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Josh McNary charged with rape (Merge)


jskinnz

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Due process pertains to legal protections in criminal proceedings. Neither the Colts, nor the NFL, nor the fans, are obligated to extend a presumption of innocence to anyone in any situation.

Right but even if the guy is innocent he's being branded a rapist and his life would probably never be the same after this. Media can't put away a man but they can certainly ruin a life.
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Due process pertains to legal protections in criminal proceedings. Neither the Colts, nor the NFL, nor the fans, are obligated to extend a presumption of innocence to anyone in any situation.

No they are not obligated, but it sure would be nice.

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If he is found to be exonerated, congrats

 

That's what I hope happens. And not just having the case thrown out due to a lack of evidence. I hope the charges are dropped, the woman retracts her accusation and admits she was lying, the prosecutors issue an apology, etc. If he didn't do anything wrong, I hope his name is cleared. And I'd gladly and happily admit how wrong I was for saying the team should release him.

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I'm digging into it. I think you posted the wrong portion, but I think you're right. Check this out:

 

 

I don't know if that's automatic, but it's definitely an option that still exists. It might be close to automatic.

 

And correct me if I'm wrong, but the exempt list frees up the roster spot for the team, right?

 

I think the player is lifted from active list when placed on exempt list.  So yes, would open a roster spot.

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Right but even if the guy is innocent he's being branded a rapist and his life would probably never be the same after this. Media can't put away a man but they can certainly ruin a life.

 

No they are not obligated, but it sure would be nice.

 

I can only speak for myself in this case. It appears that he hid this from the team for a month and a half. That's not the look of a person who is innocent. That a relatively long investigation has culminated in him being charged does not bode well for him.

 

But as I just said, I hope he is, and I hope he's fully exonerated. 

 

I'm just saying, public reactions are not subject to the presumption of innocence. And the team and the league can extend whatever presumptions they deem appropriate, but they are not required to. So, in response to the post earlier, all I'm saying is that it's not like his rights are being violated.

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You and i both know there are women out there who would sleep with a guy just because he's a pro football player. That's what he meant. You may not like it, but it's true regardless.

You missed the point.

He claimed McNary shouldn't "have" to rape anyone since, as a football player, he can easily get sex. And you're defending him. Unbelievable.

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Right but even if the guy is innocent he's being branded a rapist and his life would probably never be the same after this. Media can't put away a man but they can certainly ruin a life.

 

He can't be prove innocent, just not guilty at this point.  And his (alleged) actions are just alleged.  But if he is found not guilty, it is just as good as innocence due to Double Jeopardy.

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He can't be prove innocent, just not guilty at this point. And his (alleged) actions are just alleged. But if he is found not guilty, it is just as good as innocence due to Double Jeopardy.

Yep

Actually they could drop the charges and then re charge him later. Only if it goes before a trial and he found not guilty will double jeopardy come into play.

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Actually they could drop the charges and then re charge him later. Only if it goes before a trial and he found not guilty will double jeopardy come into play.

 

Only with new evidence though, right?

 

I mean, at that point, it's hard not to form an opinion about the situation, you know? That's why the presumption of innocence only applies to how he's treated by the legal system. 

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Only with new evidence though, right?

I mean, at that point, it's hard not to form an opinion about the situation, you know? That's why the presumption of innocence only applies to how he's treated by the legal system.

Correct. Let's say for sake of argument, it's he said she said, no forensic evidence and her story is full of holes, they may drop the charges which allows them time to find any potential witnesses or even other evidence or they can't find anything and they drop it. Now fast forward 6 months and suddenly a cell phone video pops up of him drugging her drink or something along those lines. They can recharge him and throw in more charges.

Again, this is a made up scenario and just an example. There's other reasons they can do it as well. Granted I'm not an attorney and just know the law from what I've seen while on the investigation side of things. Plus military law is a tad different than civilian law. But concepts are very similar.

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women are raped in the military all the time. Let's get real

Unfortunately you are correct. And a rising number of men are being raped and cohersed into sexual situations more and more as well. I wish we could do more to stop it but we do have our bad apples as well.

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Correct. Let's say for sake of argument, it's he said she said, no forensic evidence and her story is full of holes, they may drop the charges which allows them time to find any potential witnesses or even other evidence or they can't find anything and they drop it. Now fast forward 6 months and suddenly a cell phone video pops up of him drugging her drink or something along those lines. They can recharge him and throw in more charges.

Again, this is a made up scenario and just an example. There's other reasons they can do it as well. Granted I'm not an attorney and just know the law from what I've seen while on the investigation side of things. Plus military law is a tad different than civilian law. But concepts are very similar.

 

Taking your made up scenario, it's hard to see how anything unfair would have happened to McNary in that case. 

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women are raped in the military all the time. Let's get real

Yes they are but does that mean most military personell are law breakers ? Lets get real , I had the priviledge  of guarding those folks In a Marine Prison before they were sent on to Leavenworth , to insinuate most Service men are like this or women are lawbreakers is wrong that's whats real ! Respect Servicemen and Vets ! If you think in someway im defending JM your sadly mistaken. It probably is much less per capata than general public.

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Has anyone else taken the time to read the police report, all 15 pages.... as someone who's trained in investigations, I must first commend the detective for a very thorough job.

However, 2 things pop out at me.

1st. Mc Nary is said to have preserved all the bedding and clothing in question.

2nd. This 2nd white male thats listed in the report as being present during this time. His occupation stands out to me. A Talent casting agent. Now I'm going to speculate but I am looking this agency up to see what type of talent they deal with. It could be he was trying to coherse her with some acting or modeling career or it could be this man is a porn producer and they tried to get her to have sex for that reason. Either way, the presence of a talent agent is intriguing to me and I'd want dig deeper into that.

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Yes they are but does that mean most military personell are law breakers ? Lets get real , I had the priviledge  of guarding those folks In a Marine Prison before they were sent on to Leavenworth , to insinuate most Service men are like this or women are lawbreakers is wrong that's whats real ! Respect Servicemen and Vets ! If you think in someway im defending JM your sadly mistaken. It probably is much less per capata than general public.

 

To the bolded, of course not. And no one said that.

 

I understand that you didn't like the sloppy insinuation that was made. I don't blame you there. But no one really suggested anything about most military.

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Has anyone else taken the time to read the police report, all 15 pages.... as someone who's trained in investigations, I must first commend the detective for a very thorough job.

However, 2 things pop out at me.

1st. Mc Nary is said to have preserved all the bedding and clothing in question.

2nd. This 2nd white male thats listed in the report as being present during this time. His occupation stands out to me. A Talent casting agent. Now I'm going to speculate but I am looking this agency up to see what type of talent they deal with. It could be he was trying to coherse her with some acting or modeling career or it could be this man is a porn producer and they tried to get her to have sex for that reason. Either way, the presence of a talent agent is intriguing to me and I'd want dig deeper into that.

Very Strange
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