I have to agree with you... Evidence was considered. It was considered to be insufficient to even prosecute...therefore he is innocent like it or not... calling her a liar without proof that she lied is not right though either.
That is where these cases get complicated... Innocent until proven guilty is the only way to prevent these things into becoming Salem witch hunts. If the burden of proof was on the accused women could get away with lying and ruining someones life. For instance... she got drunk... dropped her panties... sobered up and felt like a columbus whore..... every one knew she whored herself out but no one saw what happened behind closed doors so in order to save face she accuses the guy of rape and because he can't prove he's innocent he's a liar... thats not right and that is why the burden of proof is on the acuser and the prosecution...
lots of times it works the other way around but the potential for accusations getting out of hand and turning into witch hunts is far greater with a guilty until proven innocent attitude and this is why its done the way it is...
Since the girls and her family went to the media and made this a media story, I would like there identities to be known to the public since charges were now dropped, just like Montero's was spread across the newspapers without any charges.
I guess Montero is over the "flu" now.
Shows that one shouldn't declare him guilty unless it is proven.
Atheletes get accused all the time. Sometimes it is just someone out for some cash.
MLS is a tough, physical league, that emphasizes speed, and features plastic fields, grueling travel, extreme weather, and incompetent refs. - NK Toronto
Montero is absolutely innocent until he's charged and found guilty. Let's not forget he was never even arrested. The girl, welll she's innocent too, unless she's arrested/charged and found guilty later on.
I won't even comment on whether she lied or not, it's not like any of us would know.
No, that's not the way it works. I mean, I understand how you can believe that, with a simple logical exercise:
If A(Montero did not rape her) then B(She lied)
In our system of law, A must be assumed until proven otherwise
Therefore B must also be assumed
But let's take a much worse scenario, and apply it to the same rule of law. 3 men are in a house, man A, B, and C. Man C is brutally murdered. There is no way anyone other than man A or B did it. In our system of law this is what it looks like:
If not A, than B
If not B, than A
Not A must be assumed (innocent until proven otherwise)
Therefore, B
But, at the same time, not B must be assumed
Therefore, A
So, essentially, you can have two people, in an either/or situation, and have to assume both are innocent.
Of course, if Montero wanted to (I'm not sure of the appropriate laws here) he might be able to bring a suit against the girl. If he could prove, beyond a shadow of a doubt, that she was lying, he might be able to collect damages for defamation (since the girl went to the press, and Montero could justly argue that her statements have, or will impact his future earnings). Of course, he would need to prove her specific statements to be untruthful, which may be difficult. In that situation, people would be right to label her a lying _____.
But, in the absense of such a suit, both must be considered innocent of wrong doing, as silly as that sounds.
Seattle news suggests that the club lied about why he stayed back when the team played in T.O.:
http://www.seattlepi.com/local/40516...ecutors15.htmlOn the day of his arrest, police asked that Montero voluntarily surrender his passport as a sign of "good faith" that he wouldn't flee during the investigation, according to a Bellevue police. That prevented him from traveling with the team to Canada for its April 4 game in Toronto. The club repeatedly said the reason he missed the trip was solely due to illness.
MLS is a tough, physical league, that emphasizes speed, and features plastic fields, grueling travel, extreme weather, and incompetent refs. - NK Toronto
If that happened, genuine rape victims would be more afraid to report their ordeals to the police, on the risk that a failed prosecution would automatically make them into the villains.
The better solution is to make it illegal to report the names and identities of people accused of sexual assaults, prior to their conviction.
That's pretty ignorant. You have no idea whether she was lying. In fact, all we know is that he was accused of something but wasn't charged.
That doesn't equate to innocence or guilt on either party, it equates to 'we don't know, so should shut the fuck up with the judgments.'