Everything I read stated she went to a hospital and tests using a rape kit were performed. Do we know for certain that this means she went there first, and police then became involved, or is that an assumption based on that wording?
Typically rape kits can be administered at the police station if the victim goes there first (this may be different in suburban NY state).
EDIT: I am not a cop and am often wrong.
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Right now the NHL is in a tough spot, I would argue that the two fail safe deadly phrases are domestic violence and rape.
If Kane had been caught doing a line of blow, or firing a needle full of bull hormones into his butt, they could send him to rehab, and probably let him play leading up to a trial or agreement.
But nowadays Domestic Assault and Rape are the WMD's of legal charges, basically whether he did it or not, the NHL is probably not going to allow him to play until this is cleared up beyond a reasonable doubt in terms of innocence or guilt.
Things have changed, in the old days in all sports if something like this happened, the teams would probably pay off the victim, pay off the press and make sure that it stayed quiet, but the media nowadays is much more active, and less beholden to the sports beat that they cover.
I would expect that the NHL will announce a suspension for Kane until the legal matter is cleared up. The last thing that want is a media circus everytime the Hawks come to town
Why is it hard to believe? All sorts of men commit rape. Your career choice, wealth, and other factors don't preclude someone from that.
Why is it more plausible that the girl lied?
I'm not saying he did it. I hope he didn't. But I don't understand any of the above.
Perception defines reality. And given how damn near impossible it is to get a conviction, perception tends to skew far into the defence of the perpetrator. Add in previous false or not-credible allegations to other athletes, and that further skews perception.
Or maybe it's because when this happens to famous people, everyone's ears go up and the media unleashes a firestorm of incomplete information, whether there is fault on the celebrity, or some type of false accusation.
Due to the wealth involved, I would bet there is a higher number of false accusations laid against those of high net worth and/or celebrity than the general average. I wouldn't bet that the rate of actual sexual assault is any different than the general population though, it's just that we hear about and are more interested in it because we know the names involved.
I suspect you hear about it less. Look at Bill Cosby and how he was able to cover it all up for decades.
False accusations of rape are extremely rare. No matter who the accused is. I don't buy the "celebrity target" argument. I doubt a woman is going to want to put herself through that process without it actually happening, possible civil lawsuit or not. A lawsuit wouldn't get a settlement for years, and a criminal case doesn't get her anything by way of monetary value.
I would bet real money that actual assaults which are covered up far outnumber false accusations.
It's not as ridiculous as you would like to think. The NHL has the advantage right now that we are still six weeks from the opening of camps, so it can take a wait and see attitude. But unless the police investigation comes back quickly with "not credible", the league will have little choice but to suspend Kane.
I thought that only a licensed and registered nurse could do the Rape Kit administration?
I didn't think that the police could or would do it because it can be very personal and invasive.
The more important problem is that a police officer is not qualified to conduct a physical examination ("rape kit" or otherwise) nor or to interpret any results. Only a physician is qualified to do this. Suffice to say, these types of physical examinations are only performed at a hospital.
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"Life of Russian hockey veterans is very hard," said Soviet hockey star Sergei Makarov. "Most of them don't have enough to eat these days. These old players are Russian legends."
Maybe I misunderstood your comment but your comment was that if a man raped a woman after she decided she didn't want to go through with it, that it was sex. My definition of sex doesn't include sexual assault.
I don't think that really matters, the NHL is very sensitive now as are other sports when it comes to the investigation of serious legal issues.
Mike Richards was under investigation and he was terminated, now I get that this was a fortunate turn of events for the Kings who wanted to buy him out anyways. But how long do you think it will take the media to connect the dots and say, Richards was terminated while under investigation for a controlled substance based crime, Kane is under investigation for rape so if the NHL sits on their hands, they will get shredded.
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Hm well assuming that she was of age. What would be the direction of the situation if say they had consensual sex and he just left and she got really vengeful and made it look like she was raped and then went straight to the hospital? There would be signs of rape and DNA evidence to support the claim but then what? Would it just come down to a lie detector test? Or could that be refused?
I'm no expert but I see the case being dropped before a lie detector test unless the allegations are true, makes sense? This is obviously disregarding all court proceedings.
Polygraph test results have not been admissible in criminal proceedings in Canada since 1978 and have not been admissible in civil proceedings since the late 1980s (admittedly, not sure about the state of the law in the US but find it highly unlikely that polygraph tests are still in use anywhere but the Maury Povich Show). We test credibility now through plausibility, consistency with other evidence, and cross-examination at trial.
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"Life of Russian hockey veterans is very hard," said Soviet hockey star Sergei Makarov. "Most of them don't have enough to eat these days. These old players are Russian legends."
I didn't think that Lie Detector tests were even admissible without consent from both sides.
If she went to the hospital and there were signs of rape, defensive wounds and DNA evidence, then Kane is in huge trouble.
Whether she went to the hospital first and then called the police in or the opposite doesn't really matter here, since for the most part, rape victims aren't usually all that rational right after the attack.
The movie made it look like it's decently easy to fake all of that if you had sex with the person you plan on accusing.
I wasn't really being serious though. I know it's just a movie. I'm assuming/hoping forensics could do a good job verifying self inflicted wounds.
It is worth noting that in a large proportion of sexual assault prosecutions (I want to say in the majority but not sure if that is true or not) there is no physical evidence of resistance (or at least the physical evidence could be consistent with both consent and non-consent.)
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"Life of Russian hockey veterans is very hard," said Soviet hockey star Sergei Makarov. "Most of them don't have enough to eat these days. These old players are Russian legends."
Maybe I'm completely out to lunch, but I believe there is someone on staff at most precincts that has the training to do this.
Again I may have been told wrong.
I did a quick look up, and it looks like in most states a registered nurse at the very least or a physician has to do it.
I looked up the rape kit process, and it looks something like this
Immediate care for physical injuries
History is taken
Head to toe examination including invasive examination of major orifaces depending on the type of rape, they are looking for internal wounds like abrasions, collecting dna (saliva, semen blood etc). They look for debris internally, they look for clothing evidence etc. Look for defensive wounds, left possible DNA evidence such as hair, skin fragments etc that can connect to the accused.
Mamdatory Reporting - I looked it up a lot of victims go to the hospital first because they have sustained injuries and are usually in shock.
Follow up care is prescribed - ie testing for STI's.
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Polygraph test results have not been admissible in criminal proceedings in Canada since 1978 and have not been admissible in civil proceedings since the late 1980s (admittedly, not sure about the state of the law in the US but find it highly unlikely that polygraph tests are still in use anywhere but the Maury Povich Show). We test credibility now through plausibility, consistency with other evidence, and cross-examination at trial.
From what I've seen its admissible in civil cases if there's consent from both sides to allow it, but its not admissible in criminal
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