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Lee Marshall

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Reply with quote  #46 
Can't believe that THIS thread is still rolling but then this kind of sideshow often gathers steam on these Beach Boys related sites.  Look Nick...you seem to want to poise yourself here as the authority on rape in general and on this case in particular.  I can assure you that you are neither.

I will say this though...The 'system' [in this case the parole end of the judiciary] would have had all of the details and all of the facts as they pertain to THIS SPECIFIC case.  Weighing all of that...they have determined that Scott has done his time and paid his debt.  I guess that's why you and I weren't officially asked for our opinions.  We are both invalid.

Rape is a horrible crime.  No debate.  No 2 ways about it.  It is responsible for ruining many a life.  One might infer from all of this that there must be degrees of rape.  Some violent to the extreme.  Some less so.  None at all acceptable but some even less so.  You want to lump 'em all in together?

Some don't.  I won't.  The man paid the price for the wrong he did.  The experts and decision makers said so.  Your try at dictating a different outcome is useless.  The rant?  Heroic.  So?  You're a hero.
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Larry Franz

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Reply with quote  #47 
Some murders are more heinous than others. So are some rapes.

Mr. Bennett was originally sentenced to three years for rape by instrumentation (in this case, I assume, one or both of his hands were the instruments) and two years for sexual battery. Many factors affected the sentence he received, such as who the judge was, what sentence a typical defendant would receive for a similar crime in that jurisdiction (although Mr. Bennett, a minor celebrity from out of state, wasn't a typical defendant in this case), and the fact that he demanded a trial instead of accepting a lesser punishment (in the U.S., roughly 95% of defendants plead guilty in order to receive a lighter sentence). 

I doubt that any of us know enough about this case to say whether his original sentence (three years and two years, one after the other) or his modified sentence (three years and two years to run at the same time, with time off for good behavior) were fair or not. 

Note: While I was writing, Mr. Marshall nicely said what it took me too long and too many words to say.

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Cantina Margarita

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Reply with quote  #48 
Good news. As a huge fan of Scotty B. as a musician, I appreciate it. Hopefully he'll soon gain back his musical capacities.

The rape ? Terrible. But why not trust in American justice to have treated the matter correctly, setting him free before the time ? Lost any confidence ? We'll never know what this was really all about, but happily there are experts.

Scott Bennett is not the only gifted musician with personal faults. And after all, this is about music.

Quite honestly: my heart is jumping.[smile]
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Ang Jones

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Reply with quote  #49 
I wrote that I wouldn't comment further on this subject but I should have quoted this piece from Rolling Stone. McMurray, Scott's lawyer, said:

"The investigator admitted to leaving critical statements supporting Mr. Bennett's innocence out of his report, including but certainly not limited to Mr. Bennett going to get help for the woman, leaving her briefly in the 7th floor hallway where she couldn’t remember her room number, and going in search of security. Mr. Bennett cooperated entirely with investigators, waived all rights, but was not asked to take a blood alcohol test, which would have provided the jury crucial evidence of his level of intoxication."

http://www.rollingstone.com/music/news/former-brian-wilson-band-member-convicted-of-rape-20160509

I would also mention that 'sexual battery' means touching an intimate part of the body without consent. It doesn't mean beating someone up. And if someone was unconscious or even seriously drunk, that could indicate it was non consensual in US law, as I understand it.

Finally, I didn't like emotive comments such as leaving the victim 'like a sack of trash' especially as they were aware he had left her whilst looking for the security people. Let's keep it objective.








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Liz

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Reply with quote  #50 

One legal definition of ‘rape by instrumentation’ is giving oral sex to someone who was consensual but drunk. 

I haven't seen the footage (though without sound that only tells half the story) and the description given by her lawyer, who was invested in the outcome, included words like 'they lay on the floor' rather than 'he dragged her to the floor'.  I expect that the truth lies somewhere in the middle and our discussing it here is only hurting the woman and Scott's family.  We had the trial and the probation hearing as I said before we have to trust the legal system that justice has been served.

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thorgil

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Reply with quote  #51 
I can only say that I'm glad. In my not so humble opinion the original trial was very biased against him. Could list several reasons, but I'll leave it at that. Don't want to dwell on it.
I hope Scott can resume soon his musical career.
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bugs

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Reply with quote  #52 
Nice to hear from you again, Thorgil!
__________________

“Like a dream that's somehow linked to all the stars above." 🌟 🌟 
-Brian Wilson, 1976
                        

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Ang Jones

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Reply with quote  #53 
Seconded! 


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thorgil

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Reply with quote  #54 
Thanks, friends, for the welcome. Doesn't happen everywhere! [smile]
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jeanniegenious

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Reply with quote  #55 
I know..people get so tested in life. I can only hope scott can develop a very strong character after experiencing such a terrible fall in his life. As many of us have witnessed scott worshipped the ground brian and the band walked and sang upon. Many people got hurt here. But scotts work and talent will not be forgotten. His road and future will speak strongly of his charactet and soul...its the time when he can rejuvinate with his family and make right. So many crack under pressure or are simply tested harshly. I just hadda say and like this isnt courtroomdrama.com here or lawyers.so and so. It sounds like all involved suffered enough..so i just gotta walk on the sunnyside and hope lots of healing can be foregoing. Dont even throw more rain and thunder on my head..we heard ya the first time around.
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Cantina Margarita

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Reply with quote  #56 
To put it simply:

I don't like rapists. But I like good musicians. I accept justice. But I'm able to give people a second chance,

Why return to this subject ? I can't help it, it happens to me on every listen to TLOS. It's a great, great album.

Scotty, please come back soon. You're a part of it.
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