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mahatmakanejeeves

(57,738 posts)
Wed Feb 13, 2019, 02:04 PM Feb 2019

Boston prosecutor offers to investigate sexual assault allegation against Fairfax

Source: Washington Post

Virginia Politics
Boston prosecutor offers to investigate sexual assault allegation against Fairfax

By Fenit Nirappil and Jenna Portnoy
February 13 at 12:30 PM

A Massachusetts prosecutor has offered to investigate Virginia Lt. Gov. Justin Fairfax (D) if the woman who accused him of sexually assaulting her in Boston in 2004 files a criminal complaint.

Suffolk County District Attorney Rachael Rollins emailed a letter to lawyers representing Vanessa Tyson on Thursday offering assistance and an opportunity to file a complaint, Rollins's spokesman Jake Wark confirmed Wednesday. The possible investigation was first reported by the Boston Globe.

Tyson, a college professor in California, earlier this month accused Fairfax of forcing her to perform oral sex on him after they had met at the 2004 Democratic National Convention. Fairfax has denied the allegation and said their encounter was consensual.

The statute of limitations for sexual assault in Massachusetts is 15 years, meaning prosecutors would have until the summer to bring criminal charges against Fairfax.
....

Fenit Nirappil covers D.C. government and politics. Before he joined The Washington Post in 2015, he covered the California statehouse for the Associated Press and suburban government outside Portland, Ore., for the Oregonian. Follow https://twitter.com/FenitN

Jenna Portnoy covers Virginia, Maryland and D.C. politics for The Washington Post. She previously worked for the Newark Star-Ledger and the Allentown Morning Call, and has been a newspaper reporter since 2001. Follow https://twitter.com/jennaportnoy

Read more: https://www.washingtonpost.com/local/virginia-politics/boston-prosecutor-offers-to-investigate-sexual-assault-allegation-against-fairfax/2019/02/13/91ec5536-2f8b-11e9-8ad3-9a5b113ecd3c_story.html



Tyson's team has said she's not going to file a criminal complaint




NEW REPORTING: Launching off this morning's @BostonGlobe report detailing a Boston area DA's offer to investigate the accusations against @LGJustinFairfax, if and only if Vanessa Tyson is willing to file criminal charges.




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Boston prosecutor offers to investigate sexual assault allegation against Fairfax (Original Post) mahatmakanejeeves Feb 2019 OP
Probably unwilling to file a criminal complaint Jarqui Feb 2019 #1
And sadly, that means little. moriah Feb 2019 #3
Good, I hope that becomes a trend Perseus Feb 2019 #2
Hence, a rape victim, any rape victim, unable to establish evidence or proof LanternWaste Feb 2019 #6
That is not what that means. It means that if you are the victim of a crime, you should report it politicaljunkie41910 Feb 2019 #8
Um.. ScratchCat Feb 2019 #4
Honestly, while it wouldn't happen in a non-publicized rape case... moriah Feb 2019 #5
She now WILL meet with Boston, MA-area prosecutors and law enforcement regarding her allegation mahatmakanejeeves Feb 2019 #7

Jarqui

(10,131 posts)
1. Probably unwilling to file a criminal complaint
Wed Feb 13, 2019, 02:17 PM
Feb 2019

because her lawyers know that she doesn't have enough evidence for a criminal case.

moriah

(8,311 posts)
3. And sadly, that means little.
Wed Feb 13, 2019, 02:26 PM
Feb 2019

I know that the burden of proof in rape cases is so high that most prosecutors don't even touch acquaintance rape cases unless they have leverage to get a plea deal (like if the ill-fated attempt to do a controlled phone call in my case had actually worked -- I offered to meet him in a public location and wear a wire instead because I didn't think phone would work, but they said a recorded call was the only option).

And that was a contemporaneous investigation vs one decades later.

The only thing it would do for Tyson is to show she would be willing to accept the legal consequences of a demonstrably false allegation, instead of the police investigation showing "inconclusive" or a grand jury not indicting. Wouldn't hurt for the court of public opinion, but I agree, even if he did rape her, it's unlikely there'd be enough evidence now for a conviction.

 

Perseus

(4,341 posts)
2. Good, I hope that becomes a trend
Wed Feb 13, 2019, 02:23 PM
Feb 2019

If you accuse someone of something like this, which could put an end to somebody's career then you have to be able top prove it, and Democrats jumping the gun should demand that a full investigation be conducted.

I am still upset about what happened to Al Franken when there were four anonymous accusers, and people believed that?

If you accuse someone, you must be able to prove it. otherwise it makes it easy for republicans to cook up things like that, and we all know republicans do not morals that would prevent them from doing it.

 

LanternWaste

(37,748 posts)
6. Hence, a rape victim, any rape victim, unable to establish evidence or proof
Wed Feb 13, 2019, 04:47 PM
Feb 2019

"If you accuse someone of something like this, which could put an end to somebody's career then you have to be able top prove it..."


Hence, a rape victim, any rape victim, unable to establish evidence or proof should never do anything about it?

I certainly hope that does not become a trend.

politicaljunkie41910

(3,335 posts)
8. That is not what that means. It means that if you are the victim of a crime, you should report it
Thu Feb 14, 2019, 11:31 AM
Feb 2019

immediately to preserve evidence. Not wait 15 years. Who among us could defend ourselves against a crime that happened 15-20 years ago. And while false reporting of rape is probably rare, it does happen. I have said it before and I'll say it again, if a man forced me to perform oral sex on him, he can expect to come up several inches short. That's what teeth are for and you can bet that I would use mine and we would definitely have some evidence when I report it.

ScratchCat

(2,020 posts)
4. Um..
Wed Feb 13, 2019, 02:34 PM
Feb 2019

That is completely out of line for a DA - soliciting investigations? I would hope the Mass. AG fires her immediately. Could you imagine if some DA wrote a letter to an attorney saying they'd be willing to investigate Hillary Clinton based upon a nearly 20-year old allegation? Un-freaking-believable.

moriah

(8,311 posts)
5. Honestly, while it wouldn't happen in a non-publicized rape case...
Wed Feb 13, 2019, 02:48 PM
Feb 2019

... the alleged complaint is still within SOL in MA, but it will expire soon. Charges would have to be brought before June, so if they are to be brought before a grand jury, the police would need to start investigating now.

Fairfax himself asked for investigations, which he should have known could include criminal ones -- he was a prosecutor himself.

The prosecutor saying they would allow a grand jury if the accuser files a police report and chooses to pursue criminal charges while she still can is definitely a political move -- but one that does more to put Dr. Tyson on the spot than it does Lt. Gov. Fairfax. If she chooses not to pursue what will most likely be a futile attempt at prosecution (regardless of the veracity of her claim), it looks like she's not willing to accept the criminal penalties that exist for a demonstrably false police report (vs one simply ruled "unsubstantiated" or "inconclusive" ).

And even with the institutionalized racism inherent in our justice system, it would be nearly impossible to get a conviction, or even an indictment from a grand jury, on Dr. Tyson's case, as she has said there were no outcry witnesses for a decade (whereas Watson's outcry witnesses claim to have discussed it in 2000 and 2001). So even if she took the "court of public opinion" win by reporting, the "court of opinion" about the results of such a report would be at the best a tie.

mahatmakanejeeves

(57,738 posts)
7. She now WILL meet with Boston, MA-area prosecutors and law enforcement regarding her allegation
Thu Feb 14, 2019, 11:07 AM
Feb 2019
Graham Moomaw Retweeted

New from Dr. Vanessa Tyson’s lawyers: she now WILL meet with Boston, MA-area prosecutors and law enforcement regarding her sexual assault allegation against Va Lt Gov Justin Fairfax over 2004 encounter; they are scheduling a meeting


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