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In reply to the discussion: I was threatened with rape today, NSFW [View all]justiceischeap
(14,040 posts)138. For BainsBane and the Admins
I know tons of folks have been sending you information but I thought I'd post this here as well so others know how serious this is:
Use of the internet to threaten the person of another constitutes a violation of 18 U.S.C. § 875 ( interstate communication of threat to injure) If it is communicated interstate, federal jurisdiction is created.
Please see the statute at the following link:
http://www4.law.cornell.edu/uscode/18/875.html
To constitute "a communication containing a threat" under Section 875(c), a communication must be such that a reasonable person (1) would take the statement as a serious expression of an intention to inflict bodily harm (the mens rea), and (2) would perceive such expression as being communicated to effect some change or achieve some goal through intimidation (the actus reus). A message is a "threat" if a reasonable recipient would tend to believe that the originator of the message was serious about his words and intended to effect the violence or other harm forewarned, regardless of the speaker's actual motive for issuing the communication.
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person with the specific intent that the statement made verbally in writing or by means of an electronic communication device is to be taken as a threat even if there is no intent of actually carrying it out which on its face and under the circumstances in which it is made is so unequivocal unconditional immediate and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety.
It is not necessary for the victim to actually be placed in fear of imminent serious bodily injury or for the accused to have the capability or the intention to actually carry out the threat. The offense is completed if the accused, by his threat, sought as a desired reaction, to place a person in fear of imminent serious bodily injury.
http://answers.uslegal.com/criminal/16784/
Please see the statute at the following link:
http://www4.law.cornell.edu/uscode/18/875.html
To constitute "a communication containing a threat" under Section 875(c), a communication must be such that a reasonable person (1) would take the statement as a serious expression of an intention to inflict bodily harm (the mens rea), and (2) would perceive such expression as being communicated to effect some change or achieve some goal through intimidation (the actus reus). A message is a "threat" if a reasonable recipient would tend to believe that the originator of the message was serious about his words and intended to effect the violence or other harm forewarned, regardless of the speaker's actual motive for issuing the communication.
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person with the specific intent that the statement made verbally in writing or by means of an electronic communication device is to be taken as a threat even if there is no intent of actually carrying it out which on its face and under the circumstances in which it is made is so unequivocal unconditional immediate and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety.
It is not necessary for the victim to actually be placed in fear of imminent serious bodily injury or for the accused to have the capability or the intention to actually carry out the threat. The offense is completed if the accused, by his threat, sought as a desired reaction, to place a person in fear of imminent serious bodily injury.
http://answers.uslegal.com/criminal/16784/
What TD did IS a crime and the fact that the Admins insist that his being banned is sufficient is, IMO, criminal in and of itself. They should be willingly and proactively working with BB to make sure this person is handled in a legal manner... not just under "community standards." EarlG, Skinner and Elad may not take this seriously and see it as trolling internet behavior but, I'll repeat, THIS IS A CRIME and they're letting the perpetrator get away with it by not being proactive.
If the Admins won't post a policy to try and curb this behavior, the least they can do is reach out to LEO's and have this investigated. 'Cause let me tell you this much, if this happened to me and, goodness forbid, the Internet situation turned into a real life situation, I'd sue this site for everything they had for turning a blind eye--I may not win but I'd make them understand financially how egregious they've been with their lack of attention to this matter. And if that statement gets me banned, so be it. When EarlG commented the way he did to Boston Bean and basically blamed her for giving the guy more attention, my blood boiled. If this was happening to one of their female family members on a constant basis, I think their attitude (or at least I hope their attitudes) would be different.
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That's really messed up. Whoever did that should be ashamed of themselves. nt
Electric Monk
Sep 2014
#1
It is completely and utterly unacceptable. We need to make that clear above all else.
nomorenomore08
Sep 2014
#43
I always get lured into supporting DU with the Valentine heart give away, but no more.
CrispyQ
Sep 2014
#120
Per the link in the OP, that poster was banned from Discussionist yesterday. (n/t)
Jim Lane
Sep 2014
#180
I think you can have their ISP served with a subpoena (I forget if it's another legal form)
R B Garr
Sep 2014
#17
And that's at least the good thing about having stalkers posting on a related site--
R B Garr
Sep 2014
#40
"I'm a proud, conservative leaning person who can't wait to vote Republican"
pintobean
Sep 2014
#287
".. who can't wait to vote Republican in a couple of months." Sorry, you're not very
Cha
Sep 2014
#319
I am so sorry that happened, and even more sorry that the response was so lacking. nt
LeftyMom
Sep 2014
#22
He used the term "motivation" instead of "motive." The former word implies "being GIVEN a reason."
WinkyDink
Sep 2014
#100
I know, you'd think that he'd not want to bring up stalking, lest anyone notice something, TBH, odd
bettyellen
Sep 2014
#333
Actually he said STOP to CreekDog's post that called him on his perpetual confusion
R B Garr
Sep 2014
#274
OMFG what is wrong with people??? Simple disagreement sends them into a murderous rage
nomorenomore08
Sep 2014
#28
at a minimum contact the administrator of the site where you saw that online threat. Also, you may
still_one
Sep 2014
#60
Seconding that. This kind of stuff could potentially be life-threatening. nt
AverageJoe90
Sep 2014
#79
Rape is a crime of violence and dominance that uses sex as the weapon.
Half-Century Man
Sep 2014
#84
I am so sorry. That person is disgusting, and if possible, should be reported.
LeftishBrit
Sep 2014
#86
Skinner already knows The Doctor's IP. You can contact him and then launch a complaint to TD's ISP.
chrisa
Sep 2014
#105
It's almost like the jury system has made the obsessive types more bloodthirsty
R B Garr
Sep 2014
#185
Yeah, many seem to wash over the fact that many of them have accounts here.
boston bean
Sep 2014
#112
"I can't imagine... why anyone would feel hostile to you" is your response.....
boston bean
Sep 2014
#128
It may be that more than a few people merely give zero credibility to your sincerity or truthfulness
LanternWaste
Sep 2014
#338
Baines, I am sorry that happened to you. No one should be threatened with bodily harm
Tuesday Afternoon
Sep 2014
#129
...' the Admins insist that his being banned is sufficient is, IMO, criminal in and of itself. '
JaydenD
Sep 2014
#140
This is beyond sad. If it's Discussionist, then Skinner, et al., need to own this.
NYC_SKP
Sep 2014
#142
Baines, I am sorry you have been threatened with violence which is what rape consists of
kmlisle
Sep 2014
#149
That is bullshit that you got banned from the site while the misogynists are given a pass
Bjorn Against
Sep 2014
#176
They say I was a sock, I had name removed and my post gone from the record...
boston bean
Sep 2014
#177
I do not understand the logic behind that move. The reasoning is unsound.
Tuesday Afternoon
Sep 2014
#193
It could all be handled so easily. It needs to de-esculate and quickly. I wish Admin would be
Tuesday Afternoon
Sep 2014
#214
In the Montgomery bus strike of 1963, would they just say both sides' incivility...
CreekDog
Sep 2014
#217
Well, you know they had to say "sockpuppet" since that's the most offensive thing to them
cui bono
Sep 2014
#252
At this point it is my opinion that anyone who caters to an atmosphere of hate and
JTFrog
Sep 2014
#194
Who do you think should be held accountable for a banned troll who went 28-0 on 4 juries? nt
msanthrope
Sep 2014
#326
I think the idea is that the atmosphere over there made him comfortable enough
nomorenomore08
Sep 2014
#327
Well, Death Threat Guy and Library Girl feel comfotable enough here to keep plugging away at it.
msanthrope
Sep 2014
#328
Just that there's been a persistent pattern of insults and veiled threats directed at "feminazis"
nomorenomore08
Sep 2014
#329
DU does tend to permit more reactionary views on gender than a progressive website should.
nomorenomore08
Sep 2014
#356
Exactly what was the "disagreement" about? I'd have to know that before I can judge. n/t
nomorenomore08
Sep 2014
#358
I wont speak about discussionist, dont want to get in trouble with admins and mods and unfair juries
randys1
Sep 2014
#159
Not sure, i clicked the links and saw the profile of the criminal but not the comments you reported
randys1
Sep 2014
#166
I do have acct, i may be confused as to how to use these sites, am I able to see a post that
randys1
Sep 2014
#275
In addition to going to law enforcement, you have the option of civil action.
Jim Lane
Sep 2014
#186
Wow, that poster looks to be completely unhinged. How does a man build up that much hate
Rex
Sep 2014
#187
I went there once when it was fairly new, saw what it was, and knew it wasn't for me.
Iggo
Sep 2014
#202
That's wrong on many levels. I'm sorry you have to endure that and other comments.
aikoaiko
Sep 2014
#197
That behaviour comes from knowing you're a man but also knowing that you're an inferior one.
savannah43
Sep 2014
#205
Take online threats seriously. contact your local police. contact the board admin & have them,
Sunlei
Sep 2014
#222
Several years ago I did a big expose on an republican congress turd.
Boudica the Lyoness
Sep 2014
#231
This does warrant an immediate report to police or what ever authorities you can find.
gordianot
Sep 2014
#282
I agree that it is vile for someone to do that and I'm sorry they threatened you
davidpdx
Sep 2014
#294
Yes, alot of white men do get it. But they aren't the ones running this joint
Number23
Sep 2014
#307
Again, not surprising. When the admins had it brought to their attention that GD had lots of crap
Number23
Sep 2014
#322
Yeah, disappointing to see the anger expressed at bringing the Discussionist issues here-
bettyellen
Sep 2014
#348
I think it is clear their business model is incompatible w/ oversight - it doesn't include any
bettyellen
Sep 2014
#354
I hate to jump to the obvious conclusion, but he's clearly anxious about having a tiny cock
LeftyMom
Sep 2014
#330