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Teens Charged in Sexual Assault Live-Streamed on Facebook

No matter how many stories get written about criminal activity streamed on Facebook Live, criminals don't cease to record their crimes for prosecutorial prosperity and the crimes themselves don't get any less heinous. A 14-year old girl in Chicago was lured into a home and raped by as many as six men, one of whom broadcast the sexual assault live on Facebook. The Chicago Tribune notes it's at least the fourth crime in the city captured on Facebook Live since the end of October 2016. Two teens are in custody thus far, and the victim and her family have been moved following threats and online bullying after reporting the crime. Facebook Crime According to the Tribune, the girl was attacked on her way home from church, and not found until two days later. A relative was told the assault was on Facebook, and Chicago activist Andrew Holmes was able to forward the video of the sexual assault to police. The girl's mother was then able to identify her daughter from screen shots of the video. Two boys, one 14 and the other 15, are now in custody facing charges relating to the rape and the posting of the video. Both have been charged as juveniles with aggravated criminal sexual assault, manufacture of child pornography, and dissemination of child pornography, though it is unclear if either was the one who initiated the broadcast of the assault. Social Media Cycle of Trauma Police say their investigation has been hampered by the victim's trauma and harassment of her and her family. Chicago Police Cmdr. Brendan Deenihan described the difficulty at a news conference over the weekend: "She's just having such a difficult time even communicating what occurred to her. We obviously have a video of the incident, so we have verifiable objective evidence of what occurred to this young lady, but she's just having a very difficult time ... On top of it, there's constant social media ... bullying (of the girl), making fun of what occurred. This is just a very traumatic incident." The social media bullying has manifested in real life as well. The victim's mother told the Tribune that after word of the attack got out, people began harassing the family at home, ringing the doorbell and appearing at the house in a threatening manner. Police were also frustrated with the lack of response from the estimated 40 people who viewed the livestream of the assault, none of whom called 911. Deenihan says authorities are exploring what criminal charges may be available against those who watched the video, but proving exactly who did watch the video may be impossible. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) 2 Teens Arrested in Chicago Sex Assault Streamed Online (CNN) Police Officer Who Killed Philando Castile Charged With Manslaughter (FindLaw Blotter) Prostitutes Use Facebook to Drum Up Business (FindLaw Blotter)
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Cristina Arguedas Presented with 2017 White Collar Criminal Defense Award

The National Association of Criminal Defense Lawyers (NACDL) and Stetson University College of Law presented Cristina C. Arguedas with the 2017 White Collar Criminal Defense Award this last weekend.  It was an honor to be there and witness both the presentation and her acceptance of the award. Cris Arguedas was awarded this prestigious honor for her work in the FedEx case.  The successful defense of FedEx can only be described as a hero’s tale.  The irony that this defense was spearheaded by a woman and a small team isn’t lost on me. It’s amazing when you really consider the consequences of this win.  Not only is this one of the few times that a corporation has dared to take on the United States Government in a criminal prosecution.  But to consider that the herculean task of defending a corporate case of this size and magnitude was accomplished without an army of lawyers – which is typical in a corporate white collar case – not only speaks volumes about Arguedas but of the importance of mounting a defense at all.  More often than not the army of lawyers aren’t challenging the Government or forcing the Government to trial, but rather are working their way to a negotiated settlement.  It really doesn’t matter how many lawyers are representing a corporation if the evidence remains untested. As I have said before, it is easy to champion a winning theory in a conference room; it is a far different thing to champion it in the courtroom.  And that is exactly what Arguedas did in the FedEx case. The case completely imploded within days after the trial started. I am personally proud that this historical victory was led by one of our sisters in the field.  I have previously shared how much I admire Arguedas – and I am not alone.  She is without question one of the legends in the field.  Barry Pollack, President of NACDL, presented the award and gave a wonderful speech in which he imagined that legends in the field would have their own trading cards that we could collect, with trial victories and stats on the back. Since Arguedas was inducted into the Trial Lawyers Hall of Fame in 2010 with Penny Cooper – another legend – his analogy was more than appropriate. As would be expected from Cris Arguedas, she accepted the award with grace and humility.  She didn’t take the opportunity to bask in the limelight but rather spoke passionately about the dangerous landscape of corporate criminal prosecutions, which has amounted to nothing short of Government bullying of Corporate America.  She shared with us the amount of pressure that she shouldered to fight against the baseless charges that she confronted in the FedEx case and the amount of painstaking preparation that went into the defense.  Indeed, the trial judge took the unusual step of concluding, on the record at the time of dismissing the charges, that FedEx was “factually innocent.” Arguedas’ acceptance speech was emblematic of everything that makes her great.  She is a true defender in every fiber of her being.  She is a fierce advocate.  The takeaway is that it does not take an army to fight an injustice lobbed by the Government.  Rather, it takes the spirit of a lion and the courage to strike back in defense. It’s that simple. The post Cristina Arguedas Presented with 2017 White Collar Criminal Defense Award appeared first on Women Criminal Defense Attorneys.
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Is It Illegal to Threaten Someone Online?

Since the assimilation of social media into everyday life became nearly unavoidable, lawmakers have been working to strengthen the laws prohibiting cyberbullying, cybercrime, and online threats. Potentially in spite of the Supreme Court ruling in 2014 that reversed the conviction of a man who posted his own original rap lyrics about his fantasy of killing his wife on social media, state's around the country continue to embrace new laws that create for a safer, less hostile online environment. The Supreme Court's stance on online threats seems to land more in favor of characterizing even the most despicable speech as protected under the first amendment. Despite the Supreme Court's stance that the online harasser's intent matters, states can still regulate and prosecute people they believe have made credible online threats. Context Matters When it comes to evaluating whether an online threat is illegal or not, the context is highly relevant. If the threat is clearly made in a way that makes it appear to be a joke, satirical, or sarcastic, then it probably won't be considered a threat. However, if the language appears to be serious, then it must be looked at more closely to determine whether it is legal or not. Also, context changes with the times. When a recent school shooting is still fresh in the news, making a joke about it, while you may think it's just in poor taste, could very well be viewed by others as a threat, and that can get you arrested. What Makes an Online Threat Illegal? While some states don't have specific laws about online threats, all have laws against making criminal threats and bullying. Determining which online threats are illegal requires looking at the individual characteristics of each threat. If an online threat would rise to the same level as an in-person, or telephonic, criminal threat, then the online threat will likely be considered illegal. Usual considerations include: Who the threat is directed to? What is being threatened? Who is making the threat? Is the threat credible? What did the speaker really mean or intend? If the threat is directed at a specific person, with a specific threat of harm, from an easily identifiable source, and appears credible, it is likely the threat will be considered illegal. When the threat does not target an easily identifiable person or group, or does not specify a type of harm, or is just terminally vague (i.e. "Chicago Cubs fans are going to get it"), this is not likely to rise to the level of a criminal threat. However, as the 2014 Supreme Court decision advised, a speaker's intent can make all the difference in determining whether a post is considered a threat or protected expression. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) What Is Cyberbullying? (FindLaw's Learn About the Law) Top 7 Internet Crime Questions (FindLaw's Blotter) Specific State Laws Against Bullying (FindLaw's Learn About the Law) Shooting at George Zimmerman Illegal, Florida Man Learns (FindLaw's Blotter)
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