'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
August 7,2020

Colombo, Aug 7: Sri Lankan President Gotabaya Rajapaksa's party and its allies won an overwhelming two-thirds majority in a parliament election, results showed on Friday, giving him the power to enact sweeping changes to the constitution.

The governing Sri Lanka Podujana Peramuna and its allies had won 150 seats in the 225-member parliament, according to the tally published by the election commission from Wednesday's vote.

Rajapaksa had sought a two-thirds majority in parliament to be able to restore full executive powers to the presidency, which he says are necessary to implement his agenda to make the tiny island economically and militarily secure.

He is likely to install his older brother and former President Mahinda Rajapaksa as the next prime minister. The brothers are best known for crushing the Tamil Tiger rebels fighting for a separate homeland for minority Tamils during the elder Rajapaksa's presidency in 2009.

On a congratulatory phone call from Prime Minister Narendra Modi of India, which is keen to check Chinese influence on its southern neighbour, Mahinda Rajapaksa vowed to deepen ties between the two countries.

"With the strong support of the people of Sri Lanka, I look forward to working with you closely to further enhance the long-standing cooperation between our two countries," he told Modi. "Sri Lanka and India are friends and relations."

The tourism-dependent nation of 21 million people has been struggling economically since deadly Islamist militant attacks on hotels and churches last year followed by lockdowns to slow the spread of the coronavirus. 

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News Network
May 8,2020

Washington, May 8: Four top Republican senators have urged US President Donald Trump to suspend all-new guest worker visas for 60 days and some of its categories, including the H-1B visa, for at least the next year or until unemployment figures return to normal levels in the country.

The unemployment figures in the US have reached an all-time high due to the coronavirus pandemic. The letter has been signed by Senators Ted Cruz, Tom Cotton, Chuck Grassley and Josh Hawley.

"As you know, more than 33 million Americans have filed for unemployment coverage just since mid-March, and approximately one-fifth of the American workforce is currently out of work. This is a stunning difference compared with the historically-low nationwide unemployment rate of just 3.5 per cent in February this year," they said in their letter to the president on Thursday.

The letter, dated May 7, specifically calls for suspension of all non-immigrant guest worker visas for the next 60 days, followed by a continued suspension of certain categories of new non-immigrant guest worker visas for a year or until the national unemployment figures return to normal levels.

"To protect unemployed Americans in the early stages of economic recovery, we urge you to suspend all non-immigrant guest worker visas for the next 60 days," the senators said.

Exceptions to this suspension should be rare, limited to time-sensitive industries such as agriculture and issued only on a case-by-case basis, when the employers can demonstrate that they have been unable to find Americans to take the jobs, the senators wrote.

After 60 days, the senators urged Trump to continue to suspend new non-immigrant guest workers for a year or until the national unemployment figures return to normal levels, whichever comes first.

"That suspension should, at a minimum, include H-2B visas (non-agricultural seasonal workers), H-1B visas (specialty occupation workers) and the Optional Practical Training (OPT) program (extension of foreign student visas after graduation). We also urge you to suspend the EB-5 immigrant visa program, effective immediately," the lawmakers wrote.

The H-1B work visa for foreign technology professionals is highly popular among Indians and a large number of Indians also opt for the EB-5 investors visa.

The senators argued that there is no reason why unemployed Americans and recent college graduates should have to compete in such a limited job market against an influx of additional H-1B workers, most of whom work in business, technology or STEM fields.

"Temporarily suspending the issuance of new H-1B visas would also protect the hundreds of thousands of H-1B workers and their families already working in the United States -- workers who could otherwise be subject to deportation if they are laid off for more than 60 days," they said.

"Of course, appropriate exceptions could also be crafted to the H-1B program suspension to allow for doctors, nurses and other healthcare professionals who wish to come to the United States to assist in combating the coronavirus pandemic," the senators wrote.

Additionally, the United States ought to suspend its Optional Practical Training (OPT) programme, which allows foreign students in the country to extend their stay after graduation for one to three years to get "experience in the field" by taking jobs here, they wrote.

In 2019, more than 223,000 former foreign students had their OPT applications approved or extended. While the merits of such a programme are subject to debate, there is certainly no reason to allow foreign students to stay for three additional years just to take jobs that would otherwise go to unemployed Americans as the country's economy recovers, the lawmakers said.

The senators also urged Trump to remove the EB-5 visa from the exemptions in his Presidential Proclamation issued on April 22, at least until real reforms are adopted.

The EB-5 programme has long been plagued by scandal and fraud, and criticised as effectively functioning as a pay-for-citizenship scheme in many cases. There is no reason that the programme should receive preferential treatment as opposed to other green card programmes for employment-based immigrants, the lawmakers said.

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News Network
March 16,2020

Manila, Mar 16: The Philippines has detected an outbreak of avian flu in a northern province after tests showed presence of the highly infectious H5N6 subtype of the influenza A virus in a quail farm, the country's farm minister said on Monday.

Agriculture Secretary William Dar said the bird flu virus, the same strain that hit some local poultry farms in 2017, was detected in Jaen municipality in Nueva Ecija province, where about 1,500 quails had died on one farm alone.

A total of 12,000 quails have been destroyed and buried to prevent further infections, Dar said, citing field reports.

"We are on top of the situation," he said. "Surveillance around the 1-km and 7-km radius will be carried out immediately to ensure that the disease has not progressed around the said perimeter."

Animal quarantine checkpoints have also been set up to restrict the movement of all live domestic birds to and from the quarantine area, he said.

"We would like to emphasise that this is a single case affecting one quail farm only," Dar said.

Dr. Arlene Vytiaco, technical spokeswoman for avian flu at the agriculture department, said that while there is a possibility of transmission to humans through excretion and secretion, "the chances are very slim".

"There is also zero mortality rate," she said.

Dar said his department and the local government were jointly conducting an investigation and contact-tracing to determine the source of infection.

To ensure steady domestic supply of poultry, he said the transport of day-old chicks, hatching eggs and chicken meat will be allowed provided the source farms have tested negative for bird flu.

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