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Denver Native (Carol)
12-14-2010, 08:48 PM
ENGLEWOOD, Colo. -- Denver Broncos rookie cornerback Perrish Cox could face up to life in prison if convicted of sexual assault charges filed by prosecutors last week.

A portion of the case unsealed by a Douglas County judge Tuesday shows the sexual assault charges are Class 3 and Class 4 felonies, which carry a sentence of between two years to life in prison. They involve a helpless victim.

full story - http://sports.espn.go.com/nfl/news/story?id=5920383

Juriga72
12-14-2010, 08:54 PM
Damn.... I guess this sounds as bad as it could be

BroncoWave
12-14-2010, 08:56 PM
Holy shit.

Lancane
12-14-2010, 08:57 PM
This is why men who feel unrequited urges should move to Montana...there are plenty of cuddly wool-softened sheep!

:lol:

EMB6903
12-14-2010, 08:57 PM
Good riddance Cox.

Northman
12-14-2010, 09:04 PM
If he's guilty i hope he gets the max.

Denver Native (Carol)
12-14-2010, 09:36 PM
This does not sound good - and helpless victim definitely does not sound good, if this is true :tsk:

Buff
12-14-2010, 09:43 PM
Two years to life is a pretty wide spectrum.

Juriga72
12-14-2010, 09:59 PM
This does not sound good - and helpless victim definitely does not sound good, if this is true :tsk:

Dear lord.... Are they saying "helpless" as in like..Underage? Because even if she says YES....that's a huge no.

I hope the hell he gets a good lawyer, maybe the guy who over turned Masters conviction up in Ft. Collins


I bet Tim Masters would give him a ringing endorsement

Denver Native (Carol)
12-14-2010, 10:11 PM
Here is more from the DP:


The two felony charges against Denver Broncos cornerback Perrish Cox accuse him of sexually assaulting a helpless victim incapable of appraising her own condition.

A privately operated online database that posts case information for Colorado's judiciary inadvertently posted the alleged victim's name for a time Tuesday afternoon.

The Denver Post is not naming the woman because the newspaper does not identify alleged victims of sexual assaults without their consent.

But the name matches that of a Denver model whose photographs are published on the Internet and who has appeared in magazines.

In an online posting, she said she was a student in mass communications at the University of Colorado Denver.

http://www.denverpost.com/news/ci_16859218 - rest of article

So, does a helpless victim incapable of appraising her own condition = drunk?

I Eat Staples
12-14-2010, 10:14 PM
Here is more from the DP:



http://www.denverpost.com/news/ci_16859218 - rest of article

So, does a helpless victim incapable of appraising her own condition = drunk?

I can't imagine that being the case, because one of the reasons Roethlisberger got off easy was because the victim was drunk.

Anyway, this is really terrible. Even if he's guilty, I would really hope he doesn't face life in prison. If he made a mistake, he deserves to pay for it, but he doesn't deserve to lose the rest of his life.

Juriga72
12-14-2010, 10:18 PM
drunk or.... drugged

damn...damn......damn

BroncoWave
12-14-2010, 10:21 PM
Anyway, this is really terrible. Even if he's guilty, I would really hope he doesn't face life in prison. If he made a mistake, he deserves to pay for it, but he doesn't deserve to lose the rest of his life.

I agree with this. Unless he raped a child or something I can't see it being worth life in prison.

Northman
12-14-2010, 10:25 PM
Here is more from the DP:



http://www.denverpost.com/news/ci_16859218 - rest of article

So, does a helpless victim incapable of appraising her own condition = drunk?


Yea, im not sure but here is West Virginia's definition of sexual assault. Might be at least a little helpful.



Sexual Assault in the First Degree
A person is guilty of sexual assault in the first degree when:


The offender engages in sexual intercourse or sexual intrusion without the consent of the victim and during the attack inflicts bodily injury or uses a deadly weapon.
The offender is 14 years old or more and engages in sexual intercourse or intrusion with another person, who is 11 years old or less.


Sexual Abuse in the Second Degree
A person is guilty of sexual abuse in the second degree when:


The offender engages in sexual intercourse or sexual intrusion without the victim’s consent by using forced participation.
The offender engages in sexual intercourse or sexual intrusion with another person who is physically helpless. This includes physically helpless victims, acquaintance rape, drug facilitated rape and victims who are intoxicated.


Sexual Assault in the Third Degree
A person is guilty of sexual assault in the third degree when:


The offender is 16 years old or more and engages in sexual intercourse or sexual intrusion with the victim who is less than 16 years old and who is at least 4 years younger than the offender. This also includes mentally handicapped and mentally incapacitated victims.

Denver Native (Carol)
12-14-2010, 10:26 PM
The alleged offense occurred Sept. 6 and was reported Oct. 28.

http://sports.espn.go.com/nfl/news/story?id=5920383

Well - possibly, here we go again: This supposedly occurred on Sept. 6th, but was not reported until Oct. 28th???????

And, if the DP is correct -


But the name matches that of a Denver model whose photographs are published on the Internet and who has appeared in magazines.

There could possibly be something fishy here. If this person is a model whose photographs are published on the internet, could she be seeking a large sum of money - just sayin.

Lonestar
12-14-2010, 10:50 PM
Major moron if there were drugs oe booze invovled.

Has anyone heard more on "other" Broncos being invovled as was reported the other day.
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Lancane
12-14-2010, 10:57 PM
The other day a rumor arose that other Broncos are being investigated in connection with the case. And the reason I mention this is because the use of the word helpless (Could mean constricted by device or persons, this would include rope, handcuffs, bungee strings or anything to bind an individual against their will, it also includes being held down against their will by other persons).

Colorado is not a rape cautious state, instead they're rather fierce here and especially in cases similar to a gang-rape (which includes more then one individual of any given organization, IE gangs, clubs, teams, etc.).

Sounds rather bad, but the girl is not underage and that could play in his favor, if she was in inebriated of your own inclination, whether induced by alcohol or narcotics, it could backfire on her. There was a case involving the drug 'Ecstasy' a few years back, the girl had taken two doses and woke up in bed with a guy she did not know, claimed to be raped - her friends testified that she used the narcotic often and had taken the pills of her own volition and thus the case was then thrown out because the drug effected the memory and nervous system...not saying that is the case...but it's a possibility.

If he really wanted to get laid, I'm sure he could have met even an ugly woman willing to give it up...isn't that hard, people hook up for sex off the internet even, was it really that hard to find someone willing if the case holds weight? And if it does I don't feel sorry for him one bit...I feel sorry for the ******** whom are innocent and get the same punishment as those guilty in such cases...but not those whom are guilty.

TimTebow15MVP
12-14-2010, 11:41 PM
she reported it so late because after thinking about it she decided she could get some money.

Say whatever you want i will stand beside prerrish untill proven guilty. see this su the type of case that nfl players cannot avoid other than not having sex. when you meet a female and you got money and status. they automatically hope that you chose them. and if you dont plan b is to get a lawsuit. perrish can this girl spent the night getting wasted having sex. perrish never called her ass back after that night. and now she hollerin rape.

this is the type of case that puts the player in a position that he gotta prove he didnt do anything she didnt wanna do. we know they had sex. she knows they had sex. and im sure she wanted to have sex or you dont spend the night getting wasted with random people. now her case is all word of mouth. because we know they had sex. this is exactly what she was thinking. she would go to curt and have nothing to prove. and how is cox suppose to prove unless he recorded it? this is when it gets settled outta court, she gets a pay day and cox gets looked down upon by fans. smh.

some woman are just scandelous. ewwww

frauschieze
12-14-2010, 11:54 PM
This is why men who feel unrequited urges should move to Montana...there are plenty of cuddly wool-softened sheep!

:lol:

Sheep? Not here, buddy. Lots of deer, but you gotta be pretty quick to catch 'em.

rationalfan
12-14-2010, 11:57 PM
all broncos love/football appreciation aside: there is nothing i despise more than rape. if cox is guilty, he deserves the punishment.

Lonestar
12-15-2010, 12:45 AM
Not so sure it was reported late although I have not been able to follow the case closely.

It seemed to me it was reported timely but took the police and das office time to decide to indict. Which is usually the job of a gran jury. They do not meet everyday in smaller cities so. That could be the "timing factor" in itself.

But normally they do not indict "high" profile cases unless there is heavy duty evidence to do so.

Time will tell. I have zero tolerance with rape nor wife beaters. NONE. So if he did it give him the max.
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PAINTERDAVE
12-15-2010, 12:50 AM
all broncos love/football appreciation aside: there is nothing i despise more than rape. if cox is guilty, he deserves the punishment.

And if he is NOT guilty... what?

He gets his reputation back?
He gets to be the same guy he was before the trumped up charges?
He gets to have the respect of the fans?
He gets to feel good about himself again?

I will suspend judgement on the man until he gets a fair trial.

Northman
12-15-2010, 12:56 AM
And if he is NOT guilty... what?

He gets his reputation back?
He gets to be the same guy he was before the trumped up charges?
He gets to have the respect of the fans?
He gets to feel good about himself again?

I will suspend judgement on the man until he gets a fair trial.

Thats why he said IF he is guilty.

Lancane
12-15-2010, 01:28 AM
Sheep? Not here, buddy. Lots of deer, but you gotta be pretty quick to catch 'em.

:lol:

That is just so wrong Frau, just so wrong...

"Mommy, what is daddy doing to Bambi?"

:laugh:

OrangeHoof
12-15-2010, 01:31 AM
So, who did Kobe hire to lawyer up? They used the "nuts and sluts" defense (and really crossed the line outing the chick and her past psychological history meant to poison the jury if it had gone to trial). This does smell a bit like golddigging but I'll withhold judgement until we start to hear evidence. I truly hope it wasn't one of those gang bang things where the girl starts out agreeing to some sort of kinky sex and then realizes she's in way over her head because half the time some moron records the encounter which then becomes evidence and buries the defendant.

frauschieze
12-15-2010, 01:38 AM
Not so sure it was reported late although I have not been able to follow the case closely.


From the article linked in the OP:


The alleged offense occurred Sept. 6 and was reported Oct. 28.

http://sports.espn.go.com/nfl/news/story?id=5920383

Almost two months passed before the incident was reported.

Then it was another month before he was arrested.

frauschieze
12-15-2010, 01:39 AM
:lol:

That is just so wrong Frau, just so wrong...

"Mommy, what is daddy doing to Bambi?"

:laugh:

I'm just sayin'. No cuddly sheep here. :D

Lancane
12-15-2010, 01:51 AM
From the article linked in the OP:



http://sports.espn.go.com/nfl/news/story?id=5920383

Almost two months passed before the incident was reported.

Then it was another month before he was arrested.

The time line is iffy to be honest...did anyone hear if there was an actual medical exam of the victim or at least a rape kit? Is this entirely a he said, she said issue at this point?

soonerjh
12-15-2010, 01:58 AM
http://sports.espn.go.com/nfl/news/story?id=5920383
If this person is a model whose photographs are published on the internet, could she be seeking a large sum of money - just sayin.

not all models are bad Carol, they are mostly looking to get exposure for their work and get paid for it, I do model photography on the weekends and every one of the ones I have worked with are wonderful people, a few are professional, most are just getting started. I am not saying that there couldn't be a bad one out there though, looking to make some quick bucks. I will just have to wait and see as the facts come rolling in to make any kind of judgment.

sneakers
12-15-2010, 02:12 AM
Two years to life is a pretty wide spectrum.

hahhahaa no shit!

UrbanBounca
12-15-2010, 02:40 AM
Depending on what was actually done, I can agree with ~10 years, but life for sexual assault is too much, IMO.
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muse
12-15-2010, 03:54 AM
Apparently this happened the day after Cox got concussed which could play into it as that sort of injury can cause serious behavioural changes. Not that it should completely remove Cox from accountability, but it is a mitigating circumstance.
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frauschieze
12-15-2010, 04:35 AM
Apparently this happened the day after Cox got concussed which could play into it as that sort of injury can cause serious behavioural changes. Not that it should completely remove Cox from accountability, but it is a mitigating circumstance.
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The incident supposedly occurred on September 6th. He was concussed in October.

Joel
12-15-2010, 04:41 AM
she reported it so late because after thinking about it she decided she could get some money.
And you KNOW this because...?

Fact is, rape victims frequently take longer to report it than most victims of other violent crime. They often feel like they should've been able to prevent it even when they rationally know that wasn't possible, which creates shame and guilt. That's before we consider the trauma of the experience and its aftermath, and the shame of having it publicized. Then, of course, there's the knowledge that any court case will try the victim as much as the criminal.

Say whatever you want i will stand beside prerrish untill proven guilty. see this su the type of case that nfl players cannot avoid other than not having sex. when you meet a female and you got money and status. they automatically hope that you chose them. and if you dont plan b is to get a lawsuit. perrish can this girl spent the night getting wasted having sex. perrish never called her ass back after that night. and now she hollerin rape.

this is the type of case that puts the player in a position that he gotta prove he didnt do anything she didnt wanna do. we know they had sex. she knows they had sex. and im sure she wanted to have sex or you dont spend the night getting wasted with random people. now her case is all word of mouth. because we know they had sex. this is exactly what she was thinking. she would go to curt and have nothing to prove. and how is cox suppose to prove unless he recorded it? this is when it gets settled outta court, she gets a pay day and cox gets looked down upon by fans. smh.

some woman are just scandelous. ewwww
I'm with you on "presumed innocent until proven guilty" but that cuts both ways, so before we start speculating this is just some "scandalous woman" out for "a pay day" let's wait until we have all the facts. Two facts we already have are that some people are rapists and some people try to profit from false accusations of rape. We don't which, if either, is the case here so let's not drag anyones name through the mud yet.

I will say that one very easy way for NFL players to avoid false rape charges is to avoid one night stands with girls at parties. There are women eager to lure wealthy celebrities into bed so they profit from false rape charges, but they're too busy chasing easy money to spend weeks or months dating a guy just so they can accuse him of rape if/when they finally have sex. Whether or not Cox is guilty of rape I'm not going to canonize him for getting wasted at a party and having sex with a stranger, especially not if you're correct in your assertion she was after a relationship and he never thought of her again after that night (I didn't realize you were there; what else can you tell us and prosecutors about what happened...? :rolleyes:) Even if they both knew it was a one night stand, that's not and shouldn't be a crime, but spare me the pretensions to nobility on his part; if going to a party with the intent to get wasted and have sex with a stranger makes her "scandalous" it makes him no less so.

Again, that's probably the real lesson for NFL players: Lie down with dogs, wake up with fleas (or crabs). Nothing in the little I've seen on this story even indicates that "we know they had sex". She could've been so wasted that she needed a ride home, he gave it to her, then she was SO wasted that she wandered back outside and coaxed someone else into bed, didn't remember it the next morning and assumed because the last thing she remembers is getting in Coxs car that he had sex with her while she was unconscious. Stuff like that doesn't happen when you spend Saturday night at home watching bad sketch comedy or game tape to prepare for tomorrows game. Or having sober sex with your girlfriend of the past six months. Innocent until proven guilty, yes--BOTH of them. Frankly, I'm hoping this post was just very detailed satire and I missed it (USE those smilies, folks; I can't see your tongue in your cheek when it's all text).

IF he's guilty, especially of raping someone defenseless (e.g. unconscious or restrained) I'm OK with a life sentence given the high degree of rapist recidivism. Rapists don't just lose control of an erection every now and then, they're sexual predators actively seeking targets at least as much to abuse as for sex. I don't preclude the possibility of rehab through therapy and/or drugs, and after a suitably long and incident free sentence one (and ONLY one) second chance is just; if it happens again the rapists resistance to treatment is too strong to again allow him free access to society. Either way, with vigilantes checking their coworkers or neighbors in sexual predator databases across the country life in prison may be kinder than parole. Parolees need to regularly report steady jobs and permanent residences to their parole officers, which the paranoia and hatred sexual predators receive makes nigh impossible. A FL newspaper had an article a few years ago about an entire COMMUNITY of paroled sexual predators living under a bridge because on one would hire or live next door to them. Many had left the state, because as soon as they missed a PO meeting or revealed they didn't have a job/residence it was back to prison. So they just dropped out of the system entirely; now no one knows where many of them are, won't until they rape someone else. If a violent criminal remains a threat he shouldn't be released; if not, he should be free once he's paid his debt. I'm not prepared to say where each and every rapist falls in that spectrum, or even the basis for doing so, but giving someone a ten year sentence then releasing and letting the villagers chase them to the grave with flaming torches is asinine.

Yo, word to ya mutha. :tongue:

Lancane
12-15-2010, 04:48 AM
The incident supposedly occurred on September 6th. He was concussed in October.

So it happened before the end of the Preseason and wasn't reported until eight weeks later? If reported that late, there could have been no exam (all medical facilities would be required to report it) and no rape kit done in the same sense so lack of DNA. Does she have the incident recorded? Yes, sometimes rape victims wait, but then those victims should understand that evidence is likely to have gone cold. Why report it when there is a lesser chance of conviction?

That right there is given me doubts.


Cox, 23, was arrested late Thursday after Lone Tree police received a sexual assault complaint Oct. 28.

Read more: Felony charges revealed against Broncos' Cox - The Denver Post http://www.denverpost.com/broncos/ci_16859218#ixzz18AjY5Rfx
Read The Denver Post's Terms of Use of its content: http://www.denverpost.com/termsofuse

TimTebow15MVP
12-15-2010, 04:57 AM
just another chick lookin for a lawsuit

CHARLIEADAMSFAN
12-15-2010, 09:04 AM
I read somewhere the girl was asleep and he started touching and feeling her and she woke up and he tried to force her to have sex.

Juriga72
12-15-2010, 09:31 AM
So it happened before the end of the Preseason and wasn't reported until eight weeks later? If reported that late, there could have been no exam (all medical facilities would be required to report it) and no rape kit done in the same sense so lack of DNA. Does she have the incident recorded? Yes, sometimes rape victims wait, but then those victims should understand that evidence is likely to have gone cold. Why report it when there is a lesser chance of conviction?

That right there is given me doubts.

You alos understand that a DA will NOT press charges on a case they cannot win right?

So after a month long investigation, the DA presses charges.

THAT gives me chills thinking they have enough to convict.

Denver Native (Carol)
12-15-2010, 01:50 PM
not all models are bad Carol, they are mostly looking to get exposure for their work and get paid for it, I do model photography on the weekends and every one of the ones I have worked with are wonderful people, a few are professional, most are just getting started. I am not saying that there couldn't be a bad one out there though, looking to make some quick bucks. I will just have to wait and see as the facts come rolling in to make any kind of judgment.

No, I did not mean that all models are bad, and like you said, there could be a bad one out there looking to make some quick bucks. It definitely is a "wait and see" situation.

robert ethan
12-15-2010, 02:10 PM
As far as the Broncos are concerned, (which is all that matters as far as we are concerned), it's pretty clear they can't count on Cox going forward. It was the risk when they took him where they did, and I suppose getting a year from him justified the pick. But without Bailey, Smith, Cox, and possibly Goodman, they have to start over again at the position. On the upside, Thompson and Vaughn have both been pleasant surprises.

Dzone
12-15-2010, 02:20 PM
The alleged offense occurred Sept. 6 and was reported Oct. 28.
WTF?????Something is wrong with this picture. It took this woman almost 2 months before reporting the incident????

robert ethan
12-15-2010, 02:24 PM
The alleged offense occurred Sept. 6 and was reported Oct. 28.
WTF?????Something is wrong with this picture. It took this woman almost 2 months before reporting the incident????

That is not uncommon. The initial tendency when something bad happens to you is to try to hide it and not let anyone know it happened.

If it was a frivilous complaint that would have come out in the 6 week long police investigation, I'm sure. The fact that they are proceeding with the case means they think the victim's complaint has STRONG MERIT.

G_Money
12-15-2010, 02:40 PM
But the name matches that of a Denver model whose photographs are published on the Internet and who has appeared in magazines.

In an online posting, she said she was a student in mass communications at the University of Colorado Denver.

The woman was a "model?" Oof. There are plenty of actual models around, but there are also a lot of escort-models. If we get into her being an escort, and them having drinks, and he goes further than was agreed upon...

:tsk:

It's one explanation for why it took her a while to come forward, though. The difference between escort and prostitute in this town is pretty thin, and deciding if you want to go through that - with potentially facing your own charges in doing so - is a tough call.

Lots of facts to come out in this case. There are things he could have done that should send him away for a long time, and there are things that may have happened which would make him a free man.

We'll have to see. Not looking forward to it.

~G

UrbanBounca
12-15-2010, 02:48 PM
The alleged offense occurred Sept. 6 and was reported Oct. 28.
WTF?????Something is wrong with this picture. It took this woman almost 2 months before reporting the incident????

It takes rape victims months, if not years, to report it. They feel ashamed, and they typically don't want to relive it in court. I'm not saying that is the case here, but we have a justice system for a reason.
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Juriga72
12-15-2010, 03:32 PM
It takes rape victims months, if not years, to report it. They feel ashamed, and they typically don't want to relive it in court. I'm not saying that is the case here, but we have a justice system for a reason.
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Which is why many victims do not even report this crime.

http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32306


16% of all victims even report it...... sad. 84% of these people get away with it.

slim
12-15-2010, 03:36 PM
Which is why many victims do not even report this crime.

http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32306


16% of all victims even report it...... sad. 84% of these people get away with it.

If they are not reported, how does anyone know that?

Not trying to be a smart ass, but what is that stat based on?

frauschieze
12-15-2010, 05:50 PM
If they are not reported, how does anyone know that?

Not trying to be a smart ass, but what is that stat based on?

Might depend on what is meant by "reported", but I'd bet it's surveys.

My personal experience has led me to know many women (more than 10) who have been sexually assaulted in some way. Only one "reported" it, in that she spoke to a victim's advocacy program. She didn't press charges though. None of them did. They all felt like they were responsible for putting themselves into a bad situation, so it was their responsibility to bear. And it was embarrassing, and it wasn't something these women wanted everyone to know about, talk about. So they kept quiet.

The numbers seem right to me. Not like I'm an expert or even all that knowledgeable, though. *shrugs*

slim
12-15-2010, 05:57 PM
Might depend on what is meant by "reported", but I'd bet it's surveys.

My personal experience has led me to know many women (more than 10) who have been sexually assaulted in some way. Only one "reported" it, in that she spoke to a victim's advocacy program. She didn't press charges though. None of them did. They all felt like they were responsible for putting themselves into a bad situation, so it was their responsibility to bear. And it was embarrassing, and it wasn't something these women wanted everyone to know about, talk about. So they kept quiet.

The numbers seem right to me. Not like I'm an expert or even all that knowledgeable, though. *shrugs*

Yeah, I don't necessarily think it is an unreasonable number.

Getting that type of data from surveys makes a lot of sense (I didn't think of that). Although, personally, I have never been asked to participate in a sex assault survey :D

Juriga72
12-15-2010, 06:15 PM
If they are not reported, how does anyone know that?

Not trying to be a smart ass, but what is that stat based on?

Each of the studies are shown as "blind safety measures". IIRC

They ask for volunteers to fill out surveys. Of course just like many of those kids who were molested by Catholic Priests.... 30-40 years later the came out of the wood work once THAT sieve broke

Edit.... Fraucheize beat me to it with the answer

nevcraw
12-15-2010, 07:53 PM
just another chick lookin for a lawsuit

Or --

It will dinner time in Prison - They will be serving Cox and sandwiches.. and they ran out of sandwiches.

Cugel
12-15-2010, 08:56 PM
So, does a helpless victim incapable of appraising her own condition = drunk?

Drunk or drugs. Incapable of consent. You don't have to be sober to consent to sex obviously, but you have to be CONSCIOUS. You have to be aware that you are in fact consenting to sex.

This is a gray area. Generally, as we saw with Roethlisberger, unless there's some pretty strong evidence or a particularly vindictive prosecutor you're NOT going to see a felony indictment.

If witnesses saw the girl passed out and then Cox had sex with her, that would pretty much match the description.

Everything depends on your defense lawyer. I have a friend who worked on the defense team that got Kobe off.

He wrote the brief that got the evidence of her recent prior sexual conduct admitted into evidence. THAT made all the difference in the trial.

Kobe could be sitting in prison right now instead of making millions. Cox could soon be too. :coffee:

Cugel
12-15-2010, 09:08 PM
So it happened before the end of the Preseason and wasn't reported until eight weeks later? If reported that late, there could have been no exam (all medical facilities would be required to report it) and no rape kit done in the same sense so lack of DNA. Does she have the incident recorded? Yes, sometimes rape victims wait, but then those victims should understand that evidence is likely to have gone cold. Why report it when there is a lesser chance of conviction?

That right there is given me doubts.

There would be medical evidence if she went to a doctor or emergency room, whether or not she reported a crime immediately. Obviously, there would be evidence problems if she did nothing for 6 or 8 weeks.

But, in that case, you have to wonder why prosecutors are filing felony charges. A good defense lawyer would make mincemeat of that case unless there's some hard evidence.

I would imagine they have SOME testimony or eyewitness accounts or SOMETHING to go on before they file felony charges.

The only other possibility is that the DA is just one of those arrogant posturing ******** I've run into in court from time to time. There ARE such scum, unfortunately.

One told my partner that "no jury" in Arapahoe county would believe a black defendant over a white police office. He was rather surprised with the verdict.

But, the same guy, years later then insisted on prosecuting a felony assault with a deadly weapon case against a client of mine when the victim (male) REFUSED to testify. He said "I don't care if the victim testifies or not. I prosecute these cases all the time just using a police report!" (The police weren't witnesses -- they arrived much later).

scott.475
12-15-2010, 10:27 PM
If something like restraint was used, I feel pretty comfortable there would also be charges along the lines of kidnapping or unlawful imprisonment. I doubt the sexual assault charge alone would also cover those, so I am presuming they are talking about a victim who was simply not able to consent or refuse to the sexual activity. I imagine she was either unconscious or so drunk as to be not in control of her faculties.

Regarding the victim being a money grabber, it is possible, but where is the lawsuit? Has she launched one that we don't know about? I am not there in Colorado, so you locals need to let me know if her or a legal team on her behalf has come out to sue. I have not seen her come out of the shadows yet, which makes me think this is a legitimate case and not just a grab for money. Also, remember the Duke lacrosse players? That whole debacle has really made prosecutors across the country, I think, be sure they take extra precautions when dealing with high profile rape cases. I have to believe the DA here has vetted the victim pretty well.

Regarding stats on unreported rapes, these studies can be done anonymously any number of ways: on college campuses, by doctors during exams of women, etc, etc. There are plenty of ways to do it, not always statistically sound, but there are ways.

Why don't women report them? I haven't got a clue, I am not a woman so I have no idea what it would be like. Similarly, I don't understand why mastectomies are such a big deal emotionally to women. I understand, obviously, breasts being associated with womanhood, but personally, I fell like if I get cancer and the docs can cut it out, just cut it out. But, just because I don't understand it as a man does not mean it is wrong for women to feel that way, it is just that as a man I could NEVER understand what it is like to be a woman facing a mastectomy.

I have to say that when my Mom was 16 years old she was fairly violently raped by a stranger, I mean jumped, knocked around, dragged down an alley and raped, and she never reported it. Why? I don't know, but it is not my place to say she was either right or wrong over it.

Finally, it is absolutely possible the victim could still have evidence 6 or 8 weeks later. Now, no evidence in or on her that would have been found immediately during a rape kit at the hospital, but there could be biological fluid on clothing, in underwear, in/on a discarded condom, etc. Would not be the first time a victim held evidence while debating with herself whether to report the crime or not. Not ideal from a prosecution standpoint by any means, but could, and has, happened.

An aside, but I had the displeasure of seeing some of the clips from that DuPont heir scumbag that would drug women then record his rapes of them. It was truly stomach turning and sick to watch that guy getting off on having sex with, essentially, a corpse. How ANY man could get his jollies by doing that is so far beyond my ability to understand, I can't even put it into words. If that is what Cox did, then yes, life would be fine with me.

Joel
12-16-2010, 10:44 AM
There would be medical evidence if she went to a doctor or emergency room, whether or not she reported a crime immediately. Obviously, there would be evidence problems if she did nothing for 6 or 8 weeks.

But, in that case, you have to wonder why prosecutors are filing felony charges. A good defense lawyer would make mincemeat of that case unless there's some hard evidence.

I would imagine they have SOME testimony or eyewitness accounts or SOMETHING to go on before they file felony charges.

The only other possibility is that the DA is just one of those arrogant posturing ******** I've run into in court from time to time. There ARE such scum, unfortunately.

One told my partner that "no jury" in Arapahoe county would believe a black defendant over a white police office. He was rather surprised with the verdict.

But, the same guy, years later then insisted on prosecuting a felony assault with a deadly weapon case against a client of mine when the victim (male) REFUSED to testify. He said "I don't care if the victim testifies or not. I prosecute these cases all the time just using a police report!" (The police weren't witnesses -- they arrived much later).
Most people have a skewed view of prosecutors, IMHO, and I can likely be included among "most people". My view seems atypical of people who aren't defense attorneys or criminals (yes, Virginia, there IS a difference, even if a lot of folks don't realize it until/unless wrongfully accused of a crime). It too often does seem to depend on whom you are, where you live and your annual income more than the actual facts. I get the impression most people buy into the "if you have nothing to hide you have nothing to fear" and "cops don't arrest innocent people" philosophies that sound a lot better than they actually work. Of course, that goes out the window when it's someone you like or need; then prosecuting them is a travesty and a horrible miscarriage of justice. :rolleyes:

The bottom line is that if defense attorneys are paid to get people acquitted, prosecutors are paid to convict them; to the extent guilt/innocence takes a back seat to that for one it does for the other. Nine times out of ten when you see a plea bargain it's because a prosecutor knew he couldn't prove a stronger charge and decided to salvage a conviction for SOMETHING. It may not be justice, but it keeps the ol' conviction percentage high. ;) We can sneer at defense attorneys who pursue those deals, but if we do we should sneer just as much at the prosecutors who offer them; in the final analysis a defendant can only take a deal once it's offered. Part of that means that, as you and others note, if there were no case here the prosecution probably wouldn't touch it. High profile cases with lots of media attention are a great way for assistant DAs to pump their legal and often their political careers--IF they win, otherwise it's a costly and highly public FAILURE that earns the disapproval of superiors and voters alike.

I just know too many horror stories to prejudge any case: Let the jury decide, because they're the only ones who (theoretically... ) have access to all the facts. Any accused criminal will have to be arraigned before it even goes that far, and that will tell us very quickly if there's any case worth pursuing, if not whether it can be proven. I'm not saying Cox did or didn't do it, all I'm saying is that we should wait until all the facts are in before condemning him OR his accuser. Speculation that "if x happened s/he would've done y" is just that: Speculation. We don't and can't know what happened, so let's wait until that changes before rushing to any judgement. Which is actually my beef with League decisions to penalize people acquitted of crimes, and I wonder how long it will be before a player files a libel suit after fines or missed games because of a criminal charge of which they were acquitted. OTOH, since the new "zero tolerance" League isn't above talking prosecutors into letting someone accused of running guns travel cross country for a Super Bowl, it may not be an issue because, once again, it seems to often depend more on whom you are than what you did or didn't do.

Cugel
12-16-2010, 11:54 AM
The bottom line is that if defense attorneys are paid to get people acquitted, prosecutors are paid to convict them; to the extent guilt/innocence takes a back seat to that for one it does for the other.

The system of justice is a SYSTEM. And it's not remotely fair. You see a judge who refuses to harshly sentence a white collar criminal for financial fraud to hard jail time because it might "hurt his earning potential." The same judge has no problem sentencing someone to 15 years for drug possession charges. Who did more damage to society? They guy whose fraud destroyed the life savings of hundreds of thousands? Or the guy who's got 2 ounces of cocaine?


Nine times out of ten when you see a plea bargain it's because a prosecutor knew he couldn't prove a stronger charge and decided to salvage a conviction for SOMETHING. It may not be justice, but it keeps the ol' conviction percentage high.

I've had prosecutors tell me that they couldn't make a deal "because the department has a policy." Forget justice in any individual case -- it's a DA bureaucracy. Pound all the square pegs into the same round hole. Because that is a lot easier to explain to voters and legislators. So at times whether the defense counsel can get a deal becomes entirely arbitrary and depends on where in the machinery the case is.

Just like everything else in this society, "justice" becomes more and more abstract and inhuman and further and further divorced from common sense reality. It becomes like a badly functioning machine that grinds over human life, victim and criminals alike.


We can sneer at defense attorneys who pursue those deals, but if we do we should sneer just as much at the prosecutors who offer them; in the final analysis a defendant can only take a deal once it's offered. Part of that means that, as you and others note, if there were no case here the prosecution probably wouldn't touch it. High profile cases with lots of media attention are a great way for assistant DAs to pump their legal and often their political careers--IF they win, otherwise it's a costly and highly public FAILURE that earns the disapproval of superiors and voters alike.

REALITY: Prosecutors simply don't have the resources to prosecute all the cases they handle. Not even remotely. That's why they pursue plea-bargains. Because it saves department resources for the cases they DO want to prosecute, either because the facts warrant their intervention or because they have a "policy" of always prosecuting those particular cases. (Sometimes this is justified as in the case of sex offenses against children).

I don't practice in this area any more because it's rather revolting. My former partner and mentor really believed in the jury trial system as potentially the greatest invention of our society. He loved it and felt at home there. It's too hard to see it in that light today though. :coffee:

Denver Native (Carol)
12-16-2010, 04:48 PM
CASTLE ROCK — A Douglas County judge today denied a request by The Denver Post to unseal the arrest affidavit in the Perrish Cox sexual assault case.

Judge Susanna Meisnner-Cutler agreed that the prosecution and defense need more time to study the evidence against the Denver Broncos cornerback before making the case file public.

"The court at this time believes the affidavit should remain sealed," Meissner-Cutler said.

The affidavit contains the evidence that led to Cox's arrest, as well as the details of the sex assault charges against him.

Meissner-Cutler did rule that the complaint filed by the district attorney's office should be available to the public, but with the name of the alleged victim redacted.

full article - http://www.denverpost.com/news/ci_16876325

BroncoStud
12-16-2010, 05:30 PM
full article - http://www.denverpost.com/news/ci_16876325

Jay Cutler is a judge?

Denver Native (Carol)
12-16-2010, 11:47 PM
CASTLE ROCK — An alleged sexual assault that led to charges against Denver Bronco Perrish Cox happened on Labor Day, Sept. 6, then was reported to police almost eight weeks later.

That's according to the criminal complaint ordered released Thursday by Douglas County Judge Susanna Meisnner-Cutler.

The complaint said that the alleged sexual assault happened on or about Sept. 6. Lone Tree police said they received a complaint from the alleged victim for the first time on Oct. 28.

full article - http://www.denverpost.com/news/ci_16876325

It happened on or about - not even sure of the exact date??????:confused:

Lancane
12-17-2010, 12:10 AM
full article - http://www.denverpost.com/news/ci_16876325

It happened on or about - not even sure of the exact date??????:confused:

Unfortunately for now, we'll all have to sit and wait for the bits and pieces of the story to leak out or for the file to be unsealed. Something tells me that this trial will be closed by order of the judge since the case could indeed revolve around two public figures; if it turns out that she is in fact the model that the media mentioned had the same name.

There are too many unknowns, but then again the time frame in reporting the crime, an open date of the offense in question. Which makes it sound as if the prosecution lacks credible witnesses, or was everyone so shitfaced that they couldn't remember the date of such a heinous crime? That is something that most people wouldn't just forget, including the alleged victim. It's sounding more and more like a 'He said, She said' case or in my opinion at least. Plus if you look at the time evaluation for the District Attorney's office, it was reported on the 28th, not even two weeks later Cox is arrested and being charged, with the charges already up...so either the prosecutor is trying to get a conviction based on little evidence and witness statements or the evidence was so apparent that they were ready to go forth sooner then usually needed.

frauschieze
12-17-2010, 01:20 AM
The phrase "on or about" in reference to the date of an alleged crime is standard legalese. Means absolutely nothing in regards to the legitimacy of the reported offense. Don't get caught up in that.