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Harvey Weinstein? Roy Moore? What About the Crimes of Bill Clinton and Robert Byrd?


Added 11-14-17 05:03:02am EST - “Harvey Weinstein really started something. Or his cowardly “brave” accusers did. In this new time warp, are there not aspects of bewilderment juxtaposed amid all these unwanted-sex accusations dating back 30 and 40 years? In settled…” - Spectator.org

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Posted By TheNewsCommenter: From Spectator.org: “Harvey Weinstein? Roy Moore? What About the Crimes of Bill Clinton and Robert Byrd?”. Below is an excerpt from the article.

In this new time warp, are there not aspects of bewilderment juxtaposed amid all these unwanted-sex accusations dating back 30 and 40 years?

In settled law, we have a concept called “statutes of limitation.” Limitations statutes painfully and regretfully recognize that, with the passage of enough time, memories fade and evidence innocently disappears. Moreover, at some point, even the worst of people deserve some sort of repose. Thus, a victim of a tort — a social wrong like a slip-and-fall — may have only two years to sue. If the victim sues even one day late, there is no mercy; the case is dismissed. When a written contract is breached in many states such as California, the victim has four years to seek legal recourse. Sue one day after the statute has run, and no recourse. If the breached contract was not integrated but merely oral, the clock for bringing a legal action runs out at only two years — because there is no documentation to augment other evidence. A case of defamation — only one year. In fact, under a curiosity of the law called the “single-publication rule,” a person defamed in a book that is published in a limited edition — like only eight copies ever produced, placed respectively in eight separate university libraries in hard-to-find archival stacks, such that no one even knows the manuscript is there — also has only one year to sue, even though she does not even know for years and years about the hidden limited volume that basely defames her. The statute runs from when the book is published, not from when the defamation victim or others learn of it.

Thus, it seems rather striking that this Harvey Weinstein Epoch now is resulting in television studios immediately terminating contracts, movie deals being squelched, finished movies being canned before screening, speeches being canceled, guest appearances being rescinded, careers ending — often based on allegations of events that may have happened decades and even scores ago. Just fascinating: the fabulously gifted actor, Kevin Spacey, sunk faster than a victim of President Frank Underwood. The indescribably vile pig, Louis C.K., oink-oinked into oblivion. The cerebral Leon Wieseltier and another at the New Republic. Powerhouses at NPR, at Hollywood studios. Allegations against revered actors like Richard Dreyfuss. And of course the Roy Moore drama, timed so elegantly to erupt days before a critical United States Senate election, notwithstanding that the guy has been a firebrand in the heat of Alabama public life for decades.

To the degree that allegations against Bill Cosby are true (as seems, at least to some degree and perhaps completely), one can grasp that accusers, if drugged and incoherent/quasi-comatose at the time of battery, would be entitled to have their limitations periods tolled, as a matter of fairness, until circumstances evolve so that they reasonably would grasp what may have happened. The law allows that exception to limitations statutes in certain situations where people have been deceived and defrauded to the degree that they could not have known that they were victimized at the time of the tort. Therefore, a “discovery rule” gets tacked onto their limitations period, stopping the clock from running until the plaintiff knew or should have known about the wrong.

And yet the allegation of the 14-year-old who asseverates that she was intimate with a Moore over 30 raises its own questions.

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