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  1. Zugzwang
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    03 Nov '18 18:511 edit
    https://www.theguardian.com/us-news/2018/nov/03/aubrey-lane-american-airlines-lawsuit-sexual-harassment

    "American Airlines passenger who says she was raped in bathroom sues carrier.
    Aubrey Lane says staff failed to protect her and others when they
    served the alleged attacker as many as six alcoholic drinks."

    "Aubrey Lane, 32, claims her seat-mate, whose identity has not been
    released, continually harassed her on an overnight flight from Phoenix
    to New York in June 2017, eventually following her into the lavatory
    and assaulting her.

    In a new federal lawsuit, Lane and another passenger allege airline
    staff failed in their duty to protect her and others when they served
    her alleged attacker as many as six alcoholic drinks and disregarded
    warnings about the man’s behaviour."

    "In court papers, another passenger, referred to as 12C for her seat number,
    in the same row as Lane in 12A and the alleged attacker in 12B, said:
    “I started hearing him say how pretty she was, how lucky her husband
    was to have such a ‘bangin’ wife’ and how ‘what happens on vacation
    stays on vacation’

    He began to move closer to her, grab her face and kiss her, which
    she would push him off and say that ‘couldn’t happen’. He then began
    to tell her he was in love with her, to which she retorted:
    ‘That’s impossible! You can’t fall in love with someone in one night!’
    Which followed a shouting match ..."

    Many women have experienced such advances from drunken men.

    "Lane told the newspaper that after immediately reporting the alleged
    incident to airline staff, she was simply moved to another seat.
    When the plane touched down at New York’s JFK international airport,
    she said, her alleged assailant was allowed to leave, even as she
    was greeted by police and transported to a hospital nearby."

    "According to FBI figures cited in the lawsuit against American, in 2014,
    38 cases of in-flight sexual assault were reported in the US.
    In 2017, there were 63 such cases."

    Under what legal theory would the airline be held liable for one
    passenger allegedly sexually assaulting another?
  2. Subscriberno1marauder
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    03 Nov '18 19:05
    @duchess64 said
    https://www.theguardian.com/us-news/2018/nov/03/aubrey-lane-american-airlines-lawsuit-sexual-harassment

    "American Airlines passenger who says she was raped in bathroom sues carrier.
    Aubrey Lane says staff failed to protect her and others when they
    served the alleged attacker as many as six alcoholic drinks."

    "Aubrey Lane, 32, claims her seat-mate, whose identity ha ...[text shortened]... l theory would the airline be held liable for one
    passenger allegedly sexually assaulting another?
    Several are outlined in the Complaint:

    27. Negligence Cause of Action. Knowing the clear dangers of intoxication and the sexual assault threats especially on red eye flights, American Airlines offered no protection to Aubrey Lane, nor provided any of the enhanced common carrier duties, despite the verbal warnings of Passenger 12C and the obvious obnoxious, aggressive, threatening and intoxicated behavior of Passenger 12B.

    32. Breach of Contract Cause of Action. As a common carrier transporting passenger for a fee, Defendant AMERICAN AIRLINES, INC. contracted with its passengers, including
    Plaintiff, to provide reasonable safe and secure air transportation.

    33. Pursuant to its contractual obligations, including express and implied warranties, Defendant AMERICAN AIRLINES, INC. had a duty to reasonably monitor the behavior and condition of its passengers in order to protect its crew and passengers.

    Additionally, Defendant AMERICAN AIRLINES, INC had a duty to properly train and instruct its ground and flight crew on the procedure for identifying visibly intoxicated passengers,
    denying them the opportunity to board a flight as well as the safe serving of alcohol to its passengers.

    http://3lq1ku40fh612q5lii5rfl0n.wpengine.netdna-cdn.com/wp-content/uploads/2018/11/1.pdf



    If the allegations in the Complaint are true, Ms. Lane appears to have a strong case including one for punitive damages.
  3. Joined
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    03 Nov '18 19:07
    @duchess64 said
    https://www.theguardian.com/us-news/2018/nov/03/aubrey-lane-american-airlines-lawsuit-sexual-harassment

    "American Airlines passenger who says she was raped in bathroom sues carrier.
    Aubrey Lane says staff failed to protect her and others when they
    served the alleged attacker as many as six alcoholic drinks."

    "Aubrey Lane, 32, claims her seat-mate, whose identity ha ...[text shortened]... l theory would the airline be held liable for one
    passenger allegedly sexually assaulting another?
    the way dems have abused sexual assault claims lately I guess no one believes her.
  4. Subscriberno1marauder
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    03 Nov '18 19:10
    @no1marauder said
    Several are outlined in the Complaint:

    27. Negligence Cause of Action. Knowing the clear dangers of intoxication and the sexual assault threats especially on red eye flights, American Airlines offered no protection to Aubrey Lane, nor provided any of the enhanced common carrier duties, despite the verbal warnings of Passenger 12C and the obvious obnoxious, aggre ...[text shortened]... n the Complaint are true, Ms. Lane appears to have a strong case including one for punitive damages.
    This incident took place in June 2017 and was promptly reported to law enforcement authorities; they met Lane when the plane landed.

    I am puzzled why criminal charges have not been filed.
  5. Zugzwang
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    03 Nov '18 19:11
    @mott-the-hoople said
    the way dems have abused sexual assault claims lately I guess no one believes her.
    Aubrey Lane has a corroborating eyewitness of the sexual harassment, though not the alleged sexual assault.
  6. Zugzwang
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    03 Nov '18 19:15
    @no1marauder said
    This incident took place in June 2017 and was promptly reported to law enforcement authorities; they met Lane when the plane landed.

    I am puzzled why criminal charges have not been filed.
    Given that, immediately after landing, Aubrey Lane was taken to a hospital for
    medical evaluation and treatment, was forensic evidence of her alleged rape found?
    In the lawsuit, she may claim to be a victim of a sexual assault, however, falling short of rape.
  7. Subscriberno1marauder
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    03 Nov '18 19:16
    @mott-the-hoople said
    the way dems have abused sexual assault claims lately I guess no one believes her.
    Trump's FBI has declined to charge the alleged rapist:

    . Because the alleged raped happened in the air, FBI has to investigate and prosecute.

    https://www.yourtango.com/2018311679/who-aubrey-lane-new-details-woman-raped-assaulted-american-airlines-fight

    Guess to this administration sexual assault is no big deal.
  8. Subscriberno1marauder
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    03 Nov '18 19:18
    @duchess64 said
    Given that, immediately after landing, Aubrey Lane was taken to a hospital for
    medical evaluation and treatment, was forensic evidence of her alleged rape found?
    In the lawsuit, she may claim to be a victim of a sexual assault, however, falling short of rape.
    Perhaps not, but attempted rape and various related charges which would seem to be relevant are still crimes.
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    03 Nov '18 19:27
    @no1marauder said
    Trump's FBI has declined to charge the alleged rapist:

    . Because the alleged raped happened in the air, FBI has to investigate and prosecute.

    https://www.yourtango.com/2018311679/who-aubrey-lane-new-details-woman-raped-assaulted-american-airlines-fight

    Guess to this administration sexual assault is no big deal.
    I think charges have to be made first...are you that naïve? When did she file charges? OH, its a copycat of blasey ford.
  10. Subscriberno1marauder
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    03 Nov '18 19:461 edit
    @mott-the-hoople said
    I think charges have to be made first...are you that naïve? When did she file charges? OH, its a copycat of blasey ford.
    I suggest you actually read the article.

    In the Federal system, individuals don't "file charges"; law enforcement does:

    Law enforcement obtains a Warrant for Arrest of the alleged offender. The warrant is based on an Indictment (see below) or a Complaint filed with the U.S. District Court. An Affidavit, signed by a law enforcement officer, usually accompanies the Complaint. The Affidavit explains the crime committed as well as the role of the accused in that crime. In other words, the Affidavit is used to establish probable cause that the accused committed the crime.

    https://www.justice.gov/usao-mn/criminal-procedures

    It seems the new right wing thingy to just assume that any alleged victim of sexual assault is lying. That was, of course, a standard belief back when "America was great".
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    03 Nov '18 19:54
    @no1marauder said
    I suggest you actually read the article.

    In the Federal system, individuals don't "file charges"; law enforcement does:

    Law enforcement obtains a Warrant for Arrest of the alleged offender. The warrant is based on an Indictment (see below) or a Complaint filed with the U.S. District Court. An Affidavit, signed by a law enforcement officer, usually accompanies the C ...[text shortened]... im of sexual assault is lying. That was, of course, a standard belief back when "America was great".
    so you prove “Trumps FBI” was not alerted ...now, when did she file with NY officials?
  12. Zugzwang
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    03 Nov '18 19:55
    @no1marauder said
    I suggest you actually read the article.

    In the Federal system, individuals don't "file charges"; law enforcement does:

    Law enforcement obtains a Warrant for Arrest of the alleged offender. The warrant is based on an Indictment (see below) or a Complaint filed with the U.S. District Court. An Affidavit, signed by a law enforcement officer, usually accompanies the C ...[text shortened]... im of sexual assault is lying. That was, of course, a standard belief back when "America was great".
    (No1Marauder replied to Mott-the-Hoopie.)

    "It seems the new right wing thingy to just assume that any alleged victim of sexual assault is lying."
    --No1Marauder

    No, right-wing people have shown readiness, if not eagerness. to believe alleged victims
    of sexual assault if they are white women accusing non-white men, particularly Muslims.

    There was a recent thread about the late Dutch extreme right-wing politician, Willie Dille,
    who accused one of her political enemies of directing Muslims to gang-rape her.
    (She has a long record of doing her utmost to incite hatred against Muslims.)
    She committed suicide. The police stated that they had reached out to her, but
    she had declined to provide any information that could help them start an investigation.

    https://en.wikipedia.org/wiki/Willie_Dille

    KazetNagorra concluded that Willie Dille was mentally ill and most likely fabricated the alleged gang rape.
    On the other hand, GreatKingRat (who has his own record of Islamophobia) seemed
    ready to believe Willie Dille despite the complete lack of evidence or details in her accusation.
  13. Subscriberno1marauder
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    03 Nov '18 19:551 edit
    @mott-the-hoople said
    so you prove “Trumps FBI” was not alerted ...now, when did she file with NY officials?
    OMG.

    I really give up; I have already shown that the FBI is responsible for crimes committed in the air, shown that law enforcement was alerted and so nothing would be filed with NY officials.
  14. Subscriberno1marauder
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    03 Nov '18 19:571 edit
    @duchess64 said
    (No1Marauder replied to Mott-the-Hoopie.)

    "It seems the new right wing thingy to just assume that any alleged victim of sexual assault is lying."
    --No1Marauder

    No, right-wing people have shown readiness, if not eagerness. to believe alleged victims
    of sexual assault if they are white women accusing non-white men, particularly Muslims.

    There was a recent thread a ...[text shortened]... d
    ready to believe Willie Dille despite the complete lack of evidence or details in her accusation.
    Duly noted.

    If it serves the right wing agenda, they are certainly willing to believe any allegation of sexual assault against members of groups they despise.

    If it does not serve the right wing agenda, they are unwilling to and seemingly resist any attempt to charge alleged perpetrators.

    Maybe Ms. Lane should say it was a black or Muslim or Hispanic man who assaulted her; I'm sure than Mott would be all in favor of his arrest and execution.
  15. Zugzwang
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    03 Nov '18 20:11
    @no1marauder said
    Duly noted.

    If it serves the right wing agenda, they are certainly willing to believe any allegation of sexual assault against members of groups they despise.

    If it does not serve the right wing agenda, they are unwilling to and seemingly resist any attempt to charge alleged perpetrators.

    Maybe Ms. Lane should say it was a black or Muslim or Hispanic man who assaulted her; I'm sure than Mott would be all in favor of his arrest and execution.
    https://en.wikipedia.org/wiki/Massie_Trial

    The Massie case (in 1930s Hawaii) involved a respectable white woman falsely accusing
    several Asian or Hawaiian men of raping her. My point is that American racism in
    such cases has been directed against Asians or Pacific Islanders too.

    When Willie Dillie (or anyone else) accused Muslims of raping her, how could she have
    been certain that they were Muslim? Did they quote (in Arabic) from the Quran?
    And, if so, how could she have understood what they were saying?
    Can one always reasonably identify a Muslim just by looking at him?
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