Current Events > After being convicted of rape for 3 years, UK man freed with archived messages

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WesternMedia
01/07/18 5:54:19 PM
#1:


A man who spent more than three years in prison on a rape conviction has been freed after a family member found deleted Facebook messages that proved his innocence.

Danny Kay, 26, of Derby in England, had been jailed in 2013 after a woman accused him of rape following a sexual encounter the year before, according to local media. Key to his conviction were Facebook messages that appeared to show him apologizing for sex without the womans consent.

It turned out the woman had selectively deleted messages in an apparent effort to prove her version of the story. It was only when Kays sister-in-law Sarah Maddison found an archived version of the messages on his Facebook account that he was able to get the conviction overturned.

Englands Court of Appeal in London ruled that police relied on an edited and misleading account of the Facebook conversation that was given to them by the complainant in the weeks after she claimed she was raped by Kay, the Daily Mail reported.

Kay told the paper that he owed his liberty to a conversation with a fellow inmate who convinced him the Facebook messages he thought were lost were recoverable.

Kay then asked Maddison to log in to his account. I couldnt believe how easy it was to find the messages, she told the Daily Mail. I am no social media expert, she said, but it only took me a minute to find them, so how trained police couldnt is beyond me. Kay had strenuously denied the charges to police.

The saga began in 2012 when Kay and the accuser had sex in what he described as a casual fling. He said it was consensual, she said it was not. At his trial, his accuser said there had been little contact between them after sex, the Independent newspaper reported. However, the full string of Facebook messages proved there was considerable contact and that the sex was consented to by both parties.

In particular, one edited message considered by the jury read sorry, implying that forced sex had taken place. The complete messages, however, showed that it was a response to the woman asking him why he was ignoring her. Also omitted from the version presented to the jury was her response: Dnt [sic] be.

Another factor in his conviction were edited messages that implied Kay had misled the woman about his age during their conversations, thus branding him as a liar. During their first Facebook conversation, the Daily Mail reported, he asked the girl how old she was, to which she replies: Nearly 17. (The age of consent in England is 16.) He then asked if she was single and she replied yep. He then said: Same here. However, in the messages shown to the jury, it appeared that his Same here response is a reference to his age.

In addition, the paper said, in one of the messages sent after the sexual encounter Kay asked the accuser for her phone number because hed lost it. Not only did she supply it, but she also sent four kiss emojis. She later deleted this and other messages.

In another section of the deleted messages, the accuser says: im still here for ya! And in another communication, after the pair had split up, she said: I thought u woulda at least tried to get me back.

When the recovered messages were shown to the appeals court, the judges in a ruling in late December said that the exchange undermined the womans account and supported Kays version.

Derbyshire Police told the Daily Mail it would review its investigation to find out whether lessons can be learned.


https://twitter.com/USATODAY/status/948205796659253249
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Patty_Fleur
01/07/18 5:55:48 PM
#2:


I thought women were angelic creatures that never lied about rape
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MrBobGray
01/07/18 5:56:08 PM
#3:


It was two years ago and the prosecutors deleted specific parts of those messages to make them seem more incriminating.
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Zikten
01/07/18 5:58:58 PM
#4:


MrBobGray posted...
It was two years ago and the prosecutors deleted specific parts of those messages to make them seem more incriminating.

I always wonder why prosecutors do this. in cases where they know the person is innocent but want to put them in prison anyway so they fake stuff
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Jiek_Fafn
01/07/18 6:05:04 PM
#5:


What a piece of shit.
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MrNintendo1213
01/07/18 6:07:34 PM
#6:


Patty_Fleur posted...
I thought women were angelic creatures that never lied about rape


No one ever said this. Thanks for playing the Strawman game doe. And notice how usually when it's revealed to be a lying girl, it's not usually a girl lying about some sexual harassment from a powerful person, it's some random chick trying to get back at someone closer to their level. So don't act like this is anything like that Weinstein crap.
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UnfairRepresent
01/07/18 6:09:54 PM
#7:


Zikten posted...
MrBobGray posted...
It was two years ago and the prosecutors deleted specific parts of those messages to make them seem more incriminating.

I always wonder why prosecutors do this. in cases where they know the person is innocent but want to put them in prison anyway so they fake stuff


Because they want to advance their careers.

A prosecutor who fails to prosecute won't be a prosecutor for very long.

It's hard to tell just how frequent this is because we only learn about it when they are caught but prosecutors intentionally lying or withholding evidence has happened many times, often on crimes as serious as rape and murder.
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Zikten
01/07/18 6:25:37 PM
#8:


UnfairRepresent posted...
Zikten posted...
MrBobGray posted...
It was two years ago and the prosecutors deleted specific parts of those messages to make them seem more incriminating.

I always wonder why prosecutors do this. in cases where they know the person is innocent but want to put them in prison anyway so they fake stuff


Because they want to advance their careers.

A prosecutor who fails to prosecute won't be a prosecutor for very long.

It's hard to tell just how frequent this is because we only learn about it when they are caught but prosecutors intentionally lying or withholding evidence has happened many times, often on crimes as serious as rape and murder.

then we need to change the justice system cause that is fucked up
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darkjedilink
01/07/18 6:39:51 PM
#10:


Zikten posted...
UnfairRepresent posted...
Zikten posted...
MrBobGray posted...
It was two years ago and the prosecutors deleted specific parts of those messages to make them seem more incriminating.

I always wonder why prosecutors do this. in cases where they know the person is innocent but want to put them in prison anyway so they fake stuff


Because they want to advance their careers.

A prosecutor who fails to prosecute won't be a prosecutor for very long.

It's hard to tell just how frequent this is because we only learn about it when they are caught but prosecutors intentionally lying or withholding evidence has happened many times, often on crimes as serious as rape and murder.

then we need to change the justice system cause that is fucked up

I wouldn't say we need to change the "justice system" entirely. We need to change the general viewpoint that convictions = justice.

The special features of the movie "Law Abiding Citizen" has a really nice take on this viewpoint. Spoilers ahead:

Gerard Butler's character's wife is raped and murdered by one of the two men who broke into his house to steal stuff. He witnessed it, and identified the man who raped and murdered her. However, because he copped to the break-in, he got a sweetheart deal (even though he pinned the rape and murder on the guy who didn't do it). This guaranteed two convictions, even though the guy who was only truly guilty of breaking into a home and stealing a few hundred dollars worth of stuff got the death penalty for a rape and murder he tried to stop.

In the special features, a real DA had commented that this type of dealmaking is standard procedure, because it guaranteed convictions, which helps DA's get elected, because they have actual numbers to "prove" they're "tough on crime," even though no actual justice was served.
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WesternMedia
01/07/18 6:41:42 PM
#11:


leverageblargh posted...
I have a feeling the police won't actually be held accountable for what they did here. They'll just "review it internally" and then sweep the whole thing under the rug. This dude's going to have to sue them and pump more money into lawyer fees to even have a chance of getting reparations.

MrNintendo1213 posted...
Patty_Fleur posted...
I thought women were angelic creatures that never lied about rape


No one ever said this.


I wouldn't go that far, it's a vocal minority but there are people who say and believe that stuff.

I think the most famous case in recent memory might be Lena Dunham. She tweeted something that basically said women don't lie about rape and then later on when her friend was accused she backpedaled and said he was just an exception.

Damn, another thing similar to the us
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Dyinglegacy
01/07/18 6:55:11 PM
#12:


Rape is bad, but so is lying about it. It's a disgraceful thing to do, and demeaning to people who have actually went through the horrible ordeal. What if this actually happens to her in the future? No one will believe her.

Sometimes I feel that lying about about a crime should be punished to the extent of the actual crime. Especially in the case of an innocent person being put in prison because of the lie.
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Funkydog
01/07/18 6:58:49 PM
#13:


This was pretty darn awful, yeah.

That the police were just too lazy to check the accuseds messages and just go off what they were given is ludicrous. Hopefully those involved face serious repercussions, but I doubt it sadly.
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darkjedilink
01/07/18 7:07:13 PM
#14:


Funkydog posted...
This was pretty darn awful, yeah.

That the police were just too lazy to check the accuseds messages and just go off what they were given is ludicrous. Hopefully those involved face serious repercussions, but I doubt it sadly.

I agree, but, in their defense, modern feminists would have a shitfit, and make a political statement most police departments in first-world countries would rather avoid.
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Funkydog
01/07/18 7:09:36 PM
#15:


darkjedilink posted...
Funkydog posted...
This was pretty darn awful, yeah.

That the police were just too lazy to check the accuseds messages and just go off what they were given is ludicrous. Hopefully those involved face serious repercussions, but I doubt it sadly.

I agree, but, in their defense, modern feminists would have a shitfit, and make a political statement most police departments in first-world countries would rather avoid.

Let them bitch. Police need to do their job and not just trust evidence given to them without fact checking it
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Dyinglegacy
01/07/18 7:30:11 PM
#16:


When political charged issues become more of a priority than truth and justice, then the planet needs to be detonated.
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JE19426
01/07/18 7:33:05 PM
#17:


MrBobGray posted...
It was two years ago and the prosecutors deleted specific parts of those messages to make them seem more incriminating.


I think you are confusing this some other case(s). This one had the accuser delete the messages not the prosecutor.
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r4X0r
01/07/18 7:34:10 PM
#18:


Zikten posted...
MrBobGray posted...
It was two years ago and the prosecutors deleted specific parts of those messages to make them seem more incriminating.

I always wonder why prosecutors do this. in cases where they know the person is innocent but want to put them in prison anyway so they fake stuff


Boost their conviction rates. It's like a score card. X prosecutor put away Y rapists. They do the same thing with DUI convictions where I live.
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chrono625
01/07/18 7:47:23 PM
#19:


So the girl who altered evidence is going away for at least 3 years, right?
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WesternMedia
01/07/18 7:48:28 PM
#20:


chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

I don't think she'll be put away for a day. Is this a jail worthy crime in the UK?
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Funkydog
01/07/18 7:49:38 PM
#21:


WesternMedia posted...
chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

I don't think she'll be put away for a day. Is this a jail worthy crime in the UK?

Someone was sent to 10 years in jail last year for false rape accusations.
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LightHawKnight
01/07/18 7:49:57 PM
#22:


MrBobGray posted...
It was two years ago and the prosecutors deleted specific parts of those messages to make them seem more incriminating.


I thought it was the woman who did it. The prosecutors just never ever asked the guy for his credentials to check his side of the information.
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chrono625
01/07/18 7:50:48 PM
#23:


WesternMedia posted...
chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

I don't think she'll be put away for a day. Is this a jail worthy crime in the UK?


If it isn't, it should be.

She lied and messed with evidence to get the guy thrown in jail for something he didn't do. 3 years of his life and his reputation ruined by a jealous and scorned individual. That's fucked up on so many levels.
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TheRealDill2000
01/07/18 7:52:07 PM
#24:


chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

She already endured enough trauma from this ordeal. There's no reason to punish her further.
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JE19426
01/07/18 7:52:38 PM
#25:


chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?


I doubt it. IIRC destroying evidence in the UK is only a crime if it's destroyed after an investigation begins, and if the culprit is aware it began. If she destroyed it before the investigation began, it's not a crime.

Edit: Although making false statements to the police almost certainly is.
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Funkydog
01/07/18 7:52:40 PM
#26:


chrono625 posted...
WesternMedia posted...
chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

I don't think she'll be put away for a day. Is this a jail worthy crime in the UK?


If it isn't, it should be.

She lied and messed with evidence to get the guy thrown in jail for something he didn't do. 3 years of his life and his reputation ruined by a jealous and scorned individual. That's fucked up on so many levels.

https://www.theguardian.com/society/2017/aug/24/woman-jailed-10-years-false-rape-claims-jemma-beale
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Offworlder1
01/07/18 8:06:12 PM
#27:


I hope the woman who made the false rape claim and lied about what happens is never believed if something bad actually does happen to her.

A man was in prison because of her fucking lies.
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Dyinglegacy
01/07/18 8:22:13 PM
#28:


She was just 17 when she did this, so she was a stupid kid, but... You should know better than to lie about something this severe.
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Offworlder1
01/07/18 8:26:04 PM
#29:


@Dyinglegacy

Dont defend her with she was just a stupid kid at 17, bull fucking shit, she knew he did not rape her and thr stigma rapists can have in jail.

She also lied every step of the way so he was thrown in prison, she knew exactly what she was doing and made a concious choice to send an innocent man to jail.
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Dyinglegacy
01/07/18 8:49:15 PM
#30:


Offworlder1 posted...
@Dyinglegacy

Dont defend her with she was just a stupid kid at 17, bull fucking shit, she knew he did not rape her and thr stigma rapists can have in jail.

She also lied every step of the way so he was thrown in prison, she knew exactly what she was doing and made a concious choice to send an innocent man to jail.


I know this. I was just saying, age may be a factor for her stupidity. She may not have done this had she had a bit of years behind her, or maybe she would have. There's no way of knowing.

I'm not saying that she should be off the hook.
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LightHawKnight
01/07/18 10:36:47 PM
#31:


Dyinglegacy posted...
Offworlder1 posted...
@Dyinglegacy

Dont defend her with she was just a stupid kid at 17, bull fucking shit, she knew he did not rape her and thr stigma rapists can have in jail.

She also lied every step of the way so he was thrown in prison, she knew exactly what she was doing and made a concious choice to send an innocent man to jail.


I know this. I was just saying, age may be a factor for her stupidity. She may not have done this had she had a bit of years behind her, or maybe she would have. There's no way of knowing.

I'm not saying that she should be off the hook.


I hate the stupid defense of oh, they are young, they make stupid mistakes, and they have a life ahead of them. No. They ruined their life already by ruining someone else's. If they are not punished for their crimes, they will never learn.
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WesternMedia
01/07/18 10:52:10 PM
#32:


Funkydog posted...
chrono625 posted...
WesternMedia posted...
chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

I don't think she'll be put away for a day. Is this a jail worthy crime in the UK?


If it isn't, it should be.

She lied and messed with evidence to get the guy thrown in jail for something he didn't do. 3 years of his life and his reputation ruined by a jealous and scorned individual. That's fucked up on so many levels.

https://www.theguardian.com/society/2017/aug/24/woman-jailed-10-years-false-rape-claims-jemma-beale

I'm actually pleasantly surprised to see this.
Dyinglegacy posted...
She was just 17 when she did this, so she was a stupid kid, but... You should know better than to lie about something this severe.

She can already legally consent and join the army in the UK.
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Dyinglegacy
01/07/18 10:54:47 PM
#33:


LightHawKnight posted...
Dyinglegacy posted...
Offworlder1 posted...
@Dyinglegacy

Dont defend her with she was just a stupid kid at 17, bull fucking shit, she knew he did not rape her and thr stigma rapists can have in jail.

She also lied every step of the way so he was thrown in prison, she knew exactly what she was doing and made a concious choice to send an innocent man to jail.


I know this. I was just saying, age may be a factor for her stupidity. She may not have done this had she had a bit of years behind her, or maybe she would have. There's no way of knowing.

I'm not saying that she should be off the hook.


I hate the stupid defense of oh, they are young, they make stupid mistakes, and they have a life ahead of them. No. They ruined their life already by ruining someone else's. If they are not punished for their crimes, they will never learn.


To be clear, again, I never stated that she should get off Scott free.

I did stupid shit when I was 17, that I wouldn't do now. I didn't send anyone to jail, mind you, but the things I did were still pretty bad.

A persons brain can be developing well into their 20s, so that could influence the way people behave.

AGAIN, I'm not saying that a person shouldn't be held accountable for their actions just because they are young. Depending on the severity of the crime, prosecution should be pursued to the full extent of the law.
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Dyinglegacy
01/07/18 10:58:52 PM
#34:


I would make a terrible prosecute/judge, because I have obvious bias toward youth. I'd have a difficulty time applying full pressure on a young person. Unless it was an extreme crime, like they literally killed a toddler and ate it's entrails, or some shit.

But like, B&E, or something, I would probably let it slide with a slap on the wrist. Especially a first time offense.
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#35
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Dyinglegacy
01/07/18 11:03:45 PM
#36:


leverageblargh posted...
WesternMedia posted...
chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

I don't think she'll be put away for a day. Is this a jail worthy crime in the UK?


From what I know of these sort of cases, the falsely accused guy would have to press charges. That would be a case of its own, the law doesn't take the initiative to punish the false accusers even if their lies were proved decisively.

There's egg on the face of everybody except the guy who had to waste 3 years of his life in prison. Judge, jury, police, the woman who cried rape ....everybody fucked up and they know it. Some more than others. If this guy wants justice, he has a long road ahead.

At this point some people just feel relieved to get out of prison and don't have the time, money and energy to burn on another case so they count their blessings and walk away from the whole situation.

Again, that's just from my limited knowledge. I could be wrong.


At the very least, I would hope that he gets compensated for his unjust time. Money, or something. You know there's people out there who will still see him as a rapist, even if acquitted.
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#37
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#38
Post #38 was unavailable or deleted.
JE19426
01/07/18 11:25:37 PM
#39:


leverageblargh posted...
Judge, jury, police, the woman who cried rape ....everybody fucked up and they know it.


How did the Judge and Jury fuck up?
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Funbazooka
01/07/18 11:29:52 PM
#40:


TheRealDill2000 posted...
chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

She already endured enough trauma from this ordeal. There's no reason to punish her further.

wat
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UnfairRepresent
01/08/18 8:34:49 AM
#41:


Funbazooka posted...
TheRealDill2000 posted...
chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

She already endured enough trauma from this ordeal. There's no reason to punish her further.

wat

He's a troll
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masticatingman
01/08/18 8:45:53 AM
#42:


MrNintendo1213 posted...
Patty_Fleur posted...
I thought women were angelic creatures that never lied about rape


No one ever said this. Thanks for playing the Strawman game doe. And notice how usually when it's revealed to be a lying girl, it's not usually a girl lying about some sexual harassment from a powerful person, it's some random chick trying to get back at someone closer to their level. So don't act like this is anything like that Weinstein crap.


I hope you realize nobody takes you seriously when you spell like this.
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r4X0r
01/08/18 8:51:01 AM
#43:


LightHawKnight posted...
Dyinglegacy posted...
Offworlder1 posted...
@Dyinglegacy

Dont defend her with she was just a stupid kid at 17, bull fucking shit, she knew he did not rape her and thr stigma rapists can have in jail.

She also lied every step of the way so he was thrown in prison, she knew exactly what she was doing and made a concious choice to send an innocent man to jail.


I know this. I was just saying, age may be a factor for her stupidity. She may not have done this had she had a bit of years behind her, or maybe she would have. There's no way of knowing.

I'm not saying that she should be off the hook.


I hate the stupid defense of oh, they are young, they make stupid mistakes, and they have a life ahead of them. No. They ruined their life already by ruining someone else's. If they are not punished for their crimes, they will never learn.


+1

This wasn't a "stupid mistake." This was straight up treacherous vengeance and a black heart like that isn't something somebody just grows out of.
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LightHawKnight
01/08/18 10:25:33 AM
#44:


JE19426 posted...
leverageblargh posted...
Judge, jury, police, the woman who cried rape ....everybody fucked up and they know it.


How did the Judge and Jury fuck up?


Not sure about the Jury, but the Judge was a total asshole to the guy and everytime the guy tried to defend himself, the Judge would get angrier and angrier.
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TheRealDill2000
01/08/18 12:39:10 PM
#45:


Funbazooka posted...
TheRealDill2000 posted...
chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

She already endured enough trauma from this ordeal. There's no reason to punish her further.

wat

She had to deal with what she considered rape. Why should she have to face additional suffering?
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dave_is_slick
01/08/18 12:55:35 PM
#46:


TheRealDill2000 posted...
Funbazooka posted...
TheRealDill2000 posted...
chrono625 posted...
So the girl who altered evidence is going away for at least 3 years, right?

She already endured enough trauma from this ordeal. There's no reason to punish her further.

wat

She had to deal with what she considered rape. Why should she have to face additional suffering?

To reiterate, this guy is a troll don't give him the time of day.
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XplodnPnguins92
01/08/18 12:58:52 PM
#47:


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JE19426
01/08/18 4:02:23 PM
#48:


LightHawKnight posted...
Not sure about the Jury, but the Judge was a total asshole to the guy and everytime the guy tried to defend himself, the Judge would get angrier and angrier.


Wasn't that the prosecutor?
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NibeIungsnarf
01/08/18 4:03:33 PM
#49:


MrNintendo1213 posted...
Patty_Fleur posted...
I thought women were angelic creatures that never lied about rape


No one ever said this.


Lena Dunham did.
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darkphoenix181
01/08/18 4:04:52 PM
#50:


disgusting

and stupid to convict someone via easily edited messages
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