Saints in trouble again

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Saints sex sue threat
EXCLUSIVE by CHRIS TINKLER
09oct05

ST KILDA footballers Stephen Milne and Leigh Montagna face a civil action for damages over allegations of sexual assault made last year.

The woman, who accused the pair of sexual assault after meeting them during celebrations that followed St Kilda's win in the pre-season cup in March last year, is preparing to sue.

http://www.heraldsun.news.com.au/common/story_page/0,5478,16858810%5E661,00.html

 

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Culture:

 

[DynamoUltra]

What is she sueing for? They weren't charged so what hope does she have? None. She's wasting her time.

 

[- PC -]

What is she sueing for? They weren't charged so what hope does she have? None. She's wasting her time.

I could be wrong but I believe there are different burdens of proof required between a criminal and civil matter

 

[eddiesmith]

I could be wrong but I believe there are different burdens of proof required between a criminal and civil matter

Yep, it is much easier to get someone found guilty civilly than Criminally

 

[CrowEater888]

What is she sueing for? They weren't charged so what hope does she have? None. She's wasting her time.

You dont know much about the law do you? Don't confuse civil damages claims with criminal charges, they are not the same. Want a case in point? Look at OJ, he got off for killing his wife but lost the civil suit

She will probably either a) win the civil suit and be paid compensation or b) be paid off before it comes to court by the saints. She isnt wasting her time, the lawyers are probably pro bono and they wouldnt take the case unless they believed they had a strong chance of victory.

 

[kizza]

I could be wrong but I believe there are different burdens of proof required between a criminal and civil matter

Yeah, generally civil law requires proof to be 'on the balance of probability' whereas criminal law requires proof to be 'beyond reasonable doubt'.

This doesn't hold true for all matters, but is generally correct.

 

[Sealen]

Well technically, they're not in trouble again, right?

 

[viccles]

I know zip all about law but they can only be charged for compensation not go to jail or anything right?

 

[Bellablaise]

I know zip all about law but they can only be charged for compensation not go to jail or anything right?

Yep.

Evil lying little cow is just after cash.

 

[JeffDunne]

Bit harsh Bellablaise when we don't know the details of the case.


This made me laugh though :

Dr Vivian Waller, head of the sexual assault unit at law firm Maurice Blackburn Cashman, is understood to be representing the woman

 

[Bellablaise]

Bit harsh Bellablaise when we don't know the details of the case.


This made me laugh though :

Dr Vivian Waller, head of the sexual assault unit at law firm Maurice Blackburn Cashman, is understood to be representing the woman

 

[skipper kelly]

I could be wrong but I believe there are different burdens of proof required between a criminal and civil matter

Balance of probability.

BTW JD. They are vultures, but good at it. Doubt it will see a court room.

 

[Pie 4 Life]

Why haven't they agreed to settle out of court??? It makes no sense, they have the money to do it, why risk going to jail?

 

[The Fireman]

Yep, it certainly seems that it is all about the money, why else would she want to drag all this up again and the dirty laundry that comes with it?
Revenge for what? Show me the money.

 

[Bellablaise]

Why haven't they agreed to settle out of court??? It makes no sense, they have the money to do it, why risk going to jail?

They won't go to jail it's a civil case, not a criminal case, they couldn't charge them in a criminal court cause there was no proof.

The worst that can happen is they'll have to pay compo for something that probably never happened.

 

[tess]

Revenge for what?

If you ask that question, I can't explain what what is.

Show me the money.

Good, hope she gets heaps.

 

[The Fireman]

If you ask that question, I can't explain what what is.




Good, hope she gets heaps.

maybe the boys deserve the money.

 

[campbell]

maybe the boys deserve the money.

Maybe the Saint Kilda football club should not of said her name in the media.

Not only allegedly r*ped, but her name out their for all to see.


If it goes to court, those players sex lives will be laid opoen for all to see, just like they did to her on that night.


Proof is far less for a civil case.They have already admitted the sex act, they just think its ok to have foursomes etc.Imagine what else might come to light.eck ugly stuff.


When will footballers and their egos and their pants think first.

 

[JeffDunne]

People that support Milne and Monty will claim she's a money-grabbing gutter crawler - people that don't will claim she's an innocent victim.

Nothing really new to be discussed on the issue but at least this time the facts will be weighed up in front of a judge. If she's in it for the cash, that will be transparent to any half decent magistrate (especially given the legal representation the boys can afford). If she has been wronged then hopefully she'll get justice. There's no point in settling to avoid mud being thrown as that's already occurred and this probably gives the boys a chance to clear their name in a court of law (albeit not a criminal court).

Unless you know the facts then character assassinations are as low an act as the liar or liars in this case.

 

[The Fireman]

Maybe the Saint Kilda football club should not of said her name in the media.

The players names were open slather

Not only allegedly r*ped, but her name out their for all to see.
If it goes to court, those players sex lives will be laid opoen for all to see, just like they did to her on that night.

She is the one who reported it so she must have known it would be made public. High profile people involved and she is bringing it up again.

When will footballers and their egos and their pants think first.

I am not defending or condemning anyone here but without the evidence not much can be proven suffice to say that it takes 2 to tango.

 

[campbell]

The saints are very very media savvy, they new at the time to muddy the waters by namig this girl.

Enough said.

She didn't name these guys except to police, what the club did was wrong.

She has not spoken in public about this incident, they have.Thats wrong.

 

[Alkaline]

What is she sueing for? They weren't charged so what hope does she have? None. She's wasting her time.

And her money.

 

[dan warna]

Civil cases are balance of probabilities.

the burden of proof is still on the claimant.

if she has sufficient evidence for a civil case then good on her.

I hate rapists, and if milne and monty are guilty and they got off because of insufficient evidence and not because of innocence then I hope she gets them.

if its just a play for cash, or bitterness, then I hope she rots.

I don't think we can make a call on either case without the outcome of the trial.

Democracy and access to courts makes Australia a great nation.

 

[Bellablaise]

The saints are very very media savvy, they new at the time to muddy the waters by namig this girl.

Enough said.

She didn't name these guys except to police, what the club did was wrong.

She has not spoken in public about this incident, they have.Thats wrong.

The players' names were announced in the media.

This kind of thing sticks, and whether or not it is true tends to fall by the wayside.

Why should they have had their characters assassinated while she remained nicely anonymous?