Matt Araiza accused of rape, served with a lawsuit.

[Beast]

4 minutes ago, Dick_Cheney said:

Yeah, that's not how it works. The 3 known people would have been arrested and charged. No way that they wouldn't squeal on the other two people, either out of just being an idiot and talking to the cops, or as part of some deal offering. They don't just wait for every single person to be ID'd before doing anything at all, especially in a gang rape case which could potentially be charged as a capital crime (unlikely but possible).

 

But I will say yes, you could be right. Not really saying you're not, just that with my time in the CJ world, that's been my experience with how things usually develop. Either way, awful as hell all around.

 

Oh, I'm sorry. I didn't know that a thorough investigation would not be conducted.

 

Thanks for telling me.

 

I'll go back to the District Attorney's Special Victim's Unit where I work at tomorrow and let them know we are doing it all wrong.

 

It's nice to know that a direct Grand Jury presentation is not a smart option. 

 

LOL

Edited August 26, 2022 by Beast

[Chicken Boo]

1 hour ago, wppete said:

This is crazy. If he did it then then cut him right away…. But the NFL has cornered themselves now with how they handled Deshaun Watson multiple cases. 8 games for deshaun means max 1 game for Araiza….. insane 

 

According to the plaintiff, she was *drugged, raped and mutilated.

 

These 2 cases are not the same.

Edited August 26, 2022 by Chicken Boo

[Dick_Cheney]

1 minute ago, aristocrat said:

I mean the guy knew he had an std and still didn’t put on a rubber? Does he have aids? Monkey pox? 

 

Fairly confident this is a crime in itself. If the phone call of him is what it sounds like, he's toast.

[Mr. WEO]

7 minutes ago, Dick_Cheney said:

Sure, but it's out of the ordinary for a civil suit to be served before charges have been filed. You're a hell of a lot more likely to win a civil suit if you've got a guilty verdict from the criminal case to back you up. Either way, I'm inclined to believe the victim, but maybe we'll be surprised.

 

I never thought i'd be as excited about a punter as I've been with this guy, so this blows. Time to give Moorman some stem cell injections I guess.

 

 

She's been waiting a long time for the criminal case to move forward.  It's a tactic to put the case out there since everyone else have been dragging their feet, most obviously the school.

[Dick_Cheney]

Just now, Beast said:

 

Oh, I'm sorry. I didn't know that a thorough investigation would not be conducted.

 

Thanks for telling me.

 

I'll go back to the District Attorney's Special Victim's Unit where I work at tomorrow and let them know we are doing it all wrong.

Not what I said, but okay. You do you.

[Beck Water]

5 minutes ago, Rocky Landing said:

Still a felony. If he had been up to three years older, it would be misdemeanor statutory rape.

 

We have one lawyer being interview by Cali news saying 3 years.

We have a law firm (I linked upthread) saying no fixed rule, but under 16 and over 21 tends to be charged as a felony.  Here's another

Quote

As previously stated, California Penal Code 261.5 PC is a wobbler. That means it may be charged as either a misdemeanor or a felony.14

There are three circumstances that determine how the offense will be charged and what the potential penalties are:

If you are no more than three (3) years older than the alleged victim, violating PC 261.5 is always a misdemeanor.15

If you are more than three (3) years older than the alleged victim, the offense may be charged as either a misdemeanor or a felony.16
AND

If you are twenty-one (21) or older and the alleged victim is under sixteen (16) at the time the intercourse occurs, you also face either a misdemeanor or a felony…but the potential felony penalties are steeper than in the situation described in #2, above.17

He was over 21, she was 17.  So it sounds as though it could go either way.

 

 

Edited August 26, 2022 by Beck Water

[CountDorkula]

1 minute ago, Dick_Cheney said:

 

Fairly confident this is a crime in itself. If the phone call of him is what it sounds like, he's toast.

It is. 

[Warcodered]

1 minute ago, Dick_Cheney said:

 

Fairly confident this is a crime in itself. If the phone call of him is what it sounds like, he's toast.

Shouldn't they have arrested him after that then?

[FireChans]

1 minute ago, Beast said:

 

Oh, I'm sorry. I didn't know that a thorough investigation would not be conducted.

 

Thanks for telling me.

 

I'll go back to the District Attorney's Special Victim's Unit where I work at tomorrow and let them know we are doing it all wrong.

Woah woah woah!

 

Can you tell us what Dick Wolf is like?

[UKBillFan]

3 minutes ago, CountDorkula said:

Again so everyone understands and not just you it takes an insanely long time to build a criminal rape case and they are very very hard to prosecute

For most I agree - but I would have thought a supposed ‘open and shut’ case (to use the phrase used previously) would go through quicker? Certainly the alleged victim and her father expected resolution before now.

[Mango]

34 minutes ago, Lost said:

Prediction:

 

Bills cut Araiza by 12:00pm tomorrow.   

 

He signs with the Browns by Monday

Bojo is on the Browns. He was the first guy I thought of. 

[zow2]

The story is too big now.  Not sure the Bills will have a choice in the matter but to release him, due process or not. Public pressure and media pressure will be intense.

[That's No Moon]

4 minutes ago, Shake_My_Head said:

I did.   So why no criminal case ten months later?   

They just turned it in to the DA and I will say this again, lab work is very slow and I'd imagine the state of the world the last 2 years has not helped that backlog

Edited August 26, 2022 by That's No Moon

[Beast]

2 minutes ago, Warcodered said:

Shouldn't they have arrested him after that then?

 

Nah.

 

There is a question of force that would up the ante significantly. He could plea guilty to statutory and you wouldn't be able to charge him again for the same incident.

 

Dotting i's and crossing t's.

 

Plus, you want to put the victim through the least amount of proceedings as possible. 

 

I'd be willing to bet this will be put in front of a Grand Jury relatively soon.

Edited August 26, 2022 by Beast

[Rocky Landing]

2 minutes ago, Beck Water said:

 

We have one lawyer being interview by Cali news saying 3 years.

We have a law firm (I linked upthread) saying no fixed rule, but under 16 and over 21 tends to be charged as a felony.  Here's another

He was over 21, she was 17.

 

Not being a lawyer myself I would say the situation is a "wobble" and not so cut and dried, or there wouldn't be differing info on the subject

Here's the statute:

https://www.cwsdefense.com/blog/2020/june/exceptions-to-californias-statutory-rape-laws/

[UKBillFan]

4 minutes ago, aristocrat said:

I mean the guy knew he had an std and still didn’t put on a rubber? Does he have aids? Monkey pox? 

Or could be that he was aware that she had sex with numerous people (in his mind, either with consent or aware than she was raped) so advised her to be checked, rather than meaning he had a STD himself.

[Mattymafia]

7 minutes ago, ColoradoBills said:

 

Lawyers, guns and money!  I'm a little short.  You got your wallet?

you guys got money?

[John from Riverside]

19 minutes ago, Beast said:

 

I didn't know Matt Araiza posted here.

Really not approp

[Matt_In_NH]

The phone call info is pretty damning......I am not sure this guy will be a Bill.  

[Alphadawg7]

I will wait for the full story before I react or form some sort of judgement.  Clearly, if he is guilty of this, he is done and should be done and face criminal charges. 

 

But as bad as it looks on the preliminary story, there is still the fact it didn't come out sooner, the Bills may have had prior knowledge and did their own research, and there is not yet a criminal charge...so let's see how this plays out before we decide the outcome.