Slut shaming in the Buffalo News?

I'm guessing not. Not only does he not know if the flirter was the accuser, he also admits he has no idea what happened after Kane and his "friends" left the bar:

"If you’re going to ask what happened between them after they left that night, how would I know?”

 

In your opinion, what part of what the bar owner described makes the woman a whore? Serious question.

 

It is not a serious question and you are not a serious person.

 

Here's the New York rape shield law, with what I think would be the relevant portion - which is quite ambiguous - bolded.

New York Rape Shield Law, Criminal Procedure Code § 60.42 § 60.42 Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases.

Evidence of a victim's sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense defined in article one hundred thirty of the penal law unless such evidence:

1. proves or tends to prove specific instances of the victim's prior sexual conduct with the accused; or

2. proves or tends to prove that the victim has been convicted of an offense under section 230.00 of the penal law within three years prior to the sex offense which is the subject of the prosecution; or

3. rebuts evidence introduced by the people of the victim's failure to engage in sexual intercourse, deviate sexual intercourse or sexual contact during a given period of time; or

4. rebuts evidence introduced by the people which proves or tends to prove that the accused is the cause of pregnancy or disease of the victim, or the source of semen found in the victim; or

5. is determined by the court after an offer of proof by the accused outside the hearing of the jury, or such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination, to be relevant and admissible in the interests of justice.

 

I am guessing that we'd have to have a lot more context to know whether it would be admissible or not. Is she going to say that she affirmatively said "no"? Is she going to say she never affirmatively said "no," but she never gave consent? Is she going to say she was black-out drunk or high and can't remember? I would think that the relevance of the bar owner's testimony would vary, dependent on what she says happened.

 

Catching up, but isn't this the same sentiment as black families having "the talk" about dealing with police?

 

When I first read the Buffalo News story yesterday, and I got to the bar owner's quotes, I was like 'Whoa, whoa, whoa.' I'm glad to see that Deadspin, TBL, us and other outlets have picked up on this.

That being said....

If I were an editor at the Buffalo News....

Let's face it: The interview with the bar owner is a nice get. To have him speak so openly on the record like that is pretty good stuff. I think there's a way to work in something from the bar owner in a responsible way.

The quote from the bar owner about "This is America..." That belongs at the very bottom of this article, if at all. This is a straight news story.. Who gives a crap about Don Croce's musings on the American justice system.

But I think there's a way to paint a picture of the scene at the bar-- using his words and details-- that don't speak to accusation one way or the other.

 

I can't believe some still consider flirting at a bar could kinda sorta maybe be consent for sex.

 

No one has said that.

 

He. Doesn't. Know. If. The. Woman. He. Saw. Was. The. Accuser.

 

Here's a Montana case in which flirtatious behavior in the days prior to the alleged rape was ruled inadmissible under the state's rape shield law:

http://publicdefender.mt.gov/training/09/lackofconsent/4.pdf

 

Is this true?