July 22, 2009
The “Big Ben” Backlash
Ben Roethlisberger has been one of my favorite football players through the years, like when he's on my fantasy team and putting up killer numbers or when I'm playing against someone who has him and he's having a rough game, for example. When I opened up a news website the other day and saw that a woman has filed a civil suit against him claiming sexual assault, I was completely shocked. Other players in the NFL? Maybe I could see it, but with him, I guess I'm having a hard time.
Part of my problem with it is that the woman waited a year to file a lawsuit and she didn't previously file criminal charges. I have a very strong feeling the case will be settled discreetly to quiet it, or completely thrown out of court because without evidence, and after a year? That's a seriously long time to wait. Plus, because of who he is, it is easy to think that the woman is just out to get money.
Articles have said that she didn't file criminal charges because she feared she'd be fired. If it was me and it really did happen? I would have filed criminal charges, and let Harrah's fire me if they dared. Then sue them for false termination.
I've read various articles about it and some claim that the woman was hospitalized for depression during the past year. Maybe she's just now strong enough to go after her alleged attacker. But even with a background as a sexual assault educator while in college and being a strong advocate for women's rights, the fact that it's a civil case and that she waited so long is giving me some serious pause.
Then again, what woman would want to subject herself to the public scrutiny of making these claims if they weren't true? If you search long enough, there are certain celebrity blogs (and news outlets like the one linked above) that have already published her name, multiple pictures of her, and other identifying information about her. If you think that's bad, you should read some of the comments under the articles about her pictures. I truly hope it didn't happen; but if it did, then I hope she's prepared for the ugliness that's already circulating on the internet because if there's one thing that's for sure, when a celebrity like "Big Ben" is accused of something like this, the backlash against the accuser is going to be massive.
What do you think about the civil case against Ben?
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I think that I’m not going to judge her for waiting a year because yes, what if she had gotten fired? Or what if it took her counseling with friends/her deity/whatever to be brave enough to come forth about this?
I realize that a lot of women do it for the money but not every woman does and it’s this exact mentality (that they are faking) that makes it so difficult for women TO come forward.
I hope it didn’t happen and she’s just a money seeker…but if it did, I hope she gets whatever will help her sleep better at night.
I realize that after sexual assaults, many women dont think rationally. But if all women who were assaulted at least went to the hospital, they could then decide later whether or not to press charges and there wouldnt be this doubt and he said/she said stuff because there would be physical evidence. Plus, can you imagine the backlash that Harrahs would have experienced if it did happen, she reported it and they fired her? Talk about some seriously negative press for a major business.
Personally, money wouldnt make me feel better. Seeing the person who did it locked up would be a lot more satisfying for me. (I know this isnt how everyone feels.)
If he did it, I hope he pays for it, but in my personal opinion, Id rather see attackers pay with something other than their wallets. Going after someone civilly without filing charges though, just doesnt look good, no matter how you look at it.
I agree that seeing a person locked up for this type of crime along with money to cover expenses is far better than only going after just a large sum of money. Because if someone is only going after money, doesn’t that basically make them a prostitute and the court that awards the money their pimp? That’s essentially what she is saying isn’t it? “You raped me, but as long as you pay me for my services we’re even.”
Eric,
In the world of high dollar defense, civil claims require a preponderance of evidence versus a criminal case’s requirement to prove their case BEYOND a REASONABLE doubt. Criminal cases have far more constitutional requirements to contend with that civil cases do not. So, with regard to high dollar defenses, with the right attorney, on a case such as this, it would be very hard to prove beyond a reasonable doubt- hence the civil approach.
Following a civil approach, since there is no possibility of criminal punishment, there are only punitive damages- therefore the more severe the assessment, the harsher the sentence. So no, the court is not a pimp and the plaintiff is not a prostitute. It is simply, our legal system in action.
Regards,
Robert
It’s hard for me to judge from such a distance, and final judgment should wait until after all of the evidence is revealed. Because this happened in a casino, there might well be video footage of her arriving at and departing his room, which could help determine how the events in his room affected her at the time.
While I can’t imagine the severity of the combination of pain, terror, shame and other feelings that a woman could feel in that situation, I can imagine that those would be enough to keep her from going public with her claim. In many cases, ones in which there won’t be nearly the level of public scrutiny this one will have, women never come forward to avoid reliving the event or the feelings that doing so brings up. Even if I had walked a mile in her moccasins, I can’t bring myself to judge her actions, or delay before taking action.
As for the civil case, it might be that the statute of limitations had run out or that there’s a lower burden of proof in the civil courts. I don’t know enough about Nevada law to hazard a guess as to her reasoning for pursuing a civil claim.
Its four years for criminal charges in her state before the statute of limitations runs out.
Hmm, I never really thought of it that way. I guess I can understand her wanting her legal and possibly hospital bills paid, but theres still the issue of no criminal charges or case. Thats what bothers me. Since the statute hasnt run out, then why not pursue it that way which would definitely lend more credibility to her claim as well. Im anxious to see what else comes out about it.
I wasn’t touching this subject on my blog with a ten foot pole. 😉 Don’t know what to say. I love Big Ben and all the good work he does in my city. I’d hate to think he was this stupid, but power does crazy things to people (like ride a motorcycle without a helmet-moron!). Who knows what the truth is and the fact of the matter is this…the only three people who know what really happened is him, her, and the good Lord above…
Probably because it would be impossible without physical evidence (of some sort) to prove his guilt, in a criminal case, beyond a reasonable doubt. Which is why the civil approach exists.
Do I think it happened? I do not know, I have not seen any evidence one way or another. Do I personally know Mr. Roethlisberger’s character or the character of Ms. McNulty. I cannot impung eithe- though on the surface, I would have to admit that I may be influenced by Mr. Roethlisberger’s public personna. Whether that is correct or incorrect, that is human nature.
Human nature also can discount the existence of physical evidence, whether it be blood, a glove or other items.
Interesting-
Is she suing him? I guess I missed something, haha. I just thought she was accusing him to get him put into jail.
She has filed no criminal charges, only civil charges for money.
After the OJ trial, no one really has the excuse to just go civil and not add the criminal also. They lost the criminal case, but were well rewarded civilly. Isn’t that correct? (I was just a teen then and didn’t care about the news)
Yes, youre right.
After the OJ trial, no one really has the excuse to just go civil and not add the criminal also. They lost the criminal case, but were well rewarded civilly. Isnt that correct? (I was just a teen then and didnt care about the news)
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Hmmm. First instinct is to call her a gold digger. Second instinct given my own experiences…um, well, shit. I did not go criminal. Lots of extraneous crap at 19 that I really could not sort out.
Sometimes people need someone to blame, too for the other stuff that happens in life. She seems to be that kind of attention getter. If I had mine to do over and could rectify it, I would have gone full bore but that is 26 years of growth added on. I didn’t and that’s fine as the effects I carry are only that I was not the virginal bride. End of story.
Guilty…pay.
Lie, and be damned with the consequences of that.