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Matt Araiza accused of rape, served with a lawsuit.


bill8164

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Not good no matter how anyone looks at it. Seems like this was kind of known news around San Diego. If the Bills missed this during the draft process and before releasing Haack definitely huge mistake by them. Now that the news is out team needs to bring in punters for workouts and have someone ready to go as a replacement if needed.

 

Will wait for this to play out but if Araiza was involved he needs to be gone from team.
 

 

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2 minutes ago, RiotAct said:

I don’t think that’s going to  play into it at all.  Unless you meant the Bills coming to a decision to just cut bait, perhaps?


My reason for thinking it will settle quickly is not what I posted about the legal defenses. That was just for a general FYI. These things just sadly tend to get fairly easily resolved and/or underpunished. 

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1 minute ago, Mr. WEO said:

 

How does he assert the mistaken age defense?  What evidence does he provide?  Fake ID?

 


it’s a very fuzzy defense but in CA it does apparently work from time to time. It doesn’t require direct evidence like a fake ID - setting and circumstance can be used as well.

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8 minutes ago, wppete said:


What’s scary is how many people on here don’t understand what she said her age is doesn’t matter and her actually age does. Scary! 
 

 

 

I think many do understand, but it is going to be hard for a jury to convict on statutory rape if they found out she lied about her age. Doesn't seem right to be to convict in that case, no matter what the law says.

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21 minutes ago, jkirchofer said:

So because she said she was 18 she deserved it? That is what you are implying here. Jesus that is toxic.

twisting rational peoples words into terrible things they didnt say. this is virtue signaling. victim blaming is toxic. you know what else is EQUALLY toxic, assuming 100% of people accused of things, are guilty of them. justice is justice is truth... 

 

are you saying all the women of the salem witch trials had it coming, they were accused after all

 

^^^ see what i did there? thats not a very nice thing to do (let alone morally superior) is it???

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2 minutes ago, Doc said:

 

I think he's trolling.

Not trolling Doc. If fact BillShredder83 and I were saying the exact same thing. There have been a few on this thread who are assuming that Ariza purposefully gave the Jane Doe an STI. I was just pointing out that there was 11 days between the party and the phone call.

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2 minutes ago, mannc said:

He doesn’t have to claim it; state has to prove no reasonable mistake.

 

How does such a defense get entered if he doesn't even claim it?  She was clearly underage.  He can claim he reasonably thought she was of age without stating so in court?  

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Just now, Victory Formation said:

Why would you take the word of the accused over said victim when the accused demonstrated unethical and unquestionably immoral behavior to begin with?

I wouldn’t.  But I also realize that the burden of proof in a criminal trial involves more than the accused being a jerk.

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1 minute ago, Victory Formation said:

Why would you take the word of the accused over said victim when the accused demonstrated unethical and unquestionably immoral behavior to begin with?

What about her lying about her age and drinking while underage?

 

Is that ethical and moral behavior on her part?

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Just now, nkreed said:

Not trolling Doc. If fact BillShredder83 and I were saying the exact same thing. There have been a few on this thread who are assuming that Ariza purposefully gave the Jane Doe an STI. I was just pointing out that there was 11 days between the party and the phone call.

 

Not you, Victory Formation.  It's entirely plausible that she gave him chlamydia.

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2 minutes ago, JoPoy88 said:


it’s a very fuzzy defense but in CA it does apparently work from time to time. It doesn’t require direct evidence like a fake ID - setting and circumstance can be used as well.

 

Can it be asserted by a defendant with no context or circumstances being stated by him?  

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10 minutes ago, Mr. WEO said:

 

 

Did anyone witness Araiza carding her before he had sex with her?  How will he "honestly and reasonably" claim he thought she was of age?  A drunk girl hanging at a college boy party told him so?


I agree and doubt any carding took place. Although many high schoolers do have fake IDs. But mostly his defense would be based on eyewitness affidavits swearing she said she was of age and not drunk. So long as those aren’t hearsay.
 

This is of course without considering whatever will be made of the blood and bruises part. That is wack and could be very bad. 

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Just now, BeastMaster said:

What about her lying about her age and drinking while underage?

 

Is that ethical and moral behavior on her part?

If sex between Araiza and the 17 year old was consensual, I personally would not press charges unless Araiza was aware that he had an STD before relations. That has to be a crime.

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4 minutes ago, Mr. WEO said:

 

How does he assert the mistaken age defense?  What evidence does he provide?  Fake ID?

 

If you have a background in law, then you know that the DAs decision isn't made in a vacuum. If the DA can find plausible witnesses to the victim misrepresenting her age, combined with California case law, the DA will not bring that charge to court, understanding it's on them to prove she didn't. Ariza doesn't need to do a damn thing in that scenario.

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3 minutes ago, Mr. WEO said:

 

How does such a defense get entered if he doesn't even claim it?  She was clearly underage.  He can claim he reasonably thought she was of age without stating so in court?  

Simon posted how it is done in Cali.  You read it and commented on it and have been ignoring that for two pages now.  WTF?

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Just now, Mr. WEO said:

 

 

That she told Araiza this?

If they have witnesses saying she was claiming it, then it's reasonable to assume she told everyone, including him. Maybe he overheard her say it?

 

Are you trying to claim she told different people different stories? If you're going around saying your 18, then I doubt you are saying something different to others.

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3 minutes ago, nkreed said:

If you have a background in law, then you know that the DAs decision isn't made in a vacuum. If the DA can find plausible witnesses to the victim misrepresenting her age, combined with California case law, the DA will not bring that charge to court, understanding it's on them to prove she didn't. Ariza doesn't need to do a damn thing in that scenario.

 

It's not hard to figure out.  Unless you don't want it to be true.  :rolleyes:

 

It's funny who he "provides a defense" for.  Actually, no it isn't.

Edited by Doc
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3 minutes ago, Mr. WEO said:

 

Can it be asserted by a defendant with no context or circumstances being stated by him?  


so based on the clip of the statute someone posted up thread, mistake of age is a standard not an affirmative defense in CA, meaning he has no burden of proof to support it, the burden still remains on the prosecution. So he doesn’t have to provide any evidence in support of it.

Edited by JoPoy88
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Just now, BeastMaster said:

If they have witnesses saying she was claiming it, then it's reasonable to assume she told everyone, including him. Maybe he overheard her say it?

 

Are you trying to claim she told different people different stories? If you're going around saying your 18, then I doubt you are saying something different to others.

 

Come on!  DIdn't you go to college keggers and tell everyone there you were 17 and/or a HS'er and to give you beer?

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7 minutes ago, The Wiz said:

That's usually when most people abandon their morals, adulthood.

I don't know about that, I know a lot of people that are adults that live or die by morals lol. One of my best friends thinks it's morally wrong to drink a few beers at a kid's birthday party. When both my parents and his parents had beer at our birthday parties growing up and we turned out fine, now all of a sudden it's gonna send people to hell to drink beer at a kid's birthday party lol 

Edited by Buffalo03
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2 minutes ago, wppete said:


Kim Pegula who stands for women equality and rights did not a say word about Deshaun Watson 24 civil cases of sexual assault. That is very telling. 


Interesting observation… Still expect this to end with Araiza cut from the team… unless their is ironclad evidence of a shakedown… As Buffalo learns the details of the allegation… (and they appear despicable in the LA Times article)… neither the Bills nor the City will want to be associated with the public relations fallout… 

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14 minutes ago, jkirchofer said:

Consent can be revoked at any time.


I find it really disturbing that @Gene1973 reacted to this with a vomit emoji. 
 

Just so incredibly gross. Ugh. How terrible. 
 

How can anybody think it’s gross that somebody can withdraw consent to sex at any moment. Jesus Christ. 

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Punter has sex with a girl that lied about her age while going to a party for college kids.  Woman then has sex with other men the same night after him.  Woman consciously performs oral on said punter, then says she was unconscious. Punter is a criminal because said woman lied and agreed to sex.  Punter gets fired...

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1 minute ago, Ethan in Portland said:

Pretty sure it doesn't say that. It does say that whatever powers not delegated to the federal government or not prohibited by it fall to the states. That means the federal government can pass a law that supersedes all the states laws. Thus a federal minimum wage exisits even though states can have a higher one. It is why Roe v Wade being overturned is so critical. It returned abortion law to the states because there is no federal law protecting abortion rights for women. 

 

And a federal minimum age for drinking.  It's funny that someone matures (sexually) by merely crossing over state lines.

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Just now, phypon said:

Punter has sex with a girl that lied about her age while going to a party for college kids.  Woman then has sex with other men the same night after him.  Woman consciously performs oral on said punter, then says she was unconscious. Punter is a criminal because said woman lied and agreed to sex.  Punter gets fired...


this is all one side’s story - conjecture at this point. It also doesn’t explain her injuries.

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I think of the story on Brian Banks from a few years back and want to think innocent before proven guilty, but this looks pretty bad.   Seems like the best case scenario may be consensual sex with an underage girl, still a crime.    Buffalo may be best off moving on sooner rather than later.      

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38 minutes ago, BeastMaster said:

That definitely plays into his lawyers investigators that have witnesses that have her saying she was telling people she was 18

 

The only way this thing has legs is if his DNA was found

Not true.  DNA isn’t necessary.  

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1 minute ago, phypon said:

Punter has sex with a girl that lied about her age while going to a party for college kids.  Woman then has sex with other men the same night after him.  Woman consciously performs oral on said punter, then says she was unconscious. Punter is a criminal because said woman lied and agreed to sex.  Punter gets fired...

 

Hey, we don't know about the violent rape part.  That may have actually happened and no matter what she said or how drunk she was, that shouldn't have happened.

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10 minutes ago, Motorin' said:

 

 

The aspects of the alleged conversation described in the LA Times article come entirely from what the young women has said. The calls themselves have not been released or vetted. 

 

The big question I have in all of this is if the Bills only knew about this a month ago, does that mean Ariaza withheld info during the pre-draft interview process? 

I keep seeing everyone using the phone stuff as fact. I figured I missed where that info came from. Thank you for clearing it up. 

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22 minutes ago, Victory Formation said:

Innocent until proven guilty indeed. But should we trust the innocence of a man who knowingly gave a woman an STD?

we dont know that.  its just as fair to say - hes a stand up guy, had unprotected in heat of moment... afterwards realized that wasnt smart and got tested afterwards, due to the encounter. she could have gave it to him just as easily, and he was being a mature sexual partner.

 

***IM NOT SAYING THAT DIIIIIID HAPPEN**** but that is how a lot of people find out they have things. id argue someone who rarely has these encounters is the type to be responsible and check.... where as the bar crowd, after a week says "wow no sores, dodged a bullet" and do it again. culturally thats how this generation works

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1 minute ago, phypon said:

Punter has sex with a girl that lied about her age while going to a party for college kids.  Woman then has sex with other men the same night after him.  Woman consciously performs oral on said punter, then says she was unconscious. Punter is a criminal because said woman lied and agreed to sex.  Punter gets fired...

Pretty much.

 

Our society now will demand this guy's head without any due process or fact gathering 

 

 

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Just now, dgrochester55 said:

I think of the story on Brian Banks from a few years back and want to think innocent before proven guilty, but this looks pretty bad.   Seems like the best case scenario may be consensual sex with an underage girl, still a crime.    Buffalo may be best off moving on sooner rather than later.      

I heard second hand (from someone in Carolina) that McD is out of his mind angry about this.  Take it for what it’s worth.  

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