PM on August 7, 2007


In which quonsar learns the difference between "edgy" and "idiocy".
posted by Pope Guilty at 7:55 PM on August 7, 2007


Attention women: you have not been raped until a Judge and Jury has determined that you have been raped. Until such time, you may only use the phrase "I was allegedly raped by those alleged rapists." After all, theres a very good possibility that you're just making the whole thing up or were asking for it anyway.

Wow, just wow. Who needs trials! Who needs a justice system! Men accused of rapes are automatically guilty and should just be blown out of the airlock as soon as allegations surface.
posted by Jezztek at 7:57 PM on August 7, 2007


Then it is pretty fucking clear that what she did was worse then what the guys did, because they didn't accuse anyone of rape to avoid punishment.

Sure, except that she's not standing trial for making a false accusation.
posted by kittens for breakfast at 7:59 PM on August 7, 2007


This thread would be a more impressive race to the bottom if the poster hadn't given it such a head start.
posted by Armitage Shanks at 8:01 PM on August 7, 2007


Sure, except that she's not standing trial for making a false accusation.

Yup yup, I don't know the specifics of what the prosecutors felt they could or could not prove, but clearly that would provide a reason for why it might draw additional attention to her in this mess above the other three.
posted by Jezztek at 8:03 PM on August 7, 2007


There are not enough facts in the links to pick a side on this. Please continue the race to the bottom. Someone must find the bottom!
posted by psmith at 8:14 PM on August 7, 2007


Avenger writes "Attention women: you have not been raped until a Judge and Jury has determined that you have been raped. Until such time, you may only use the phrase 'I was allegedly raped by those alleged rapists.' After all, theres a very good possibility that you're just making the whole thing up or were asking for it anyway."

Holy twisted words Batman that not what I said or even implied. I said We. Don't. Know. and one of the purposes of a court is, in theory anyways, to ferret out the true course of events. Cripes we don't even know what obscene act she is accused of performing. Could be something as innocent as public urination or something you'd need a million dollars to procure.
posted by Mitheral at 8:15 PM on August 7, 2007


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