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Remember the Duke LAX rape case?Follow

#127 Jun 21 2006 at 4:51 PM Rating: Good
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Professor CrescentFresh wrote:
EvilGnomes wrote:
If she's working as a prostitute and gets raped, it's still against the law - dicey for her to ask for a prosecution - but it's against the law.
Why?


For the same reason people don't report having their drugs stolen.
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#128 Jun 21 2006 at 4:53 PM Rating: Decent
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Queen bodhisattva wrote:
Professor CrescentFresh wrote:
EvilGnomes wrote:
If she's working as a prostitute and gets raped, it's still against the law - dicey for her to ask for a prosecution - but it's against the law.
Why?


For the same reason people don't report having their drugs stolen.


"Hey! What were you doing with a ****** in the first place?"
#129 Jun 21 2006 at 4:55 PM Rating: Excellent
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Quote:
A convenience store clerk can expect to be robbed. A hooker can expect to be raped.


That's a far cry from saying "In my opinion it's impossible to rob a convenience store clerk." So you're making some progress, apparently.
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#130 Jun 21 2006 at 5:44 PM Rating: Decent
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Totem wrote:
Ok, let me attempt to make myself clearer here, Eske and Bhodi. Due to her chosen profession I believe the rape charge is less a matter of forced or unconsensual sex as much as it is a question of price. Given what a hooker does for a living it is not whether she does or does not, or even if she will or will not, but how much will she earn for doing so. To say otherwise belies her choice of career.

Totem


This is where you are missing the point. It IS a matter of consent--it simply means that for someone who is ALLEGEDLY a prostitute (and you've provided no actual proof that she WAS, merely insinuation about her sexual habits) consent has a price-tag attached, yes, but it STILL comes down to whether or not she consented.

Let's say I wanted to rent your computer, since that's what you admit to whoring yourself out on. I offer you a fee, you accept the fee. I then can claim your computer under the agreed-upon parameters that were negotiated with the fee. If you change your mind and give me back my fee, I can no longer have your computer and taking it is a crime. The fact that you were willing to rent it to me in the first place has no bearing on the matter--you changed your mind and either didn't accept or returned my money, ergo the computer is not mine and no amount of legal double-talk will excuse my using it without your permission.

For a hooker, willingly accepting a "fee" equates to consent to have sex, yes--however, she can still rescind that agreement, return the money, and the guys are entitled to squat when she does so, and having sex with her after she does so is a crime. It doesn't matter if she was willing to sell it to them previously--if she changes her mind and says no, it's rape.

There is no "muddy water" here except in the minds of someone who wants a reason to excuse a rape because the woman somehow "had it coming" by virtue of not being the kind of person of whom they approve. If there's consent, it's not rape. If there's not consent, it is. Even if that consent has a price tag attached, IT'S STILL RAPE IF THAT CONSENT IS SUBSEQUENTLY WITHDRAWN. It's that clear-cut. I highly suspect that if she had been a white stripper, you 1) wouldn't be so insistent that she was also a prostitute, and 2) would be more willing to acknowledge that regardless of her profession, it IS still rape if she is forced to have sex against her will.

#131 Jun 21 2006 at 6:01 PM Rating: Decent
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Totem wrote:
I agree with that assertion, FleaJo1. Yet the only caveat I'd add is that by being a prostitute she is subjecting herself to that behavior voluntarily. By placing herself in a situation with the full knowledge of the likely end results of her choices, she becomes at least somewhat culpable for being raped.


Again with the "blame the victim" game.

She walked down the street wearing a short skirt--it's her fault she was raped! She got drunk at a party--it's her fault she was raped! She went out on a date with me--it's her fault she was raped!

Again, given the fact that your claims that she's a prostitute are completely unsubstantiated by anything other than "golly, she seems to sleep around a bit--she must be a pro!" this claim that she "should have known" where it was going to lead is no more legitimate than claiming a woman should have known she was going to get raped for wearing a short skirt.

Even if she IS a prostitute, the the only "end results of her choices" she has any cause to suspect is that she will engage in consentual sex as part of a business transaction. If for some reason the anticipated dynamic changes to the point where the sex is not consentual, it becomes rape, BOTTOM FU[black][/black]CKING LINE! Just because she entered a situation where it MIGHT happen doesn't mean she's to blame because it DID happen. The ONLY behavior to which she might have "willingly subjected herself" is still behavior that relies upon her consent.

#132 Jun 21 2006 at 6:04 PM Rating: Decent
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Totem wrote:
No, Bhodi, I'd say that the entire team present at the party should have been expelled from school for conduct unbecoming to the university. Make no mistake about it, I see no discernable difference between the immorality of, say, underage drinking and hiring strippers. As a parent I wouldn't want my kid engaged in either of these exploits. And I'd be even more angry if he was on scholarship and had done such a stupid thing.

Totem


And yet here you are bemoaning the destroyed futures of these poor innocent lambs, such as the fact that one of them has lost the job that had been offered to him.

Come on, you can't have it both ways--either they deserve to be punished for their actions or they don't, which is it? Is the punishment for the fact that they behaved badly somehow less valid because the knowledge of that bad behavior is brought to light due to a woman of (allegedly) less than sterling character?

#133 Jun 21 2006 at 6:08 PM Rating: Excellent
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Ambrya wrote:
If for some reason the anticipated dynamic changes to the point where the sex is not consentual, it becomes rape, BOTTOM ******* LINE!


This is what every post should just say over and over.

Nexa
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#134 Jun 21 2006 at 6:10 PM Rating: Excellent
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Nexa wrote:
Ambrya wrote:
If for some reason the anticipated dynamic changes to the point where the sex is not consentual, it becomes rape, BOTTOM @#%^ING LINE!


This is what every post should just say over and over.

Nexa


Yeah, but then you just get a bunch of guys drooling "MMMMM, bottom fu[Aqua][/Aqua]cking.... MMMMMMM."

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#135 Jun 21 2006 at 6:12 PM Rating: Decent
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Totem wrote:
A boxer can expect to be pummeled.


ONLY within the boxing ring under the rules of the match. Anything else is assault--plain and simple.

Quote:
A convenience store clerk can expect to be robbed.


While this may be true, it's not an appropriate analogy to what you have been arguing, which is that a convenience store clerk CAN'T be robbed, because he regularly sells what someone has now decided to take.

#136 Jun 21 2006 at 6:50 PM Rating: Decent
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Nexa wrote:
Ambrya wrote:
If for some reason the anticipated dynamic changes to the point where the sex is not consentual, it becomes rape, BOTTOM @#%^ING LINE!


This is what every post should just say over and over.

Nexa


Ahhh, but then we set the stage for an even more slippery slope!

Rape is rape. I didn’t argue that before and I won’t now.

Of course we can’t decry this woman for her nature of being just that, a woman. Of course we can’t condemn her for doing her job of an “exotic dancer.” OF COURSE WE CAN’T disparage against her for knowing she was previously turning tricks for other men earlier that week, went to a party with no hired muscle to protect her with a bunch of drunk sports players all the while having another dancer friend swear there was no rape, and a security guard correspond this same story.

But rape is rape, bottom fu[/red]cking line.

Quote:
If for some reason the anticipated dynamic changes to the point where the sex is not consensual, it becomes rape, BOTTOM @#%^ING LINE!


Great idea when placed in a moral setting.
Pure sh[red]it when placed in a legal setting. Congratulations, you just opened the way for every gold digging ***** (and there are A LOT of you out there) to finally strike it rich. Let’s use millions of years of evolution against that which has a *****.......Not bad, actually. It doesn’t take much to crumble a mans’ control and make him cave for dat golden pus[/red]sy (though I imagine hers’ to be abit tarnished to the tune of bronze)

Any woman can simply say “NO!” after enticing a man, taking him to a secluded spot, engaging in intercourse with him for a period of time, then deciding she can successfully employ her plan to cry rape and get way more money\attention\power from destroying these individuals’ lives. The sad part is, even if he does comply, it doesn't matter. The plan was successful, time to sue the collage and the dorm security and the state, and the players and their families and ..... well, you get the point.

Hell, why not play that lovely race card and get NATIONAL attention along with it? Oh, that’s right! She did.


This case…. And the facts presented thus far… lead me to believe there was no alleged “rape.”

But rape is rape, bottom fu[red]
cking line.

Fu[/red]ck, all women have to do these day is pretend they say no, in their own fu[red]cking heads and they automatically get m0ni3$!1!

This bi[/red]tch is so going to fu[red]ck any other woman out there who really was raped with all this bullsh[/red]it. I would think you would be all over her sh[red]it for helping to set new precedence after they find out she’s nothing but a ***** in this case. Then we get new rape case constraints more to the tune of Gbaji’s ideals on the subject.

Great job femanazis. Pat yourselves on your hairy backs and get Rosie O'Donnell on board for the book drive.

Edited, Jun 22nd 2006 at 11:01am EDT by Molish

Edited, Jul 4th 2006 at 4:02pm EDT by Molish

Edited, Jul 4th 2006 at 4:04pm EDT by Molish

Edited, Jul 4th 2006 at 4:04pm EDT by Molish

Edited, Jul 4th 2006 at 4:04pm EDT by Molish

Edited, Jul 4th 2006 at 4:05pm EDT by Molish
#137 Jun 21 2006 at 6:54 PM Rating: Excellent
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Thinking all women are out to cry rape and ***** over men for money is about as reasonable as saying that all men rape women. To accuse someone of rape who is innocent of such a disgusting crime should earn you a spot in your own circle of hell. However, this doesn't invalidate the sexual assaults of all women.

Nexa
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#138 Jun 21 2006 at 6:57 PM Rating: Decent
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"Try actually READING my fu[red][/red]cking posts next time" - Polish disclaimer (It's Bodhi approved!)

Nexa wrote:
Thinking all women are out to cry rape and ***** over men for money is about as reasonable as saying that all men rape women. To accuse someone of rape who is innocent of such a disgusting crime should earn you a spot in your own circle of hell. However, this doesn't invalidate the sexual assaults of all women.

Nexa


Completely agree, as I stated in the previous post.


Molish wrote:
This case…. And the facts presented thus far… lead me to believe there was no alleged “rape.”


Never said every women would do this.

Molish again wrote:
Congratulations, you just opened the way for every gold digging ***** (and there are A LOT of you out there) to finally strike it rich


Edited, Jun 22nd 2006 at 11:01am EDT by Molish
#139 Jun 21 2006 at 7:11 PM Rating: Excellent
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Well what would you suggest, alternatively? To make rape less of a crime because someone may lie about it? I'm not being sarcastic here, really. I just don't get what your point is exactly.

Nexa
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#140 Jun 21 2006 at 7:16 PM Rating: Decent
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Quote:
This case…. And the facts presented thus far… lead me to believe there was no sex (consensual or not) by the Duke team.


In other words no team winkies touched ***** hoo-has.

edited to add *** or mouth either.

Edited, Jun 21st 2006 at 8:16pm EDT by AngryUndead
#141 Jun 21 2006 at 7:49 PM Rating: Decent
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Nexa wrote:
Well what would you suggest, alternatively? To make rape less of a crime because someone may lie about it? I'm not being sarcastic here, really. I just don't get what your point is exactly.

Nexa


I had a point.....? Oh yea!

The punishment is generally fine as it stands.
Though, personally I would do much, much more to repeat offenders

Society in general needs not make such hasty accusations. Leave it upon the shoulders of judges, jurors, prosecutors, and defendants to decide the fate of those whom stand accused. Political and personal persuasion need not apply in the courtroom. Her ladyship of justice is blind, after all.

Sensationalism has become the judge, jury, and executioner in this day and age. Those who rely on the glowing boxes and government agents to bring us our snippets of (mis) information are doomed to repeat these mistakes of mob mentality.

A prime example of which I have become with previous posts. But playing devils’ advocate is so much more fun.

Edited, Jun 22nd 2006 at 11:00am EDT by Molish
#142 Jun 21 2006 at 8:01 PM Rating: Good
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The Glorious Atomicflea wrote:
Totem wrote:
FleaJo1 cites, "The crime has been defined so as to require proof of actual physical resistance by the victim..." It has to, barring any other form of evidence (witnesses, etc). Otherwise any form of consentual sexual activity could later be construed as rape-- which indeed has been a troublesome issue in many cases.
Not that consensual sex hasn't ever been framed as a false rape charge, but you're missing the point of the article, that mistrust of women has become ingrained in the law, and the point of view you advocate is far from the minority view.


Just an observation. In any other area of law, we'd call that "presumption of innocence". What Totem's trying to point out (and which I've tried unsuccessfully on many occasions), is that while there's certainly some absolute "truth" of whether a rape occured or not, our legal system requires proof of a crime in order to convict someone. Within a legal context, it's not what something is but what can be proven.


In a contrived example where we know the absolute "truth" of the situation, we can always correctly label something. We can declare with absolute certainty that if she says stop and he doesn't stop, then that is rape. However, that type of example becomes useless in a legal sense, because no one other then the two people involved will ever know for sure what exactly happened. Barring some evidence other then their own testimony, there is absolutely no way for anyone else to know for sure. And since our legal system is based on a trial by jury system, it's what can be proven to other people that matters.

And since the accused is given the presumption of innocence in our legal system, it is up to the accusor to provide "proof" beyond her own claims.


The problem is that everyone seems to argue using the contrived examples, which makes the issue seem "clear" to them, but that clarity disappears once we get into a real case with real people and real evidence (or lack). For example, in Smash's contrived case of a women who's paid to have sex with 1000 men, but says no on the last guy, we can say it's rape only because Smash has contrived the situation such that we know she said no on the last guy. If we were a jury, and the only evidence presented to us was the woman's claim that she willingly had sex with 999 guys, but then didn't want to do that last one, and the last guy says that she didn't say no, what would you do? Assume the woman is telling the truth? Assume the man is? And can you honestly say that in this case any jury would find the woman's claim to have merit? Once we remove the absolute knowledge from the situation we can't say a rape has occured anymore.

Totem's point is just that a jury is far less likely to believe that the woman in that case was raped, then if those other 999 willing sexual acts had not occured... Which is a reasonable and logical point to make.
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#143 Jun 21 2006 at 10:20 PM Rating: Good
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"That's a far cry from saying "In my opinion it's impossible to rob a convenience store clerk." So you're making some progress, apparently." --Sammy

See? I'm a progressive thinker! Maybe a bit slow, a bit curmudgeony, a bit chauvinistic, but steadily improving. In a matter of a decade or so I'll be so evolved that I'll be firmly esconced in the Democratic camp preaching the gospel of inclusion and tolerance to the benighted conservatives still clueless in the dark. And who ever said debate here in the Asylum never changed people's minds!

Totem
#144 Jun 21 2006 at 10:26 PM Rating: Good
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"Let's say I wanted to rent your computer, since that's what you admit to whoring yourself out on. I offer you a fee, you accept the fee. I then can claim your computer under the agreed-upon parameters that were negotiated with the fee. If you change your mind and give me back my fee, I can no longer have your computer and taking it is a crime." --Ambrya

If such a transaction were to take place I'd say it'd be a safe bet we'd be exchanging CSTDs. The good news is that Norton Disk Doctor can give you a shot that clears it all up in a day or so.

Totem
#145 Jun 21 2006 at 10:34 PM Rating: Good
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And, btw, Ambrya, I find it interesting that you are so convinced I am racially bigoted to the point that you think a stripper's color of skin would be a factor in my opinion about this case. Outside of a long running gag about me being equipped prodigiously with an ebony spear, I cannot think of an instance where I might have made a denigrating remark to the effect of "that black *****" or something more offensive. That tells me you are either reading much deeper into what I write or perhaps gives a glimpse into your own personal racial biases and are reflexively reacting more to your own baser opinions than to mine.

Totem
#146 Jun 21 2006 at 11:25 PM Rating: Decent
If the case is thrown out because of lack of evidence, the defendants should file a complaint with the state Bar for malicious prosecution. If there is enough evidence, the case should go to trail and stand on the merit of the evidence. It's pretty much as simple as that. Doesn't matter if she is a ***** or not.
#147 Jun 21 2006 at 11:28 PM Rating: Good
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Totem wrote:
And, btw, Ambrya, I find it interesting that you are so convinced I am racially bigoted to the point that you think a stripper's color of skin would be a factor in my opinion about this case. Outside of a long running gag about me being equipped prodigiously with an ebony spear, I cannot think of an instance where I might have made a denigrating remark to the effect of "that black *****" or something more offensive. That tells me you are either reading much deeper into what I write or perhaps gives a glimpse into your own personal racial biases and are reflexively reacting more to your own baser opinions than to mine.

Totem


Though I personally didn't suspect a racial bias, I think it's probably because of the acidic tone with which you described the "black community trying to hang some innocent white youths" a little earlier in the thread.

Molish wrote:
Any woman can simply say “NO!” after enticing a man, taking him to a secluded spot, engaging in intercourse with him for a period of time, then deciding she can successfully employ her plan to cry rape and get way more money\attention\power from destroying these individuals’ lives. The sad part is, even if he does comply, it doesn't matter. The plan was successful, time to sue the collage and the dorm security and the state, and the players and their families and ..... well, you get the point.


I don't know what you mean by "society shouldn't make such hasty assumptions". Isn't automatically assuming that the woman is lying a pretty quick assumption? You're advocating stripping away women's ability to properly allege a crime as written in law based on an assumption.

Here's the thing. See, it's a commonly held belief that women lie about rape with some frequency in order to accomplish some underhanded motive (getting money, attention, blah blah). Government studies, however, found that false rape accusations occured at the exact same rate as false accusations for any other crime.

As for the situation that you're referring to, if a man is honest about what happened, and tells a jury that when the woman said "no", that he stopped, then there's reasonable doubt associated with the case. The circumstances will differ each time, but a man is equiped to deal with someone "goldigging" by crying rape falsely. But still, that's not the methodology by which we should decide how the law is approached.

Edited, Jun 22nd 2006 at 12:29am EDT by Eske
#148 Jun 22 2006 at 8:29 AM Rating: Decent
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Quote:
I don't know what you mean by "society shouldn't make such hasty assumptions". Isn't automatically assuming that the woman is lying a pretty quick assumption? You're advocating stripping away women's ability to properly allege a crime as written in law based on an assumption.


Yer fu[red]
cking kidding me, right? Do I have to spell out the entire context of my fu[/red]cking posts for you tards?

Molish wrote:
A prime example of which I have become with previous posts. But playing devils’ advocate is so much more fun.


Lern 2 re@d KKthXby3!1!eleven!1

Quote:
Here's the thing. See, it's a commonly held belief that women lie about rape with some frequency in order to accomplish some underhanded motive (getting money, attention, blah blah). Government studies, however, found that false rape accusations occured at the exact same rate as false accusations for any other crime.


Here’s the thing, your a fu[red]
ck job. If I was actually arguing for EVERY WOMAN IN THE WORLD DOING THIS, you might have a point. However...

Nexa wrote:
Thinking all women are out to cry rape and ***** over men for money is about as reasonable as saying that all men rape women. To accuse someone of rape who is innocent of such a disgusting crime should earn you a spot in your own circle of hell. However, this doesn't invalidate the sexual assaults of all women.

Nexa
molish wrote:
Completely agree, as I stated in the previous post.
Molish in a previous post wrote:

This case…. And the facts presented thus far… lead me to believe there was no alleged “rape.”
molish again wrote:
Never said every women would do this.

molish yet again wrote:

Congratulations, you just opened the way for every gold digging ***** (and there are A LOT of you out there) to finally strike it rich


Lern 2 re@d KKthXby3!1!eleven!1again

Quote:
As for the situation that you're referring to, if a man is honest about what happened, and tells a jury that when the woman said "no", that he stopped, then there's reasonable doubt associated with the case. The circumstances will differ each time, but a man is equiped to deal with someone "goldigging" by crying rape falsely. But still, that's not the methodology by which we should decide how the law is approached.


What fu[/red]ck world to you live in? Sure, everythign is fine a dandy IF he gets his good name cleared (even then, thats not always true). What the fu[red]ck do you think happends before that?

molish AGAIN wrote:
Society in general needs not make such hasty accusations. Leave it upon the shoulders of judges, jurors, prosecutors, and defendants to decide the fate of those whom stand accused. Political and personal persuasion need not apply in the courtroom. Her ladyship of justice is blind, after all.

Sensationalism has become the judge, jury, and executioner in this day and age. Those who rely on the glowing boxes and government agents to bring us our snippets of (mis) information are doomed to repeat these mistakes of mob mentality.


Lern 2 re@d KKthXby3!1!eleven!1again again

He is tarred and feathered before his very town\society\friends\family. They judge before it ever goes to court. He loses jobs, is put in jail, is demonized by his peers, and generally a guilty until proven innocent is cast upon him the entire length of the trial, just like these guys.

Seriously, you’re trolling, right? No one can be this stupid, right?
I can’t spoon fed you any more conclusions. Try actually READING my fu[red][/red]cking posts next time instead of pretending you know what I’m saying.


Edited, Jun 22nd 2006 at 11:00am EDT by Molish
#149 Jun 22 2006 at 8:34 AM Rating: Decent
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. If we were a jury, and the only evidence presented to us was the woman's claim that she willingly had sex with 999 guys, but then didn't want to do that last one, and the last guy says that she didn't say no, what would you do? Assume the woman is telling the truth? Assume the man is? And can you honestly say that in this case any jury would find the woman's claim to have merit? Once we remove the absolute knowledge from the situation we can't say a rape has occured anymore.


Right, we might have to decelop some sort of process with rules regarding evidence and questioning and protecting the rights of both parties trying to strike a ballance as near we can to justice that wouldn't involve what telephone repairman thought.

Shame we can't come up with something like that.

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#150 Jun 22 2006 at 9:47 AM Rating: Excellent
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Quote:
Sensationalism has become the judge, jury, and executioner in this day and age. Those who rely on the glowing boxes and government agents to bring us our snippets of (mis) information are doomed to repeat these mistakes of mob mentality.


Are you somehow under the impression that sensationalism and the mob mentality are new?
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#151 Jun 22 2006 at 9:52 AM Rating: Good
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Molish wrote:
Try actually READING my fu[red][/red]cking posts next time


You might want to put that at the top next time. I don't think anyones going to bother to read through enough of that /butthurt rambling you call a post to pick up on this.
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