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Posted

If that news was out there on draft day and Buffalo chose him anyway……. 
 

How this plays out may determine my fanhood for both the Sabres and the Bills.  

Posted
  On 8/26/2022 at 12:52 PM, Huckleberry said:
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That's such an odd quote from the article.  They say he confirmed having sex with her, but then when they get to actual quotes from Araiza, he's not answering the question.  If they have the actual quote, use it instead of throwing together a sentence where the first half contradicts the second half.

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Posted

The questions at play are did Araiza have sex (intercourse or oral) with this girl? (seems like he probably did)

Was he aware she was 17? (that seems disputed as there is a question of if she said college or high school)

Was she unable to give consent? (also disputed as to what she drank both alcohol or drugs)

Was Araiza involved in the bedroom "incident", using this word because idk what the board policy is on something like this? (also disputed although it seems as though there are enough witnesses, including a friend who may have tried to enter the room, that this can be answered)

His lawyer is obviously going to paint a different picture so that is something to wonder about, but it sounds like the Bills have been in the loop for a minimum of several weeks. It also sounds as if the attorney does not believe Araisa will be charged criminally but again, take it with a grain of salt.

Posted (edited)

Cutting a punter won't destroy the buffalo bills Super Bowl chances.

But having that type of Toxic Energy surrounding you will .

Pretty easy decision if I was buffalo 

Edited by Buffalonill
Posted

Only thing I find weird is that this happened 10 months ago and no criminal charge happened.   
A full rape kit was done even so there should be enough DNA evidence to convict ? 

Posted (edited)
  On 8/26/2022 at 1:18 PM, shrader said:

That's such an odd quote from the article.  They say he confirmed having sex with her, but then when they get to actual quotes from Araiza, he's not answering the question.  If they have the actual quote, use it instead of throwing together a sentence where the first half contradicts the second half.

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It also differs from what the interviewer read on camera (see the interview that Liger posted).

  On 8/26/2022 at 1:27 PM, Huckleberry said:

Only thing I find weird is that this happened 10 months ago and no criminal charge happened.   
A full rape kit was done even so there should be enough DNA evidence to convict ? 

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DNA evidence can tell you whether the parties had sex.  It won't tell you whether it was consensual.

Edited by Eleven
Posted
  On 8/26/2022 at 11:29 AM, carpandean said:

For her sake, I hope this didn't happen, regardless of who was involved.  Nobody should have to endure a fraction of what was alleged to have happened to her.

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Absolutely.

 

 

  On 8/26/2022 at 11:29 AM, carpandean said:

Unfortunately, it seems very likely that it did happen. 

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I can't get there yet.

Posted
  On 8/26/2022 at 1:27 PM, Huckleberry said:

Only thing I find weird is that this happened 10 months ago and no criminal charge happened.   
A full rape kit was done even so there should be enough DNA evidence to convict ? 

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Who knows how long it took for that kit to be processed. It is widely reported that there is a major backlog in the testing of the kits. 

Posted
  On 8/26/2022 at 12:52 PM, Huckleberry said:
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Ok, here it is from the actual complaint--keep in mind that complaints are just allegations--without CBS's editing:

 

 

 

  On 8/26/2022 at 1:56 PM, LGR4GM said:

Who knows how long it took for that kit to be processed. It is widely reported that there is a major backlog in the testing of the kits. 

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In NYS it was about three or four months as of last year.

Posted

I am not in the law field, but my understanding is that California has a pretty black and white statutory rape guideline.  If you’re under 18, you’re a minor and cannot give consent.  
 

The complaint establishes that Araiza should have known her age. And not knowing her age at the time isn’t a legal defense. 
 

I think it is very likely that a statutory charge is coming. Which would lead me to think the Bills would know this and move on immediately. But the fact that they haven’t makes me wonder why…

Posted
  On 8/26/2022 at 1:29 PM, Eleven said:

It also differs from what the interviewer read on camera (see the interview that Liger posted).

DNA evidence can tell you whether the parties had sex.  It won't tell you whether it was consensual.

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Consent doesn't matter if she's 17.  He's going to get charged if the rape kit has his DNA.

Posted (edited)
  On 8/26/2022 at 2:05 PM, Porous Five Hole said:

I am not in the law field, but my understanding is that California has a pretty black and white statutory rape guideline.  If you’re under 18, you’re a minor and cannot give consent.  
 

The complaint establishes that Araiza should have known her age. And not knowing her age at the time isn’t a legal defense. 
 

I think it is very likely that a statutory charge is coming. Which would lead me to think the Bills would know this and move on immediately. But the fact that they haven’t makes me wonder why…

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So we have to distinguish between the civil case and a potential criminal case, in the first instance.  Her civil suit is based on allegations of multiple forcible rapes and not statutory rapes.  And complaints don't establish anything--they are just allegations.

As for the possibility of a potential criminal case based upon statutory rape, I don't know what defenses are available in California...I have NO idea. Her representations could be a defense, his age could be a defense, etc. The age of consent is 18, as you say, though.

  On 8/26/2022 at 2:12 PM, Thwomp! said:

Consent doesn't matter if she's 17.  He's going to get charged if the rape kit has his DNA.

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I don't think there is an issue of fact as to whether some form of sex was had (assuming the kit reveals his DNA).  But as above, I don't know whether there are obvious defenses that would militate against prosecution.

Edited by Eleven
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Posted
  On 8/26/2022 at 2:13 PM, Eleven said:

So we have to distinguish between the civil case and a potential criminal case, in the first instance.  Her civil suit is based on allegations of multiple forcible rapes and not statutory rapes.  And complaints don't establish anything--they are just allegations.

As for the possibility of a potential criminal case based upon statutory rape, I don't know what defenses are available in California...I have NO idea. Her representations could be a defense, his age could be a defense, etc. The age of consent is 18, as you say, though.

I don't think there is an issue of fact as to whether some form of sex was had.  But as above, I don't know whether there are obvious defenses that would militate against prosecution.

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Well you're a lawyer and I'm not 🙂

But, in the main video the legal expert indicates that it's a very "black and white" issue in California with few, if any, defenses.  If his DNA comes back he should be charged with criminal charges.  The police haven't been and/or still aren't exactly doing a great job with this either, so that's another aspect of this.

Posted (edited)
  On 8/26/2022 at 2:20 PM, Thwomp! said:

Well you're a lawyer and I'm not 🙂

But, in the main video the legal expert indicates that it's a very "black and white" issue in California with few, if any, defenses.  If his DNA comes back he should be charged with criminal charges.  The police haven't been and/or still aren't exactly doing a great job with this either, so that's another aspect of this.

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All this is is an advertisement in the guise of a blog, but it appears that if she misled him as to her age, that is a defense in California:  https://www.cwsdefense.com/blog/2020/june/exceptions-to-californias-statutory-rape-laws/

 

Edited by Eleven
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Posted

Here's why attempting to litigate via bullying on twitter is a bad idea:  Her attorney strongly implies that it was statutory and not forcible rape with this tweet:

 

His other tweets are even worse.

Posted
  On 8/26/2022 at 3:47 PM, Eleven said:

Here's why attempting to litigate via bullying on twitter is a bad idea:  Her attorney strongly implies that it was statutory and not forcible rape with this tweet:

 

His other tweets are even worse.

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  On 8/26/2022 at 3:50 PM, Eleven said:

Whatever happened or didn't happen last October, I'm calling this right now:  There's something wrong with this Gilleon fellow.

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He has more than a bit of the Avenatti about him… 

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