No charges….No Interview!!

[Dee Dub]

We all know Ben was at the club. Whatever rape kit was used was used to fit this particular charge---sexual assault. That means no vagina swab can be used or is admissible. This isn’t rape it is sexual assault. That means that the alleged victim is admitting that there was no sexual intercourse. This leaves us with the fact that any and all evidence that is on the victim’s body or in the clubs bathroom can only imply that Ben was there. A simple strand of Ben’s hair could have fallen onto the floor or onto the victims shoulder after a polite hug or hand shake. This is called circumstantial evidence. Is the evidence a sample of Ben’s sperm? If it is that does not prove Ben assaulted this woman. Ben could have simply masturbated on his own in the club’s bathroom. Without a witness or any video evidence, there is absolutely no way the prosecution can prove any sexual assault. They have no case. And this is why there are no charges. What they have been waiting for all this time is that a witness could come forward or Ben would somehow implicate himself.

CIRCUMSTANTIAL EVIDENCE
Circumstantial evidence is best explained by saying what it is not - it is not direct evidence from a witness who saw or heard something. Circumstantial evidence is a fact that can be used to infer another fact.
Indirect evidence that implies something occurred but doesn't directly prove it; proof of one or more facts from which one can find another fact; proof of a chain of facts and circumstances indicating that the person is either guilty or not guilty.

[Northern_Blitz]

I remember reading an article recently that said that the small town law enforcement team was working on this high profile case, as well as a murder. They said that there was no timeline to bring charges up.

Not having charges yet beats having charges, but I don't think it means too much yet.

[Shawn]

An ER nurse with 10+ years of ER experience was discussing rape exams. Keep in mind this was a female nurse who has seen hundreds of alleged rapes and assisted with hundreds of alleged rape exams. She stated, "she has seen one maybe two legit rape cases in her years in the emergency room". I think the general public underestimates the amount of truly sick people we have in our society.

[_SteeL_CurtaiN_]

I think the general public underestimates the amount of truly sick people we have in our society.

I agree with this statement and given that 11 days has passed without charges IMO is telling. This case is being processed with the utmost expedience and the fact that it's almost two weeks since the incident makes me suspect the prosecution is A) Has a weak case and B). Are protecting their rear ends.

If there were evidence to arrest and charge they would have done it, perhaps they are building their case with circumstantial evidence. Convictions won based on circumstantial evidence must have a higher rate of overturn on appeal wouldn't you think?

This is smelling more and more like a gold digg...

[Shawn]

I think the general public underestimates the amount of truly sick people we have in our society.

I agree with this statement and given that 11 days has passed without charges IMO is telling. This case is being processed with the utmost expedience and the fact that it's almost two weeks since the incident makes me suspect the prosecution is A) Has a weak case and B). Are protecting their rear ends.

If there were evidence to arrest and charge they would have done it, perhaps they are building their case with circumstantial evidence. Convictions won based on circumstantial evidence must have a higher rate of overturn on appeal wouldn't you think?

This is smelling more and more like a gold digg...

I think A and B are the case. And I agree they don't have squat or they would have charged Ben already. The time that has elapsed tells me they don't have that slam dunk piece of evidence. This is good for Ben obviously as it would certainly take more time to build a circumstantial case.

And lets not forget...as blood thirsty as prosecutors can get...they don't want to lose with the national spotlight on them. Even if they have nothing but the girl's testimony...they will drag this out. Reason? So, they can say they turned over every stone.

[BlackJackGold]

First, the term 'sexual assault' in Georgia covers everything from groping to rape.

Second, there was some DNA found during the medical examination, otherwise investigators wouldn't want a sample from ben to make a comparison.

Third, I wouldn't be surprised if the investigation is placed before a grand jury for indictment.

That would leave the state of Georgia in the free and clear of being sued should they prosecute and lose.

[Shawn]

First, the term 'sexual assault' in Georgia covers everything from groping to rape.

Second, there was some DNA found during the medical examination, otherwise investigators wouldn't want a sample from ben to make a comparison.

Third, I wouldn't be surprised if the investigation is placed before a grand jury for indictment.

That would leave the state of Georgia in the free and clear of being sued should they prosecute and lose.

Really? I was under the impression that they also took DNA from the bathroom. I would certainly think there would be multiple people in that bathroom that they would need to sort through. I also thought asking for DNA was standard procedure in cases like these.

[TallyStiller]

My personal gut feeling, for what it's worth, is that she went into the bathroom with him and he treated her like a porn star... she felt dirty and disgusted, as most 20 year old college kids from Milledgeville, Georgia would in the situation, had buyers' remorse, if you will, and went to the police.

Frankly, Tiger Woods got away with similar behavior, Kobe Bryant very nearly did not... the difference is in the girl you approach and how SHE feels about the encounter, regardless of how famous you are, how often you're on TV, how much bank you have, or how colossal your ego is.

Moral of the story - make sure the girl IS a porn star before you treat her like a porn star. Even if what happened there never results in a conviction, Ben's going to have to learn this real fast or his career, his reputation, and his earning power are going to go from "in serious jeopardy" to "gone".

[Shawn]

My personal gut feeling, for what it's worth, is that she went into the bathroom with him and he treated her like a porn star... she felt dirty and disgusted, as most 20 year old college kids from Milledgeville, Georgia would in the situation, had buyers' remorse, if you will, and went to the police.

Frankly, Tiger Woods got away with similar behavior, Kobe Bryant very nearly did not... the difference is in the girl you approach and how SHE feels about the encounter, regardless of how famous you are, how often you're on TV, how much bank you have, or how colossal your ego is.

Moral of the story - make sure the girl IS a porn star before you treat her like a porn star. Even if what happened there never results in a conviction, Ben's going to have to learn this real fast or his career, his reputation, and his earning power are going to go from "in serious jeopardy" to "gone".

I think that's reasonable. Did she go into the bathroom to have some sort of sexual contact? That is probable. I can't imagine any other reason to do so. So, with that in mind what happened to make her go to the police? Did he disrespect her? Was she setting him up? Is it possible she was giving him a hummer and instead of pulling out he forced her to swallow? Shoot...the possibilities are endless. Some of these things are just acsholish and some possibilities are criminal. The problem? The jury must assume she went in the bathroom to have sexual contact of some sort. She would have a hard time explaining that away. Then she would have to say he took it further than she wished...which is certainly possible. But, proving that is nearly impossible without physical evidence. Even if there was an immediate ruckus and even if she left crying...it's still hard to prove especially if Ben has an equally believeable story.

[Northern_Blitz]

I think that's reasonable. Did she go into the bathroom to have some sort of sexual contact? That is probable. ... The problem? The jury must assume she went in the bathroom to have sexual contact of some sort. She would have a hard time explaining that away. Then she would have to say he took it further than she wished...which is certainly possible. But, proving that is nearly impossible without physical evidence.

To me, this sounds alot like a description of the Tyson case. She went up to his hotel room, clearly with the intent of having sex. Tyson was found guilty, in part because she had brusing on her private parts and that was seen as evidence of rape.

Apparently, the girl in this case went into the bathroom with Ben, clearly intending to have some kind of sexual contact. Later that night, she apparently had some sort of head injury.