civil sexual assault charges against Big Ben

[stevew]

Should be a nice distraction.

Can't link right now.

Don't understand yet if there was any criminal complaint. Allegations state conduct was more than a year ago.

[sabotai]

Roethlisberger denies civil allegations of sexual assault | ProFootballTalk.com

She is taking it directly to civil court. No criminal investigation.

[Greyroofoo]

Originally Posted by article

McNulty alleges that Roethlisberger asked her to come to his hotel room to fix the television, and that he thereafter forced her to have sex with him.

Beware of NFL QBs wanting you to fix their TV.


And if this was Pacman he would be suspended by now.

[Lathum]

Cornwell, a finalist for the position of NFLPA Executive Director who has represented in the recent past Saints running back Reggie Bush and Browns receiver Donte' Stallworth, points to the fact that no criminal complaint has been filed, and that no criminal investigation has occurred.

Sounds like BS to me. No criminal investigation? Should be the end of the civil suit right there. Girl gets forced into sex and doesn't call the cops? c'mon.

[PilotMan]

Originally Posted by Greyroofoo

And if this was Pacman he would be suspended by now.

Blinky's a bitch.

[Schmidty]

To this day, I always associate "Big Ben" with Ben Wallace. I always click on a link and am surprised to see Roethlisberger as the subject inside.

[Groundhog]

Originally Posted by Schmidty

To this day, I always associate "Big Ben" with Ben Wallace. I always click on a link and am surprised to see Roethlisberger as the subject inside.

I'm like that with every forum except this one, because FOFC leans more to the football side of things. But I think it's silly having two professional athletes with the same nickname.

[Abe Sargent]

Originally Posted by Lathum

Sounds like BS to me. No criminal investigation? Should be the end of the civil suit right there. Girl gets forced into sex and doesn't call the cops? c'mon.

That's not uncommon. Many women wait weeks, months or longer before coming to terms with sexual assault. It's not the same crime as if her purse was stolen.

[Mustang]

You know, between McNair, Vick and now this, Favre is going to have a really hard time having the headlines to himself.

[Lathum]

Originally Posted by Abe Sargent

That's not uncommon. Many women wait weeks, months or longer before coming to terms with sexual assault. It's not the same crime as if her purse was stolen.

but run out and file a civil suit in the mean time?

[Lathum]

Originally Posted by Abe Sargent

That's not uncommon. Many women wait weeks, months or longer before coming to terms with sexual assault. It's not the same crime as if her purse was stolen.

dola- I get that it is a heinous crime and in no was condone it.

My girlfriend in college was sexually assaulted and my sister was abused by her now dead husband. I understand first hand how this works, probably better then most. The first impulse of someone who was abused isn't to try and get paid.

If Big Ben did this the shame on him, but even if he did, the fact that the girl is trying to get paid withoug filing criminal charges is absurd.

[sabotai]

Originally Posted by Abe Sargent

That's not uncommon. Many women wait weeks, months or longer before coming to terms with sexual assault. It's not the same crime as if her purse was stolen.

(To add to what you said,) I've known several women who had been raped, and none of them reported it to the cops. Some of them just wanted to put it behind them (afraid the cops wouldn't believe them, afraid they wouldn't be able to prove it in court, etc.). For some, it took years for them to come to terms with it. Just a guess on my anecdotal evidence, but I'd be surprised if more than 10% of rapes get reported. I wouldn't be surprised if it were more like 5% or less.

But then again, the women I knew weren't accusing an NFL player of it and didn't bring civil suits against their attacker, so I am leaning more on the "this is total BS" side of things in this particular case. I guess we'll have to see if she had a rape kit done when she claims it happened. If not, I don't see how she can think this has any chance whatsoever.

[Abe Sargent]

I'm just syaing that I wouldn;t dismiss it out of hand without knowing more details.

[Abe Sargent]

Originally Posted by Lathum

but run out and file a civil suit in the mean time?

She waited a year. That's not exactly running right out and doing it. It could easily have taken her a year to come to terms with it, and by then, no investigation is really even possible - not like physical evidence stays around that long.

[Lathum]

Originally Posted by Abe Sargent

She waited a year. That's not exactly running right out and doing it. It could easily have taken her a year to come to terms with it, and by then, no investigation is really even possible - not like physical evidence stays around that long.

so she just decided she should be paid then?

I'm sorry, I realize I can be cynical, and rape is horrible, but filing a civil suit for something like this without filing a criminal suit just reeks of someone looking for a payday.

[digamma]

A few thoughts:

-Keep in mind that the burden of proof is much lower in a civil case than a criminal case. This is particularly important in he said vs. she said situations.

-Not impressed with the initial statements by Roethlisberger's lawyer. He may just be out of his realm (seems to be more of a negotiator/business lawyer), but I wouldn't have said that Ben "especially" didn't assault this woman. Also, whether Ben committed "criminal" acts is not determinative of whether he is liable in a civil matter (though some of the evidence about why there was or was not a criminal investigation may be relevant/persuasive).

-Some might argue that filing a civil suit is more gutsy than going to the police. By filing a civil suit, you waive many of the privacy rights you have in a criminal case. You also pretty much ensure you're going to take the witness stand if the case goes to trial. All that means more scrutiny of your case and of you, as a victim, by the general public.

-The complaint sounds like it makes for good reading, if nothing else.

-All of that said, it certainly has the scent of a money grab.

[Karlifornia]

Originally Posted by Lathum

so she just decided she should be paid then?

I'm sorry, I realize I can be cynical, and rape is horrible, but filing a civil suit for something like this without filing a criminal suit just reeks of someone looking for a payday.

Maybe she got raped, and also, in addition to that, just wants a payday. I see no reason that the two have to be mutually exclusive.

[Axxon]

Originally Posted by Schmidty

To this day, I always associate "Big Ben" with Ben Wallace. I always click on a link and am surprised to see Roethlisberger as the subject inside.

I thought about the clock.

[Lathum]

Originally Posted by Karlifornia

Maybe she got raped, and also, in addition to that, just wants a payday. I see no reason that the two have to be mutually exclusive.

I see nothing wrong with wanting to get paid, but I think it would be a bit more believable if she wanted justice also.

[dawgfan]

Originally Posted by Lathum

I see nothing wrong with wanting to get paid, but I think it would be a bit more believable if she wanted justice also.

Perhaps she feels like a criminal investigation at this point has little chance of success, so rather than just let it go completely, why not file a civil suit so he faces some level of punishment? If she succeeds, it won't just hurt him financially, it'll tarnish his reputation in a big way. For all we know, she may plan on giving away any money she's awarded; or maybe she feels like a big payday is some small consolation for the pain she's experienced (this is all assuming her accusations are true).

I guess I'm just saying that I see no reason yet to dismiss her actions out of hand as simply a money grab/publicity stunt.

[Karlifornia]

Originally Posted by dawgfan

Perhaps she feels like a criminal investigation at this point has little chance of success, so rather than just let it go completely, why not file a civil suit so he faces some level of punishment? If she succeeds, it won't just hurt him financially, it'll tarnish his reputation in a big way. For all we know, she may plan on giving away any money she's awarded; or maybe she feels like a big payday is some small consolation for the pain she's experienced (this is all assuming her accusations are true).

I guess I'm just saying that I see no reason yet to dismiss her actions out of hand as simply a money grab/publicity stunt.

EDIT: This is really more in response to Lathum, and an agreement with dawgfan.

I have no experience with the judicial system, but I'd assume victory criminal trials lead to no economic gains for the aggrieved. Would that be correct? Maybe, on advice of a lawyer, she was told that she could either have Roethlisberger face jail time, or have Roethlisberger face paying her a sum of money (or settling out of court for a lesser, but still substantial amount).

For any 100 people on who say "All I want is justice", I'd bet there's any 100 people who say "All I want is money", if given the option. Look at the Michael Jackson cases. Look at the Donte Stallworth case.

[Balldog]

As much as I despise Roethlisberger I'm just not buying this one.

[NewIdentity]

With no Criminal Case, I am guessing her lawyers have already went directly to Ben's Lawyers and been turned down before filing a civil case.

Either way it is win, win for her; as now she gets to hit the talk shows for some money and can look forward to getting even more money for a spread in Playboy or PEnthouse even if she loses her civil case.

[Ronnie Dobbs2]

Well, if she were actually sexually assaulted, I'm not sure "win, win" is exactly how she's looking at it.

[NewIdentity]

What does this mean?

McNulty also claims that the coworkers named in the complaint thereafter defamed her by making allegedly false and inflammatory statements, and by allegedly serving as aiders and abettors of Roethlisberger's alleged misconduct after the fact.

If the Police are not involved who are these statements too?

Does this mean she is also suing her coworkers, or maybe just the hotel? What were her coworkers doing? "serving as aiders and abettors of Roethlisberger's alleged misconduct after the fact" IS the hotel named in the suit? I know Ben has real deep pockets, but could she also go after her employer?

[Samdari]

Originally Posted by Greyroofoo

if this was Pacman he would be suspended by now.

arrest count

PacMan:7
BigBen: 0

[molson]

People are talking like a criminal prosecution would be her choice to make. It's not. (I haven't read anything this stuff, but I haven't heard any indication that she didn't want a criminal prosecution). Prosecutor's offices decline cases like this all the time, if they allegations come a year or whatever later and there's no physical evidence. Like people have said, it's very possible this case is not proveable as a crime, but provebable as a civil tort.

[Lathum]

Originally Posted by molson

People are talking like a criminal prosecution would be her choice to make. It's not. (I haven't read anything this stuff, but I haven't heard any indication that she didn't want a criminal prosecution). Prosecutor's offices decline cases like this all the time, if they allegations come a year or whatever later and there's no physical evidence. Like people have said, it's very possible this case is not proveable as a crime, but provebable as a civil tort.

If they went to police and were denied an investigation/ prosecution they that's a pretty important part of the story to leave out and very poor journalism.

[molson]

Originally Posted by Lathum

If they went to police and were denied an investigation/ prosecution they that's a pretty important part of the story to leave out and very poor journalism.

It did say:

"It's unknown at this point whether McNulty ever has attempted to file criminal charges as a result of the incident, which allegedly occurred in July 2008."

It's always written like that, even though no civilian can "file criminal charges" against anyone (there might be a few states left that have old laws still on the books that allows one to bring criminal charges directly, but it never happens). And the prosecutor's office probably won't reveal any information about cases where they decline prosecution (which, depending on the office and budget situation, can be 50-90% of all cases that are referenced to them. I imagine rape would be on the high end of that).

[Kodos]

I hope he's innocent. I'm tired of athletes being revealed as terrible people. I've always liked Big Ben to some degreee.

[watravaler]

Raper or not, Ben is pretty much forced to settle out of court to avoid the circus. If the women was raped, and wants to get back at Roeth, this is a wise move, imo. She is 99% assured of a pay-day...

[Bad-example]

While we don't have any clue as to the validity of her claims, I am just glad she chose the civil suit as her instrument of revenge instead of a gun.

[DanGarion]

Originally Posted by watravaler

Raper or not, Ben is pretty much forced to settle out of court to avoid the circus. If the women was raped, and wants to get back at Roeth, this is a wise move, imo. She is 99% assured of a pay-day...

And if he settles out of court (yet didn't do it) everyone will call him a rapist... Once shit like this happens to you, you basically lose.

[molson]

Originally Posted by DanGarion

Once shit like this happens to youlose.

Interesting choice of words.

Really interesting between this, and the Erin Andrews situation how quick people are to blame the woman.

And that's not even really true here, where people are more restrained and mature. But I can imagine what the regular football boards are saying about this....

[NewIdentity]

Any idea who she is, for the hotel?(answered in article)

Here is a bigger article on this

Latest News and Rumors | ProFootballTalk.com

[DanGarion]

Originally Posted by molson

Interesting choice of words.

Really interesting between this, and the Erin Andrews situation how quick people are to blame the woman.

And that's not even really true here, where people are more restrained and mature. But I can imagine what the regular football boards are saying about this....

Not sure who is blaming the woman, I wasn't. But regardless if he did it or not, he's now going to have various groups calling him a rapist till the day he dies, unless it comes out 100% that she is lying about the assault.

I sort of ignored the Erin Andrews thread, but there are actually people blaming her, amazing, I wonder if these people would be blaming their wife if it was video of her instead.

[MikeVic]

Originally Posted by molson

Interesting choice of words.

Really interesting between this, and the Erin Andrews situation how quick people are to blame the woman.

And that's not even really true here, where people are more restrained and mature. But I can imagine what the regular football boards are saying about this....

Who was blaming Erin and who is blaming the girl here?

[johnnyshaka]

Originally Posted by molson

Interesting choice of words.

Really interesting between this, and the Erin Andrews situation how quick people are to blame the woman.

And that's not even really true here, where people are more restrained and mature. But I can imagine what the regular football boards are saying about this....

You are taking his words out of context...if he didn't do it and pays her out just because he wants to avoid circus the court case would bring on, then, yes, the woman is to blame because she's a lying bitch who's using his fame to fill her bank account.

[stevew]

PFT's Florio is really jacking off on his keyboard. I may have to re-evaluate visiting that site.

[Logan]

Complaint gets very specific regarding interaction between McNulty, Roethlisberger | ProFootballTalk.com

Would I be amazed if an athlete doesn't think he's sexually assaulting a woman just because she isn't kicking, screaming and punching him? Probably not.

[NewIdentity]

TMZ has pictures of Ben and McNulty together where Ben looks drunker than hell.

This is not going away anytime soon.

The allged incident between Roethlisberger and McNulty took place in July 2008. Roethlisberger has acknowledged he had sex with McNulty, but claims it was consensual.

[MikeVic]

I currently do not believe McNulty (the wife of the guy from The Wire?), but if this ends up to be true... I'll take donations on the next QB jersey I should buy. I got Michael Vick's in his rookie year, and I got Roethlisberer's last year.

[DanGarion]

Originally Posted by NewIdentity

TMZ has pictures of Ben and McNulty together where Ben looks drunker than hell.

This is not going away anytime soon.

Really they do? I just looked at the 3 articles they have posted and none show pictures of them together, care to share the link?

[Logan]

Originally Posted by MikeVic

I currently do not believe McNulty (the wife of the guy from The Wire?), but if this ends up to be true... I'll take donations on the next QB jersey I should buy. I got Michael Vick's in his rookie year, and I got Roethlisberer's last year.

Favre...thanks.

[Samdari]

Originally Posted by molson

It did say:

"It's unknown at this point whether McNulty ever has attempted to file criminal charges as a result of the incident, which allegedly occurred in July 2008."

It's always written like that, even though no civilian can "file criminal charges" against anyone (there might be a few states left that have old laws still on the books that allows one to bring criminal charges directly, but it never happens). And the prosecutor's office probably won't reveal any information about cases where they decline prosecution (which, depending on the office and budget situation, can be 50-90% of all cases that are referenced to them. I imagine rape would be on the high end of that).

This is really semantics though. Since police officers rarely witness sexual assaults, virtually all prosecutions originate as someone filing a criminal complaint. The DA does decide whether or not to prosecute each case, but they rarely prosecute the ones THEY DON'T KNOW ABOUT. This reporting of it to the authorities is generally what is regarded as 'filing criminal charges'.

[molson]

Originally Posted by Samdari

This is really semantics though. Since police officers rarely witness sexual assaults, virtually all prosecutions originate as someone filing a criminal complaint. The DA does decide whether or not to prosecute each case, but they rarely prosecute the ones THEY DON'T KNOW ABOUT. This reporting of it to the authorities is generally what is regarded as 'filing criminal charges'.

Very true, I've just always been annoyed by that wording - it makes people think that they have the right to determine who gets charged criminally (or for that matter, who isn't charged), which can make things difficult for a prosecutor's office sometimes.

[RomaGoth]

As a Steelers fan and a Roethlisberger fan, I must say that I am extremely disappointed. He obviously put himself in a poor position for this to be happening, whether he assaulted/raped her or not. If he did do this to her, he should go to prison. Not to mention, have you guys seen her pics yet? She is one fugly shemale, I refuse to post them here.

So sick of athletes getting into shitty situations, is it me or does this seem to be a more recurring theme these days?

[DanGarion]

Originally Posted by RomaGoth

As a Steelers fan and a Roethlisberger fan, I must say that I am extremely disappointed. He obviously put himself in a poor position for this to be happening, whether he assaulted/raped her or not. If he did do this to her, he should go to prison. Not to mention, have you guys seen her pics yet? She is one fugly shemale, I refuse to post them here.

So sick of athletes getting into shitty situations, is it me or does this seem to be a more recurring theme these days?

So... Having sex with a woman puts you in poor position? I just don't see how this really is preventable. Heck how about if he didn't even touch her, how is it preventable? Not trying to pick you apart, just trying to understand your reasoning...

[Logan]

Originally Posted by RomaGoth

Not to mention, have you guys seen her pics yet? She is one fugly shemale, I refuse to post them here.

For his sake, I really wish he didn't admit to it being consensual either. Good lord. Makes the "...especially Andrea McNulty" comment even funnier.

[DanGarion]

Originally Posted by Logan

For his sake, I really wish he didn't admit to it being consensual either. Good lord. Makes the "...especially Andrea McNulty" comment even funnier.

I saw the pictures on TMZ, she's not bad, just a little above average, was better with the black hair. She ain't no Lily Allen though... (actually she's more attractive then Lily IMO).