'Rape possible only if victim is willing'

December 15, 2012

usflagSantaana (California), December 15: A Southern California judge is being publicly admonished for saying a rape victim "didn't put up a fight" during her assault and that if someone doesn't want sexual intercourse, the body "will not permit that to happen".

The California commission on judicial performance voted 10-0 to impose a public admonishment on Thursday, saying superior court judge Derek Johnson's comments were inappropriate and a breach of judicial ethics.

Johnson made the comments in the case of a man who threatened to mutilate the face and genitals of his ex-girlfriend with a heated screwdriver and beat her with a metal baton before committing rape, forced oral copulation, and other crimes. Though the woman reported the criminal threats the next day, she did not report the rape until 17 days later.

"I'm not a gynaecologist, but I can tell you something: If someone doesn't want to have sexual intercourse, the body shuts down. The body will not permit that to happen unless a lot of damage is inflicted, and we heard nothing about that in this case," Johnson said.

In an apology to the commission, Johnson said his comments on the case were inappropriate and were the result of his frustration during an argument with a prosecutor over the defendant's sentence.



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Agencies
February 23,2020

Washington, Feb 23: U.S. president Donald Trump on Saturday said he was looking forward to being with his "great friends" in India next week as he retweeted a short video in which his face was superimposed on the hit movie-character Bahubali, showing the president as a great saviour bringing peace to his kingdom.

Trump will pay a state visit to India on February 24 and 25, accompanied by a high-level delegation including first lady Melania Trump, his daughter Ivanka, son-in-law Jared Kushner and a galaxy of top American officials.

"Look so forward to being with my great friends India!" Trump said in the tweet.

Along with the tweet, Trump retweeted an 81-second video by a Twitter account identified as "Sol" with the handle Solmemes1.

"To celebrate Trump's visit to India I wanted to make a video to show how in my warped mind it will go... USA and India united!" the handle Solmemes1 tweeted in the original post with the video.

Trump appears as a great saviour, in the short animated clip, riding on a chariot with Melania. A few stills later, Trump is seen riding a horse carrying on his shoulders his son Donald Jr and daughter Ivanka.

Later, he is welcomed by Narendra Modi in a village setting. Hundreds and thousands of people are seen welcoming Trump in the video.

"This week Trump will visit India and in celebration I have created a new meme for the occasion... You few, who are my patrons, get to see it first!" Sol told viewers on subscription content service Patreon on Saturday. A few hours later, Trump retweeted the video.

In the Twitter description, Sol describes herself as "award winning master memetician, professor of memology at University of GFY, my views are my own and not associated with real life."

The Trump-Bahubali video, which ends with "USA and India United", went viral after Trump retweeted it. In a few hours, it was seen by nearly 6 lakh people.

Sol in one of her previous posts, dated January 23, writes she was inspired by a video of Bahubali sent to her by a friend, which is the story of 'good defeating evil.'

This inspired Sol to create her first Bahubali-theme meme. The video, lasting 93 seconds, is titled "Jiyo Re Baahu Trump", in which the first lady is seen wearing a saree. "Jiyo Re Bahubali," is the theme song of the video.

"I just loved this video when I saw it! A friend sent it to me and he told me that it is the story of good defeating evil... it was so fitting I had to make it (meme)..." Sol wrote in her post.

Sol's posts show that she is an admirer of Trump. Sol's January 23 video was released at the peak of Trump's impeachment proceedings.

Trump is seen being greeted by an elephant, which bears the logo of the Republican Party.

Towards the end of the video, Trump is seen riding the elephant, and putting on fire the effigy of "Raavan" marked as "D" in a big circle representing the opposition Democratic Party.

An arrow is given by warrior Narendra Modi to the First Lady, who then passes it on to Trump, before he lights the effigy.

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Agencies
February 12,2020

London, Feb 12: Fugitive liquor baron Vijay Mallya returned to the courtroom here on Wednesday, the second day of hearing at the UK High Court, where the former billionaire has appealed against the extradition decision of Westminster Magistrates Court in December 2018.

On being asked about his expectations from the lengthy appeals process against the extradition order as today is the last day for Mallya to present his defence, the embattled former Kingfisher Airlines boss replied, "I have no clue. You see. I'll also see it. Let's not get into a speculative game."

When asked on what would happen if Mallya loses the case and has to return to India, the liquor baron responded: "We do have arguments."

The UK High Court, on Tuesday, had also heard Mallya's appeal against the Westminster Magistrates' Court order extraditing him to India to face alleged fraud and money laundering charges amounting to Rs 9,000 crore.

Mallya was present in the court along with his counsel Clare Montgomery during the hearing. Officials from Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) along with counsel Mark Summers representing the Indian government were also present.

When the judge asked if there was a timeline in the case, Clare said," This is a very dense case," involving multiple individuals and organisations and that not everything had been taken into account by the magistrate Emma Arbuthnot in her ruling against Mallya.

Montgomery contended that the magistrate's ruling had been riddled with "multiple errors". She also brought into question the admissibility of documents submitted by the Indian government - including witness statements and emails that proved crucial in the ruling by judge Arbuthnot, who found "clear evidence of misapplication of loan funds" and that there was a prima facie case of fraud against Mallya.

As she had done throughout the trial, Montgomery continued to assert that Mallya had not acted in a fraudulent manner or run a pyramid and that the collapse of Kingfisher Airlines was, in fact, the failure of a business in difficult economic circumstances.

She also reiterated concerns about the conduct of the Central Bureau of Investigation (CBI) in bringing charges against Mallya, claiming that the tycoon had been made a scapegoat.

Montgomery also stated that the Indian government had presented the loan taken out by Kingfisher Airlines, not as a simple business loan but was part of a larger and elaborate attempt at defrauding the banks by Mallya and Kingfisher Airlines management.

This, Montgomery contended, was but one example of a wider misinterpretation of the case by judge Arbuthnot.

The High Court justices reprimanded Montgomery for concentrating on the evidence - in essence rehashing the case presented at the lower court - rather than the apparent "mistakes" made by judge Arbuthnot in her ruling.

Mallya remains on bail of £650,000 as he has done throughout this legal process.

The Crown Prosecution Service which is representing the Government of India will present its case for the extradition of Mallya on Wednesday.

The 63-year-old businessman fled India in March 2016 and has been living in the UK since then.

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Agencies
February 29,2020

Islamabad, Feb 29: A coalition comprising digital media giants Facebook, Google and Twitter (among others) have spoken out against the new regulations approved by the Pakistani government for social media, threatening to suspend services in the country if the rules were not revised, it was reported.

In a letter to Prime Minster Imran Khan earlier this month, the Asia Internet Coalition (AIC) called on his government to revise the new sets of rules and regulations for social media, The News International reported on Friday.

"The rules as currently written would make it extremely difficult for AIC Members to make their services available to Pakistani users and businesses," reads the letter, referring to the Citizens Protection Rules (Against Online Harm).

The new set of regulations makes it compulsory for social media companies to open offices in Islamabad, build data servers to store information and take down content upon identification by authorities.

Failure to comply with the authorities in Pakistan will result in heavy fines and possible termination of services.

It said that the regulations were causing "international companies to re-evaluate their view of the regulatory environment in Pakistan, and their willingness to operate in the country".

Referring to the rules as "vague and arbitrary in nature", the AIC said that it was forcing them to go against established norms of user privacy and freedom of expression.

"We are not against regulation of social media, and we acknowledge that Pakistan already has an extensive legislative framework governing online content. However, these Rules fail to address crucial issues such as internationally recognized rights to individual expression and privacy," The News International quoted the letter as saying.

According to the law, authorities will be able to take action against Pakistanis found guilty of targeting state institutions at home and abroad on social media.

The law will also help the law enforcement authorities obtain access to data of accounts found involved in suspicious activities.

It would be the said authority's prerogative to identify objectionable content to the social media platforms to be taken down.

In case of failure to comply within 15 days, it would have the power to suspend their services or impose a fine worth up to 500 million Pakistani rupees ($3 million).

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