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A Judge Dismisses the Lawsuit Against the Catholic Diocese

22 Monday May 2017

Posted by Michael Kuehl in Abigail Simon, lawsuit, Uncategorized, women as rapists, women sex offenders

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Abigail Simon, Abigail Simon lawsuit, Barton Dieters, media sex hysteria, women as rapists

Writes John Tunison at mlive.com:

A judge has dismissed a lawsuit against the Catholic Diocese of Grand Rapids and three Catholic school employees filed by the teen sexual assault victim of tutor Abigail Simon…Attorneys for the teen -who was a 15-year-old Catholic Central High School student when he had sexual encounters with tutor Abigail Simon- have filed an appeal with the state Court of Appeals…In late 2015, the teen filed a lawsuit against the Diocese, Grand Rapids Catholic Secondary School and three administrators, claiming not enough was done to prevent Simon from abusing the teen.

But Kent County Circuit Judge George Quist granted a motion to dismiss the case. In a written opinion, Quist disagreed with claim that school officials knew or should have known that Simon was involved in relations with the teen. “By plaintiff’s own testimony, no school staff member saw or had reason to believe that he and Simon were engaged in a sexual relationship,” Quist wrote….In the lawsuit, the teen sought damages of at least $25,000 from the schools and the administrators. (mlive.com, 3/15-2017.)

Obviously, if there was any evidence to support the allegations in this lawsuit against the Diocese and “three administrators” -that “school staff members” knew that Abigail was having sex with the football star and other male students at two high schools and “accosting” minors for “immoral purposes” but didn’t inform the authorities- the judge would not have dismissed the lawsuit. So, apparently, the allegations were all lies and exaggeration -apart from Abigail having sex with the young man, assuming he didn’t force himself on her, and exchanging hundreds of emails and text messages- as I argued in my post “Abigail is Sued by Her ‘Victim’.”

Good news for the Diocese, but not for Abigail?

The Michigan Supreme Court ruling that mandatory minimum sentences were “unconstitutional” and the appellate court decision upholding her convictions but ordering a re-sentencing should have resulted in her release from prison on “time-served” or at least a sentence of 3-4 years with “time-served” and also the overturning of her life-sentence of electronic parole monitoring with an ankle-tether/”bracelet.” But, deplorably, the judge who had no discretion but to impose the mandatory-minimum sentence of 8-25 years in prison and all the other penalties now had the discretion to impose a far less punitive sentence but instead chose to uphold her grotesquely draconian/Orwellian sentence.

Apart from cravenness, which was paramount (as I explained in the previous article on Abigail’s re-sentencing), another reason the judge might have upheld her draconian/Orwellian sentence -not only that of 8-25 years in prison but also the life-sentence of electronic parole monitoring- is that he believed all or most of the accusations in the lawsuit filed against the Catholic Diocese and Abigail by her “victim.”

If this is true, at least to some degree, however large, then his view of Abigail as a “predator” who deserved to be imprisoned for at least 8-years if not longer and subjected to a life-sentence of electronic-monitoring was based on lies and exaggerations.

“…not enough was done to prevent Simon  from abusing the teen.” If the “victim” experienced acts of coitus and fellatio and so forth with Abigail and also the hundreds of emails and texts they exchanged as “abusive” rather than thrilling and gratifying and empowering, all he had to do was end the relationship. And if Abigail was the initiator and aggressor, all he had to do was say “no” and he would not have been “abused” by having sex with an attractive and desirable woman. We’re supposed to believe that a 6’3″, 220 lb. biological man and football star was so terrified of Abigail because of her age and power and authority -when he outweighed her by almost a 100 pounds and was at least 6-8 times stronger in the upper-body- that he was too afraid to say no, initially, and repel her importunities, assuming she was the “aggressor,” and then too fearful to end the relationship. And, also, that he was too young and immature to consent to or initiate sex, knowingly and willingly, with an adult female. (I discuss this at length in “More on Traumatization” and also in many other article/blog-posts.)

Assuming she’s lying, the reason he assented to or initiated sex with Abigail and didn’t end the affair is because the sex was thrilling and gratifying and empowering. And so, too, the hundreds of emails and text-messages. And even if he didn’t rape and terrorize her, even if he never forced himself on her, it’s not only possible, I’d say it’s likely, that he was the aggressor. And even if Abigail was the initiator, it’s reasonable to assume that she was responding, usually if not always, to his messages, not vice-versa, probably because she didn’t want to have sex with him as she testified in court and told the police and prosecutors. If so, she was telling the truth about his “controlling her life,” essentially, and perhaps also as to her fearing him, though with lies and exaggerations.

Her “Victim” Should Sue the Media and the State of Michigan.

28 Sunday Aug 2016

Posted by Michael Kuehl in "traumatization", Abigail Simon, appeal, CSA victimology, lawsuit, Uncategorized, women as "pedophiles" and "child molesters", women as rapists, women sex offenders

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"traumatization", Abigail Simon, Abigail Simon Appeal, Abigail Simon lawsuit, Abigail Simon resentencing, media sex hysteria, traumatized, women sex offenders

“Battery,” “emotional distress,” “anxiety,” “psychological pain and suffering,” “freight and shock and embarrassment, humiliation, and mortification (talk about redundancy!),” “trauma,” ad nauseam.

If any of this is true rather than contrived and imagined and grossly exaggerated, and probably or clearly a result of this affair as a whole (the intrigue, her arrest, incarceration, prosecution, the pre-trial hearings, trial, conviction, sentencing, her current enslavement, appeal, re-sentencing, his lawsuit, etc.) rather than the stresses of life in general and being a college student and football player, it’s not a result of his liaison with Abigail as a young man of 15 but rather a corollary of the law, the criminal justice system and its gendarmes and functionaries, and the media:

* the arrest and jailing of the woman he loved and who gave him the sex he craved and enjoyed more than her and may have initiated even if she’s lying about his forcing himself on her; the destruction of their love affair and separation from the woman he loved and who loved him, if she’s lying, and whom she transported, willingly, to carnal elysium if the liaison was fully or largely consensual;

* her prosecution, the pre-trial hearings in which he first testified that he forced himself on Abigail and then claimed the sex was factually consensual, apparently threatened with charges of rape if he didn’t change his story so Abigail could be charged with 4-counts of first-degree CSC rather than simply “accosting a minor for immoral purposes;” the trial and hours of testimony under cross-examination; her conviction and incarceration;

* the sentencing in which she was shackled, gratuitously for no exigent and practical reason for over 2-hours, in handcuffs attacked to a waist-chain and leg-irons, so debilitated by fear and despair and anguish and lack of sleep that she could barely walk or even stand and almost collapsed twice; often sobbing, before the judge sentenced her to 8-25 years in prison and a lifetime of draconian/Orwellian persecution; her enslavement, the appeal (denied by the trial judge and then an appellate court), her imminent or ultimate  re-sentencing;

* and iatrogenic therapy whose purpose is to convince him that the sex he craved and enjoyed, the sex he experienced, consciously, as thrilling and gratifying and empowering, was traumatizing subconsciously; to brainwash him into realizing that he was/is a “victim” of Abigail who is “scarred for life” even if he wasn’t cognizant of his “trauma” and of being a “victim” of “sexual assault,” and that the woman he “thought” he loved and who gave him the sex he “thought” he craved and enjoyed was a “rapist” and “pedophile” and “child molester.”

Yes, if not for the law, criminal justice system, and media coverage, local, state, national, and even international, nobody would have been hurt, profoundly and permanently, if at all, by this intrigue -not only Abigail, by far most hellishly, and her “loved ones,” family and friends, whose anguish is excruciating, but also the “victim,” assuming she’s lying and that he was her lover and not her victimizer, and his family. Yes, he should file a lawsuit against the media and the State of Michigan.

Questions But No Answers

16 Tuesday Aug 2016

Posted by Michael Kuehl in "traumatization", Abigail Simon, CSA victimology, lawsuit, Uncategorized, women as "pedophiles" and "child molesters", women as rapists, women sex offenders

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"traumatization", Abigail Simon, Abigail Simon lawsuit, Abigail Simon resentencing, age of consent, media sex hysteria, sex offender registry, sex offenders, women as rapists, women sex offenders

What of the re-sentencing, ordered long ago after Michigan’s Supreme Court ruled that mandatory-minimum sentences are “unconstitutional”? Internet searches disclose nothing specific, or even current. She’s now been enslaved for over 21 months, first in jail and then in prison. Will she be enslaved for another 3-6 months before she finds out how many more years she’ll be enslaved and abused and degraded and tormented. And at her re-sentencing, she’ll be in handcuffs attached to a waist-chain and leg-irons, probably for over 2-hours as she was at her initial sentencing, when there’s no exigent and practical reason she must be shackled in this fashion or any fashion to protect anyone or to prevent her from escaping, unlike violent male criminals who, if not so restrained, could assault the prosecutor, judge, a jail-guard, etc., possibly even killing them with a single punch (or breaking jaws, noses, eye-sockets, knocking out teeth), or run out of the courtroom and onto the streets to commit more crimes and who knows what else before they’re apprehended in hours or days or weeks or months -if ever.

And what of the lawsuit, filed long ago, which alleges that her “victim” is so traumatized by having had sex with Abigail in spring of 2013 that he can’t study, attend classes, play football, work, etc., and was forced to “drop out” of college and can never return to earn a degree -even though he wasn’t cognizant of being “traumatized,” “devastated,” and “scarred for life” when having sex with Abigail and sending her texts and emails and was under the illusion that he was doing so as a free agent, willingly and knowingly, and that the sex was thrilling and gratifying and empowering, as was the sex-talk, the emails and texts, because that’s how he “thought” he experienced her “crimes” due to “male socialization,” the artificial “social construct” of “manliness”/”masculinity,” and its resultant “false consciousness,” blissfully unaware that his life was being shattered, profoundly and permanently, radically and irremediably.

The Kafkaesque/Orwellian fantasy world of CSA victimology, ludicrous but malevolent. Only CSA victimology and hours and hours of iatrogenic therapy would induce and compel him to realize his traumatization. Only iatrogenic psycho-therapy can mollify but never cure the trauma of which he was unaware until he was subjected to iatrogenic psycho-therapy and CSA victimology propaganda/indoctrination.

 

“Blocked” by Barton

15 Monday Aug 2016

Posted by Michael Kuehl in Abigail Simon, age of consent, Barton Dieters, CSA victimology, Debra Lafave, Uncategorized, women as "pedophiles" and "child molesters", women as rapists

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"traumatization", Abigail Simon, Abigail Simon Appeal, Abigail Simon lawsuit, Abigail Simon resentencing, age of consent, Barton Dieters, media sex hysteria, plea-bargain, sex offender registry, women as rapists, women sex offenders

On Aug. 1, 2016, I sent this email to four people, including Martin Tieber and Barton Dieters:

In a sane and just and rational country, she would not have even been charged with a crime but simply punished, non-criminally, by dismissal and revocation of her license and expulsion from the profession. All this is more than punishment enough for transporting a biological man of 15 to sexual paradise and “inappropriate”/unprofessional behavior. Imagine what this would entail and how it would blight her life if she couldn’t find another job or was forced to work for the minimum-wage at a fast-food restaurant or wherever. And so forth.

Or, at worst, charged with a misdemeanor and, if convicted, sentenced to 3-6 months of probation and 5-100 hours of “community service,” and perhaps also fined modestly -all of which is not only excessive but gratuitous in respect to “public safety” and deterring and preventing violent and other serious crimes.

No jail, no prison, no “sex-offender treatment (to “treat” her for what exactly, heterosexuality?), no quasi-totalitarian surveillance; no electronic parole monitoring with an ankle tether/”bracelet”; no public sex-offender registration, with her name,  mug-shot, and address on the internet, observable to everyone with access to a computer(s), not only in the U.S. but in the entire world, so myriads of those who hate her can send her hate-mail and death-threats, and, for many, ostracize, revile, harass, and threaten her in person, and, possibly for some or at least a few, vandalize her property and/or even assault or murder her -all this until she dies at age 77 or 84 or 92. I suggest you go to RSOL and read many or some of the articles and comments as to what it’s like to be on the sex-offendeer registry.

8-25 years in prison and a lifetime of draconian/Orwellian persecution for a first-offender convicted of nonviolent and victimless and mala prohibita crimes that are legal acts in dozens of other nations, including European countries; a woman who has never committed a violent or other malum in se crime in her life and never will and is not a “threat to society” or to anyone nor even a danger to “re-offend” by having sex with another young man under statutory age.

And the generic age of consent in Michigan is 16. If he had been 16, just a few months and weeks older, and she had not been his tutor (or had been a tutor at another high school?), their affair would have been legal under Michigan law.

Dieters was so enraged and appalled by what I wrote that he blocked me immediately, so he didn’t read my criticism of him in a second email for which I received an “undeliverable” message:

On this matter, the media (local, state, national) is less a source of neutral and objective news than a tendentious agent of CSA victimology propaganda and inculcation in which all critical/dissenting voices are suppressed, almost as if under a totalitarian regime, or denounced and derided and defamed.

And sensationalism and histrionics for the ratings in the Letourneau, Lafave, Simon, and many other cases, mass-hysteria and “frenzy” over what is in fact a trivial matter that should be covered swiftly and quietly and, in my opinion, shouldn’t even be a crime and surely not a felony.

In covering this story, Dieters was less a reporter than a cheerleader for the prosecution and CSA victimology propagandist. To offer but one of many examples: a reporter who uses the phrase “ex-tutor guilty of raping her student” is not a journalist, neutral and objective, but an activist, ideologue, propagandist, CSA victimologist, who uses language not to describe but rather to distort and pervert objective reality for ideological purposes.

Abigail to be Resentenced

23 Saturday Apr 2016

Posted by Michael Kuehl in Abigail Simon, appeal, CSA victimology, MRAs, "men's movement, sex offender registry, Uncategorized, women as "pedophiles" and "child molesters", women as rapists, women sex offenders

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Abigail Simon, Abigail Simon Appeal, Abigail Simon lawsuit, Abigail Simon resentencing, women as rapists, women sex offenders

woodtv.com, Dec. 2, 2015:

As for Simon, she is appealing her conviction on several counts. She argues her attorney was ineffective, and the judge gave improper jury instructions that undercut her defense that claimed she was the victim.

The Court of Appeals has not announced whether it will hear Simon’s appeal, however both her her attorney and the Kent County prosecutor’s office say the case should come back to Kent County Court for a sentencing hearing.

In July, the Michigan Supreme Court threw out mandatory sentencing guidelines, ruling judges can use them as a guide but are not bound by them. Since then a number of cases have been sent back to the trial courts for resentencing.

In Simon’s case, the Kent County Prosecutor’s Office writes that the “case should go back too the Circuit Court to determine whether the court would have imposed a materially different sentence but for the essentially mandatory sentencing guidelines.”

Simon’s attorney argues the guidelines were set higher that they should have been under the Supreme Court ruling. Circuit Court judge Paul Sullivan is free to keep the current sentence, or make it shorter or longer.

In a sane and just and rational country, Abigail would not have even been charged with a crime but simply punished, non-criminally, by dismissal and revocation of her license and expulsion from the profession. Or, at worst, charged with a misdemeanor and, if convicted, sentenced to 3-6 months of probation with perhaps 50-100 hours of “community service.” And perhaps also fined modestly. And that’s assuming she’s lying about her “victim” forcing himself on her.

But America is sui generis in its lunacy and hysteria over adult women having sex with biological men under statutory age -especially those in positions of authority even if their authority is not misused to coerce and manipulate their “victims.” Abstractly, in theory and by definition, the authority is presumed to be coercive and manipulative -irrespective of who did what to whom, sexually and non-sexually, and why- and implicitly coercive and manipulative even if the “victim” was the aggressor who initiated his theoretical and phantasmal “victimization,” i.e., the sex he craved, initiated, and enjoyed far more than his de jure “victimizer.” And even if he initiated, sustained, and controlled the intrigue by a scheme of coercion and manipulation. Or even by “sexual assault,” rape and/or molestation, e.g., the “victims” and “crimes” of Melissa Bittner and Cassandra Sorenson-Grohall.

And, though the SC ruling was in July of 2015, I assume she has not been resentenced. Given her 7-weeks in jail before sentencing, she’s now been enslaved for almost a year and a half and might have to wait a few months longer, at least, to find out how many more years she’ll be imprisoned.

And when she’s resentenced, say in 2-3 months, I’m sure the judge won’t let her off with “time-served.” Imagine the reaction if he did so! The fusillade of excoriation, calumny, virulence, hate-mail, death-threats, perhaps even assaults and vandalism. The condemnation from the ruling elites and governing-classes, CSA victimologists, newspapers editorials, pundits, politicians, the national media and it’s “talking-heads,” MRAs, etc. So even though he appears not to be a CSA victimologist, given some of his comments at sentencing, I fear he’s too craven to defy the mob and elites and choose sanity and equity over politics and ideology.

Thus, almost surely, a sentence of “only “4 or 5 or 6 years in prison, hopefully with “time-served,” though I doubt it, or perhaps 4-8 years with a chance for parole after “only” 4 or 6 years. If she’s given 6 years, for example, she’ll be enslaved for almost as long as under the initial sentence of 8-25 years, assuming she would have been released after “only” 8 years. And if given 4-8 and denied parole after 4 or 6 years, she’ll be enslaved almost as long or longer than under the first sentence, assuming once again that she’d have been released after 8 years.

And conceivably longer than 6 years if he reads a copy of the lawsuit or attends a hearing and believes all or most of the allegations. During sentencing in January 2015, he concluded that she was not a “predator” who was likely to “re-offend.  Given the lawsuit and it’s allegations (lies, distortions, half-truths, exaggerations?), he might change his mind and view her as a “predator” who is likely to “re-offend,” resulting in an even more draconian sentence. And so, too, if he submits to the demands of CSA victimologists, MRAs, and the tens of millions of people they’ve brainwashed, provoking in millions a frenzy of hatred and “blood lust” for vengeance.

And the resentencing, whatever his ruling, won’t vacate or lessen any of the extra/post-incarceration penalties.

 

Abigail is Sued by Her “Victim”

22 Friday Apr 2016

Posted by Michael Kuehl in Abigail Simon, CSA victimology, lawsuit, Uncategorized, women as "pedophiles" and "child molesters", women as rapists, women sex offenders

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Abigail Simon, Abigail Simon Appeal, Abigail Simon lawsuit, Abigail Simon resentencing, plea-bargain

The insanity continues. The State of Michigan and it’s laws and courts and judges and lawyers simply can’t torture and torment this harmless woman enough, a woman who claims that the “victim” who is now an adult and is suing her was the aggressor in their intrigue and forced himself on her. For his mother, hysterical and vindictive, who probably initiated the lawsuit after finding out that Abigail would be re-sentenced due to a Michigan Supreme Court ruling, years in prison, at least, and a lifetime of draconian/Orwellian persecution, is not vengeance and punishment enough. I quote from an online article entitled “Victim Sues Abigail Simon, Diocese of GR,” Dec. 2, 2015, that includes a large photo of the mugshot that is featured in Michigan’s and national sex offender registries:

GRAND RAPIDS, Mich. -The victim of Abigail Simon has filed a lawsuit against his former tutor, the Catholic Diocese of Grand Rapids, Grand Rapid Catholic Schools and three staff members…The lawsuit, filed in Kent County 17th Circuit Court Nov. 20, accuses Simon of battery and intentional infliction of emotional distress…The victim, who is not being named because he is the victim of a sex crime, also claims in his lawsuit that in February 2013 Abigail Simon “also engaged in inappropriate sexual and physical contact with other male students at Catholic Central and/or Grand Rapids West Catholic High School.”…The suit claims that the teachers and diocese knew of Simon’s sexual behavior toward underage male students in early 2013 and no one took action to stop the behavior. (woodtv.com/2015/12/02.)

“Battery and intentional infliction of emotional distress” for transporting a biological man and volcano of testosterone to sexual paradise in a factually consensual relationship that the definitional “victim” probably initiated, and that’s assuming she’s lying about his raping and terrorizing her. “Battery” denotes violence. If there was any violence, literally defined, in this relationship, it was committed by the “victim” against Abigail if she’s telling the truth about his being the aggressor in their intrigue and forcing himself on her.

Unsurprisingly, the article offers no specific and concrete facts as to exactly what is meant by “inappropriate sexual and physical contact with other male students” and “Simon’s sexual behavior toward underage male students” -but this vagueness and refusal to give us details implies that she had affairs and engaged in acts of coitus and fellatio and who knows what else with other male students at two different high schools.

If most or all of this is true, whatever it means exactly, it surely would have been discovered in full or largely during the investigation of her liaison with the football star.The SVU detectives and prosecutors must have interviewed dozens of students and teachers and other people at length and perused all of Abigail’s emails and text-messages during an exhaustive and thorough investigation.

If most or all of this is true, she would have been charged with who knows how many more felonies against who knows how many more “victims,” and there would have been dozens of witnesses to corroborate the accusations of the “victims.” Once again, no facts, concrete and specific much less thoroughness, from the media. But if she had engaged in acts of coitus and fellatio or even kissing and the fondling of genitals and breasts while fully clothed and other acts of “sexual contact” as opposed to “intercourse,” she would have been charged with who knows how many “counts” of “first-degree criminal sexual conduct” against who knows how many more “underage male students.”

And if she had even tried to seduce or initiate sex with other male students, or even engaged in explicit sexual banter and flirting at school and/or initiated and responded to texts and emails that were erotic or suggestive in nature with other male students, she would have been charged with who knows how many counts of “accosting a minor for immoral purposes,” a felony under Michigan law, against who knows how many “victims.”

Given all this evidence, all these “victims” and other witnesses, she obviously would not have rejected many or even one plea-bargain. She would have had no choice but to plead guilty. There would have been no trial.

Why She Must Contest This Lawsuit and Prevail in a Civil Trial

16 Saturday Apr 2016

Posted by Michael Kuehl in Abigail Simon, appeal, Uncategorized

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Abigail Simon, Abigail Simon Appeal, Abigail Simon lawsuit

Her grounds for appeal in respect to the “guilty” verdicts -three “counts” of first-degree criminal sexual misconduct” for alleging having sex with her “victim” on three occasions and one “count” of “enticing a minor for immoral purposes” for responding to his hundreds of emails and text messages- is that the judge’s instructions to the jury “undercut her defense -that she was the victim of rape and the teen was her attacker.” (woodtv.com, quoted in grrealist.blogspot.com, 2015/08)

At issue -two key points- jury instructions that Tieber says didn’t instruct the jury of 11 women and one man to consider the defense that Simon was a victim of rape and the sentence that imposes lifetime monitoring on Simon. A sentence her attorneys say is cruel and unusual.(woodtv.com, August 3, 2015)

Her only  chance, however remote, of having her convictions vacated on appeal and being acquitted of all charges in a new trial by a jury that believes her story and testimony is if she contests the lawsuit and all or most of its allegations and prevails in a civil trial.

If she pleads no contest to the lawsuit, thereby conceding that she was lying and that the young man didn’t force himself on her, her grounds for appeal will be obviated in respect to the judge’s instructions. There would be no reason to proceed with an appeal on this matter with the hope that her convictions would be negated and that she’d exonerated in a new trial, and no reason for a court to even hear her appeal on the judge’s instructions. The issue would be mute and impertinent, factually and legally.

And even if an appeals court ruled in her favor on lifetime electronic parole monitoring, agreeing with her lawyers that this penalty was “cruel and unusual,” her convictions would not be overturned and she would still be imprisoned for years if not over a decade and subjected to all the other extra/post-incarceration punishments, including registration for life as a uniquely deviant and dangerous criminal.

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