'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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News Network
May 12,2020

May 12: Several Indians in the US, either on the H-1B work visa or Green Card having children who are American citizens by birth, are being prevented from travelling to India aboard the special repatriation flights being run by Air India amidst the coronavirus-linked global travel restrictions.

According to the regulations issued by the Indian government last month and updated last week, visas of foreign nationals and OCI cards, that provide visa-free travel privileges to the people of Indian-origin, have been suspended as part of the new international travel restrictions.

For some of the Indian citizens like the Pandey couple in New Jersey (name and place changed at request), it's a double whammy. Having lost their H-1B job, they have to go back to India within the stipulated 60 days as required by law. The couple has two kids aged one and six years who are American citizens.

In the wee hours of Monday, they had to return from Newark airport as Air India refused to give their kids a ticket to fly to India along with them, despite them having a valid Indian visa. The young mother and father are Indian citizens.

They said that the officials from Air India and (Indian) Consulate (in New York) were very cooperative.

Also Read: COVID-19: Top senators urge Trump to temporarily suspend all new guest worker visas, including H-1B

But they could not do anything as their hands were tied by the latest regulation issued by the Indian government, a shocked Ratna Pandey told PTI.

"I would like to urge the Indian government to reconsider their decision on the humanitarian basis," said the Indian national who has lost her job but could not leave the US within the stipulated 60 days to avoid any future visa complications.

She now plans to make an appeal to the US Citizenship and Immigration Services (USCIS) to extend their stay.

Last month, H-1B visa holders, mostly Indians, launched a White House petition urging US President Donald Trump to extend their permissible stay from 60 to 180 days after job loss. However, there has been no decision from the White House so far.

While there is no official statistics of how many Indian H-1B visa holders have lost their jobs, it is believed to be substantial.

The US, due to the coronavirus pandemic, is experiencing an unprecedented unemployment rate and more than 33 million Americans have lost their jobs in the last two months. Given this massive job loss, Indians, who have lost their jobs, are unlikely to get one and thus many would have no other option but to travel back home.

In the case of single mother Mamta (name changed), the situation is graver as her son is just three-month old. Only she was given the ticket and the infant was not allowed to fly along with her because he carried an American passport.

"I would like to request the Indian government to let us fly back home. I don't want to stay in the US any longer," she told PTI hours after being prevented from boarding her hometown Ahmedabad-bound flight from Newark on Sunday.

"I am alone here. I don't have a relative here. It's a difficult situation," she said.

"Vande Bharat Mission is a humanitarian mission. But this is certainly inhuman," said Rakesh Gupta (name changed) from Washington DC.

An H-1B professional, Gupta has lost his job and needs to return to India within the stipulated 60 days. He and his wife, Geeta (name changed) being Indian citizens, received the confirmation of their seats in the flight but have been told that their two-and-a-half-year-old daughter cannot travel with them as she carried an OCI card.

"I don't believe this," he said.

Unlike the Pandey couple and Mamta, who had made the payment of USD 1,361 per ticket for their flight back home, Rakesh has not made the payment. Air India has said that the money would be refunded.

All the three Indian citizens requested the Indian government to help them travel back home by making necessary changes in the current regulations.

As per a recent government notification, all existing Indian visa holders, and visa-free travel facility, granted to OCI card holders who are not in India, have been suspended till restrictions on international air travel remains.

New York-based community leader Prem Bhandari said that the May 5 travel advisory has created multiple painful issues for the OCI card holders in the US and also to Indian citizens who are either on Green Card or H-1B visas and want to travel back home, but cannot leave their kids who are Americans by birth.

"We would like to express our disappointment with the discrimination between OCIs and citizens in respect of entering India at this critical stage when many OCIs have lawfully built their homes, families and businesses in India," Bhandari said in a letter to Union Home Secretary Ajay Kumar Bhalla on Monday.

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Agencies
August 7,2020

Washington, Aug 7: US President Donald Trump on Thursday (local time) signed executive orders halting all transactions with Chinese applications TikTok and WeChat within 45 days, citing national security concerns, further escalating the tensions between Beijing and Washington.

"WeChat, a messaging, social media, and electronic payment application owned by the Chinese company Tencent Holdings Ltd., reportedly has over one billion users worldwide, including users in the United States. Like TikTok, WeChat automatically captures vast swaths of information from its users. 

This data collection threatens to allow the Chinese Communist Party (CCP) access to Americans' personal and proprietary information," Trump said in a statement.

Citing reasons for the ban on WeChat, the US President said that the application captures the personal and proprietary information of Chinese nationals visiting the US, thereby providing the CCP a mechanism to keep tabs on the Chinese citizens who may be "enjoying the benefits of a free society for the first time in their lives".

"In March 2019, a researcher reportedly discovered a Chinese database containing billions of WeChat messages sent from users in not only China but also the United States, Taiwan, South Korea and Australia. WeChat, like TikTok, also reportedly censors content that the CCP deems politically sensitive and may also be used for disinformation campaigns that benefit the CCP. 

These risks have led other countries, including Australia and India, to begin restricting or banning the use of WeChat. The US must take aggressive action against the owner of WeChat to protect our national security," he added.

Earlier, Trump had issued an order banning TikTok as it "reportedly censors content that the CCP deems politically sensitive, such as content concerning protests in Hong Kong and China's treatment of Uighurs and other Muslim minorities. 

TikTok may also be used for disinformation campaigns that benefit the CCP."
US politicians have repeatedly criticised TikTok, owned by Beijing-based startup ByteDance, of being a threat to national security because of its ties to China.

The development comes as China and the US are at loggerheads on a variety of issues including Hong Kong national security law, the South China Sea, the novel coronavirus and trade.

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News Network
May 22,2020

Washington, May 22: The deadly coronavirus came from China and the US is not going to take it lightly, American President Donald Trump said on Thursday.

"It came from China. We are not happy about it. We just signed a trade deal, the ink wasn't dry and all of the sudden this floated in. We are not going to take it lightly,” Trump said participating in a Listening Session with African-American Leaders in Michigan.

Trump in the last several weeks has been very critical of China's inability to control the spread of the novel coronavirus within its territory. By Thursday more than 94,000 Americans have died due to the coronavirus and over 1.6 million have tested positive.

He has so far not given any indication of the steps that he is contemplating taking against China.

Meanwhile, pressure is building on his administration, mainly from the Republican lawmakers on this.

On Thursday, Senators Ted Cruz and Rick Scott, along Mike Braun, Marsha Blackburn, Joni Ernst, Martha McSally and Tom Cotton, introduced the COVID-19 Vaccine Protection Act to prevent the Chinese Communist Party from stealing or sabotaging American COVID-19 vaccine research.

The bill requires a thorough national security evaluation and clearance by the Department of Homeland Security, the Department of State, and the Federal Bureau of Investigation of all Chinese student visa holders taking part in activities related to COVID-19 vaccine research.

"The same Chinese Communist Party that covered up the coronavirus outbreak also routinely engages in state sponsored theft of intellectual property," Cruz said. "We cannot allow China to steal or interfere with American research and development of a vaccine,” he added.

"Communist China is responsible for the coronavirus pandemic, and their lies and misinformation cost American lives," Scott said.

"We cannot let Communist China off the hook for this, and we absolutely cannot allow Communist China to steal or sabotage any American research efforts related to the Coronavirus vaccine. The COVID-19 Vaccine Protection Act protects American efforts to create a vaccine as we work to end this pandemic," he added.

The COVID-19 Vaccine Protection Act, among others requires an enhanced vetting of nationals of the Chinese nationals in the US as nonimmigrants under F, J, or M student visas to determine if any student visa holders are a national security threat.

Once the review is complete, authorizes Department of Homeland Secretary, in consultation with other agencies, to continuously monitor all nonimmigrant student visa holders (F, M, J) who are Chinese nationals while in the US and are engaged in, or have access to, the research of any potential COVID-19 vaccine or COVID-19 related material.

Republican Whip and Ranking Member of the Select Subcommittee on the Coronavirus Crisis Steve Scalise alleged that China lied to the world on coronavirus.

"During a critical period in December and January, China withheld evidence of the virus: evidence that confirmed human to human transmission of the virus, evidence of the extent of the spread. China refused entry of American and other medical experts from around the world for weeks,” he said.

“And during this time, China hoarded medical supplies like masks, gowns, and other life-saving PPE. Chinese exports of surgical masks, gowns, and gloves were stifled by the Chinese Communist Party during this period. China knew the danger posed by the virus and while they hid the truth, they used the time to stock up on vital medical supplies,” Scalise said.

“While Chinese authorities limited domestic flights from Wuhan to other Chinese cities like Beijing and Shanghai, China's government urged international carriers to maintain their flight schedules — seeding the virus throughout the rest of the world,” he alleged.

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