Comment by DyslexicAtheist
4 years ago
> Therefore the court of public opinion is the only court that has solid jurisdiction, so to speak.
based on what his public info shows about his location this medium post (and the ensuing public outrage) cops in that country will have to press charges (in case they haven't been pressed already).
There is a high chance he is a flight risk so they will book him, _unless_:
- he is actually a passport holder of that country (doesn't seem the case), and
- has a proper address registered as is law, (many Brits don't care since British law doesn't require it)
- has a strong social family network in that country, (unlikely)
- has a job in that country (contracting/freelancing doesn't count here)
... then he is looking forward to spending 6 months minimum in "Untersuchungshaft" (hard time) or for whatever length of time investigations are ongoing (until trial).
What I'm getting at is that this is a very serious allegation that _will_ result in hard time if convicted but also until he actually gets his day in court! But for that to happen she needs to do more than a Medium post (make a statement with the cops which can be scary but shouldn't be if she actually brings a lawyer). In case she doesn't then it needs to be considered a character assassination which itself is a felony. In any case posting such a piece is legally risky for her and if she would have bothered getting a lawyer, they most certainly would have advised her against it. The best option for her would be to go through the court system of where he is currently located.
Most other options have a high risk of this going nowhere (cost + extradition etc) and even give more room for speculation and he-said-she-said which shouldn't (imho) be the goal of the metoo movement and indeed it should be called out for mob-justice.
I think there are a few problems with this:
Another commenter mentions somewhere here that the specific thing that happened may not have been illegal in Germany then (but is now). I don't know how to verify that as I don't speak German.
This happened several years ago; there is no physical evidence that remains. This, as you allude to, is a he-said-she-said situation. I assume there are emails/texts/etc. that might speak to Pretty's poor character and ill intent, but that's not much. In the US this would almost certainly not be enough for a conviction. Maybe it would be in Germany or the UK, but I suspect not.
Agree that she may have opened herself up to legal liability (at least an accusation of libel or defamation). As I recall, in the UK it is harder than in the US to defend oneself in court against accusations of libel.
It is possible, though, that Pretty might be dissuaded from bringing any legal action because doing so will only draw more attention to his bad behavior, and could result in a worse situation for him than just going and hiding under a rock for a few years.
> there is no physical evidence that remains
not needed, she has plenty of people who can coroborate her story and even somebody who stepped forward as another victim. impossible to ignore under German law.
> Maybe it would be in Germany or the UK, but I suspect not.
it is most certainly prosecuted in Germany as I've indicated. I can't promise he'll get a conviction but he certainly would get his time in "U-Haft" given he presents a flight risk.
I agree that the chances of Pretty having the stomache to come after her with libel charges are remote. But if what she says is the truth then she shouldn't have anything to fear. She has people who said this happened to them too and others who saw things. It would all be very hard to ignore.