Deal targeted Rape Shield

October 15, 2010 20:54 pm

by Bull Moose · 79 comments

Deal targeted Rape Shield

Media coverage from 1991 of Deal’s attempts to weaken the Rape Shield Act

Supporting documentation of Deal’s attempt to weaken the Rape Shield Act

Nathan Deal’s official record of legislation he sponsored is very relevant as he seeks to be the Governor of Georgia.  It gives us a further peek into his values and priorities.  It should give voters absolute pause in casting a vote for him.  Deal doesn’t have nor respect the values of Georgians. Thankfully Deal was unsuccessful in his efforts to repeal the law due to the public pressure.  Hopefully that same pressure will keep him out of the Governor’s Office.  Georgia can’t afford Nathan Deal’s lack of ethics, respect for the rule of law, or ethical baggage.

AnyoneElse2010 October 15, 2010 at 9:04 pm

Can you find the bill? I mean this is all good but I could write anything I wanted to about any bill, but unless you read the bill you would never know the truth. Since we are talking about law I believe what you have given is circumstantial evidence. This wouldn’t hold up in a court of law. Not saying that it isn’t true, but you have not provided any hard facts (ie the bill). Who needs it though because news outlets are never sensational….

perimeterprogressive October 15, 2010 at 9:15 pm

So, about 15 news articles all saying the same thing are circumstantial….did you actually go read any of the links he posted? This isn’t just the AJC. Those articles come from places statewide. And there’s the other state legislator from the era that WSB interviewed and backed up everything.

Erick's Mortal Enemy October 15, 2010 at 10:02 pm

Um, you have no business playing here.

Jeff October 15, 2010 at 10:30 pm

The target here is SB 51 (1991).

I’ve got someone who says he will go to the State Archives tomorrow and hopefully get me a LEGIS-style history, complete with original introduction, amendments, sponsors, and votes. I’ll post whatever I get.

Lady Thinker October 16, 2010 at 9:48 am

Thanks, I’d love to see it.

Clint October 15, 2010 at 9:16 pm

Good Lord, are you serious? There is a link to the pages and pages of news from 1991 that documents both the bill and its intent. What else do you need?

For many, this will be the last straw, for some, it will be the first thing that makes them truly stop and consider the facts against Nathan Deal.

perimeterprogressive October 15, 2010 at 9:20 pm

Well Clint, its always easier to hide your head in the sand than face uncomfortable facts. Silly goose.

fishtail October 15, 2010 at 9:39 pm

Nathan Deal sneers at the concept of womens rights. Being from Deliverance country, it’s sort of a strange concept for him to grasp.

Lady Thinker October 15, 2010 at 10:16 pm

I agree fishtail, I don’t think deal believes in liberated women’s rights.

I Am Jacks Post October 15, 2010 at 10:00 pm

If Clint Murphy endorses a Democrat in a forest, but no one is around to hear him do so, does it make a sound?

Clint October 15, 2010 at 10:35 pm

Who cares – everyone has the right to speak their conscience last time I checked. The bullying and intimidation because some are starting to wake up to the facts is getting a little old.

DriveByDawg October 15, 2010 at 10:28 pm

From the AJC – the GSU professor/lawyer who drafted the legislation in question:

“Here are the facts from the law professor who drafted that reform of the evidence code (me). The proposal was to adopt the Federal Rules of evidence which had been adopted in most states. The bill was sponsored by the State Bar of Georgia and included a version of the Federal rape shield act which the lawyers on the State Bar Committee and I believed was superior to Georgia’s rule in several respects. Senator Steinberg, who was not a lawyer, incorrectly believed that the proposed rule would make it easier to bring up a rape victim’s sexual history at trial. I have been an evidence professor at Georgia State College of Law for 27 years and can say without hesitation that Senator Steinberg was completely wrong and that the reform we proposed actually was MORE protective of the victim. And here is something else you should know. Roy Barnes served on the State Bar Evidence Committee that reviewed and approved that proposed legislation. Paul Milich, Professor of Law, Georgia State Univ.

The Georgia statute allows evidence of the victim’s sexual history when “so highly material that it will substantially support a conclusion that the accused reasonably believed that the complaining witness consented to the conduct.” The Federal Rape Shield statute and the one that was proposed in 1991 by the State Bar has no such exception. The Georgia and Federal statutes are very similar in most other respects. To suggest, as the ad does, that the proposal approved by the State Bar would have abolished rape shield protection for victims in Georgia is simply and absolutely false. As the author of that proposal, I can tell you that I based it not only on the Federal rape shield statute but also the rape shield statutes of Minnesota and Wisconsin which were at that time considered in the forefront of protecting rape victims’ rights at trial.”

pesky things facts.

Doug Deal October 15, 2010 at 11:03 pm

I am not fan of Deal, but this part of the witch hunt is over the top to say the least.

AubieTurtle October 15, 2010 at 11:27 pm

Oh, I’d use a much stronger word than “witch” to describe what Deal attempted to do here but I’d probably get banned or at least put in time out if I did.

Deal is what he has done. Deal with it.

perimeterprogressive October 15, 2010 at 11:22 pm

First off – thats not via the ajc, thats via some annon commenter on a story. If you wanted to be credible, you’d pull from a different source. Thats like saying I can post a link to this comment elsewhere saying “Well, via Peach Pundit ” its disingenuous.

So, we’ve got one law professor vs. like, over a dozen articles and lawmakers at the time saying the same thing. Hmm…which am I gonna go with……..

perimeterprogressive October 15, 2010 at 11:38 pm

Also, this is a guy who’s donated to republican candidates in the past. just sayin’. (Shawn Ellen Lagrua, 2006.)

fishtail October 16, 2010 at 10:54 am

Professor Milich is still mad that Senator Cathy Steinberg kicked his ass.

B Balz October 16, 2010 at 2:38 pm

I know firsthand that is laughable, Prof. Milich could care less. Either you were joking or that statement is completely lacks credibility.

Prof. Milich wrote the book on Evidence in GA., literally.

GO PANTHERS! ! ! !

Pine Knot October 15, 2010 at 10:31 pm

So Roy comes out with a new attack ad and a PP FP poster feels the need to elaborate on it. Why are there no posts on Georgia being last in education when King Roy was Gov? Or where are the posts that when Roy was Gov Georgia was leading the nation in job losses? Where are the posts on King Roy showing no care about children who die under state supervision? No thanks Roy. You didn’t get it right the first time. We do not need a replay.

Clint October 15, 2010 at 10:37 pm

Because Nathan Deal has gotten his campaign and personal finances right on what the third or fourth time or is he still trying?

Pine Knot October 15, 2010 at 10:44 pm

An oversight happens from time to time, but a whole term? That was a failure. My point–PP has an agenda to (try to) take down half of the GOP ticket.

perimeterprogressive October 15, 2010 at 11:22 pm

but a whole campaign? That is a failure.

Three Jack October 16, 2010 at 10:53 am

“Why are there no posts on Georgia being last in education when King Roy was Gov”

after 8 years of gop control, ga is still last (or close to it) in education.

“where are the posts that when Roy was Gov Georgia was leading the nation in job losses”

after 8 years of gop control, ga is still at the bottom (or top) in job losses.

it’s like the deal team wants voters to overlook 8 years of perdueless failures and pretend barnes has been in charge. if ga voters are as dumb as deal’s team believe, we are screwed.

AubieTurtle October 16, 2010 at 11:21 am

While you are correct from a party perspective, on an individual level, it is easy to hold Barnes accountable for what happened when he was governor because, well, he actually was governor. It’s a bit more difficult to hold Deal responsible for what Sonny Perdue did and didn’t do. And even from a party perspective, the Democrats were in control for a really long time before the Republicans tooks over.

But taking a much larger view, Georgia has long been in the toilet in regards to education. Long enough that we have to put as much blame on the public as we do on the pols. One or two bad administrations in regards to education can happen anywhere… decade after decade equals a lack of priority given to education by the electorate. What has worked well for Georgia is to import the well educated from the rest of the country. That won’t work forever, especially since other states are winning the quality of life game and there is no real way to win the race to the bottom to provide the most corporate handouts and access to the cheapest poorly educated labor.

Lady Thinker October 16, 2010 at 11:48 am

All three wer Demcrats at one point in time.

Kilkenny Kid October 15, 2010 at 11:45 pm

This has to be one of the worst cases of base gutter attacks I’ve ever seen. Tells you a lot more about the character, or lack thereof, of Barnes than anything else. The law professor who actually drafted the bill explains on AJC blog, although no mainstream media has picked up on this, that the statute Deal proposed was tougher than the rape law at the time and that Roy Barnes sat on panel at GA Bar that approved it’s introduction. This motivates me to send Deal a check – no one should get away with this crap.

Clint October 16, 2010 at 12:00 am

Deal tried to weaken the Rape Shield Act and was only stopped because of the massive protest at the time. That record speaks for itself plain and simple. Again, the thing that is sad here is that someone with as much baggage, as many legal and financial liabilities as Nathan Deal would ever even think of running for Governor.

Kilkenny Kid October 16, 2010 at 12:03 am

Clint-

Put down the Barnes faxed talking points – it’s getting old. Anyone in their right mind knows this charge is pure BS. The public isn’t going to fall for it.

rightofcenter October 16, 2010 at 12:31 am

With all due respect, Clint, I believe you have lost it. You have a problem with Deal’s ethics – I disagree with you , but I can understand it (at least a little bit). But this? You’ve jumped the shark. 1991? 1991? Are you serious – this is relevant how? Unbelievable.

Lady Thinker October 16, 2010 at 10:04 am

ROC,

Now wait a minute. With a man, you start out “with all due respect” and you call me a “looney bin?” Why the manly respect and not the womanly respect?

Rick Day October 16, 2010 at 9:51 am

This has to be one of the worst cases of base gutter attacks I’ve ever seen.

You must be new to politics. Or not have a memory of an Elephant™. *Cleland* *Lewinski*, *birther issue*

Go back to the history books and read what I, unlike you, actually lived through.

PostFail.

Clint October 15, 2010 at 11:46 pm

This is what the CATO Institute, in a report c0-written by Stephen Moore, had to say about Roy Barnes and his term as Governor, which they ranked as one of the top three in the country:

Roy Barnes of Georgia may be the pre-eminent tax-cutting Democrat on the national scene. In his first year in office he pushed a Taxpayer Bill of Rights that has saved Georgia homeowners $350 million so far. He has also cut the unemployment insurance tax in Georgia, resulting in tax relief of over $1 billion to businesses and workers. He now wants to cut the state capital gains tax. When the recession hit, Mr. Barnes imposed a freeze on state hiring and made across-the-board cuts of 2.5% in the 2002 budget and 5% in the 2003 budget.

Rick Day October 16, 2010 at 9:51 am

You lost me at “Cato”.

*sigh*

Maurice Atkinson October 16, 2010 at 12:57 am

Pure hooey. Nice try though.

Jeff October 16, 2010 at 4:34 am

More substantiated than the pedophile crap you’re trying to push.

Maurice Atkinson October 16, 2010 at 9:00 pm

Dream on Jeff.

Rick Day October 16, 2010 at 9:52 am

BUT IT IS A NEUTRAL SOURCE~!

Steve October 16, 2010 at 7:24 am

This is really weak stuff. Georgia is one of the few states that has its own arcane set of evidence rules, rather than being modeled after the Federal Rules of Evidence. Professor Milich and others have been working with the legislature forever to reform the evidence rules and bring them into compliance with national norms.

The primary pushback has been from D.A.’s, because the existing Georgia evidence rules are seen as more prosecutor-friendly than are the Federal Rules. I’m no expert on this 1991 debate, but from Prof. Milich (who I trust a hundred times over the AJC on evidence law) it sounds like the proposed rules would have replaced an existing statute with something stronger. Either way, bashing Deal seems silly because that bill was reviewed and approved by Barnes as well. Also, reform was pushed in the legislature again just two years ago, and was largely supported by the Democrat caucus.

I’m voting for Barnes myself, but I have to call “emperor has no clothes” on this one. You have a sensationalist blog post, including three links to appear credible… but the three links point to a Roy Barnes political ad, a transcript of that Roy Barnes political ad, and some newspaper headline clippings on the Roy Barnes website. Even those 19-year old newspaper clippings contain some back-and-forth, on whether the evidence reform would have weakened the rape shield or strengthened it (I’m sure everyone actually read the articles, right?). This is only a smoking gun if you really want it to be one. If you’re looking at it objectively, it’s nonsense.

seenbetrdayz, Ph.D. October 16, 2010 at 8:06 am

Pretty good assessment, I think. The thing about attacking people politically is that you don’t want to over-do it. When you have to start straining to find a link between Deal (or Barnes, or even John Monds) and some supposed wrong-doing, people tune it out, and it weakens the credibility of genuinely merited attacks in the past.

gritsnga October 16, 2010 at 8:10 am

It is a very important fact that in 1991 Nathan Deal was a Democrat, What he did then was maybe due to Democrats leading the way. sooooo he saw the light… changed his party and his views… 1991…. “give me a break”, he, like most of us, is a different person since 1991. Better for sure…Nathan Deal is still the choice for Georgia…

Rick Day October 16, 2010 at 9:56 am

People don’t change their views in politics, or they get branded ‘flip-flopper’™, a term coined by the GOP. Why is Deal not a flip-flopper™

However, they can change their stripes if it solely benefits their career drive in political office. People who make wholesale changes in views to the point of flipping aisles in Congress are mere opportunists, with no real morality beyond whatever it takes to get re-elected.

macho October 16, 2010 at 8:41 am

First of all, it it’s from 1991, then Deal is not responsible. He was a Democrat back then and he changed all his values when he switched to the GOP. Otherwise you’d have to bring up his public pro-abortion stances and the millions of dollars he funded for abortions, and that would make GRTL look bad for endorsing him.

Plus, you’re not allowed to mention all the massive spending that Deal voted for to show he’s fiscally liberal. Free prescription drugs and government bailouts are off limits, because the GOP leadership told Nathan to vote for it and he had not choice in the matter. It’s only fair to bring up his recent votes for anti-illegal immigrant, anti-gay and anti-obama programs.

Hope that helps to explain what it fair and unfair as far as Nathan’s voting record is concerned.

perimeterprogressive October 16, 2010 at 9:16 am

Wow. Really? Your best excuse is that Deal was a Democrat back then so it doesn’t count? Really?

Rick Day October 16, 2010 at 10:01 am

I think he was using irony, idk

macho October 16, 2010 at 10:10 am

It was a not-so-great attempt at satire.

Lady Thinker October 16, 2010 at 4:14 pm

We get it.

Lady Thinker October 16, 2010 at 10:08 am

Hahahaha. Love it Macho!

Romegaguy October 16, 2010 at 11:30 am

Did Deal get it right the first time when he was a Democrat?

macho October 16, 2010 at 4:04 pm

LOL.

I hear “Deal Real” is being voted on for most ironic campaign slogan of the year.

Georgia Judge October 16, 2010 at 10:41 am

Clint,
This continued viral attack against Nathan Deal is very disappointing you reach a new low everyday.This site has lost much credibilty over the last year.The Republicans will sweep despite the attacks by this sites FPP.

Clint October 16, 2010 at 12:40 pm

With all due respect, the new low is the fact that Nathan Deal is the Republican nominee. I is disappointing that people are still carrying the water for Nathan Deal, despite the facts that have come out against him. I guess this is what happens when you have a segment of the population that is dependent on their income from curring favor with the powers that be like yourself.

Never has there been a more scandal laden, ethically challenged candidate for Governor. You can convince yourself otherwise, but Deal has serious legal liabilities that are too much for people to turn the other way. Now, given the true nature of his character and values, we can further see examples of how he is just not right for Georgia.

Steve October 16, 2010 at 1:40 pm

I basically agree… but only a couple of people in this comment thread are really “carrying the water” for Deal. The rest are just discussing various reasons why this line of attack sounds pretty weak and desperate.

I’m voting for Barnes, and nearly all of the Democratic ticket this year. However, in all honesty I’m not voting for the Dems… it’s more a matter of voting against the GOP. The Dems have been almost ENTIRELY focused on dirt and scandal in this cycle, and haven’t even bothered putting forth a substantive reason to vote for them.

I’ve only seen a single Barnes ad talking about policy, and it was an anti-immigration thing which could have been a GOP ad. Everything else is just dirt on Deal. Sorry guys, but no one really seems to care. I can’t blame them either… because the Dems were just as bad when they were in power, and probably will be just as bad again the next time they’re in power. That’s just the nature of political power in Georgia, sadly. At any rate, if this sort of thing is all the message that the campaign is going to push… then it’s wasting everyone’s time and energy.

B Balz October 16, 2010 at 3:13 pm

Was Ms. Handel carrying the water for Rep.Deal when she asked for voters to get behind their nominee? Just sayin’….

B Balz October 20, 2010 at 11:02 am
polisavvy October 20, 2010 at 11:30 am

In a word, “yup.” Now that all this stuff has come out that her own opposition researchers failed to find, it will be interesting to see what she does. Plus, I believe she still has a significant amount of campaign debt still facing her. Decisions. Decisions. Decisions.

B Balz October 20, 2010 at 12:06 pm

I am inclined to agree. You bring the Milk Duds, I’ll bring the M&M’s. Clint, if he comes, can bring sour grapes. (;>) (Easy lad, all in fun.)

polisavvy October 20, 2010 at 12:08 pm

LOL!!

fishtail October 16, 2010 at 3:13 pm

It is time for some positive TV ads from both candidates

City Slicker October 16, 2010 at 3:39 pm

This is truly pathetic. The deeper one digs into Deal’s past the slimier the mess. The man’s past is like a septic tank. What a disgrace to this State that he is even the GOP nominee.

If Nathan Deal is elected, I think that event will help inspire a Democratic renaissance in this State. Single-handedly, Deal may inspire people to re-think voting Republican for quite awhile.

A Deal win may suck for Barnes but it just may be the thing Georgia Democrats need to get back into the game because, if elected, Deal will either be indicted before his term is up or he will spend his entire 4 year’s in the governor’s mansion serving as a political pinata for media outlets, Independent voters and thinking pundits across the State of Georgia.

B Balz October 17, 2010 at 9:43 am

I liked your posts from the last four years a lot better. (The ones you never made.)

Bill30097 October 16, 2010 at 6:53 pm

A RINO nanceboy quoting lib newspapers smearing a Republican. Clint, you are a sore loser being consumed by hate. Holder’s girl lost. Deal with it!

Lady Thinker October 17, 2010 at 1:26 am

Why do you call her Holder’s girl? What is the source for your comment?

Clint October 17, 2010 at 2:52 pm

Bill there was no one tougher against the Obama Justice Department in this country than Karen Handel.

And, Bill, I’m not a sore loser. I just fail to participate in the misguided group think that is permeating through Georgia Republicans right now. When we start setting aside all relevance to a person’s voting record and the bills they introduced and their very relative voting record, than we’re losing it. There is nothing more relevant than that record.

Just because Deal has an R behind his name now doesn’t make him a saint and above reproach from examination of his record. He can lie and fool some of the people some of the time, but those that follow blindly are cheating themselves and our democracy.

Buzz Brockway October 17, 2010 at 4:37 pm

Clint,

There’s examining Deal’s record and then there’s this stuff. Barnes and the Dems are off base with this attack and they deserve to have it blow up in their faces politically.

The fact that you’ve decided to support Barnes doesn’t mean every attack on Deal is true and that Barnes is right about everything.

Clint October 17, 2010 at 5:06 pm

True Buzz – but this add and the record that it points to is Deal’s record. It’s what he tried to do. It isn’t like they are accusing him of something that isn’t true.

How is it off base?

This Nathan Deal character has really awoken me to the dangers of just following along with whatever one particular party says.

Doug Grammer October 17, 2010 at 2:59 am

So instead of talking about Jobs, Water , Education, or Transportation, SOME PEOPLE want to wallow around in the mud, distorting issues from 20 years ago. Pathetic. Man up.

“Roy Barnes served on the State Bar Evidence Committee that reviewed and approved that proposed legislation.”

Should this be accurate, no more need be said. But let’s say a bit more anyway: “To suggest, as the ad does, that the proposal approved by the State Bar would have abolished rape shield protection for victims in Georgia is simply and absolutely false. “

B Balz October 17, 2010 at 9:56 am

The ad is false at it’s premise, period.
This ad will not resonate with intellectually astute GOP females because ‘Steve’ and other contributors like him are correct.

Advertising false benefits of anything from drugs to breakfast cereal is illegal, but this specious ad flies.

Go figure!

Dawgfan October 17, 2010 at 3:40 pm

“So instead of talking about Jobs, Water , Education, or Transportation, SOME PEOPLE want to wallow around in the mud, distorting issues from 20 years ago. Pathetic. Man up.”

I think I remember Democrats making that an almost identical argument in ’92 and ’96. I guess when Republicans tried to bring it to peoples attention the failures of Bill Clinton we were being “Pathetic”

Doug Grammer October 18, 2010 at 10:48 am

Dawgs,

Even if I agree or disagree with you, we can’t relive the past. We can change what’s said and done in the next 14 days.

Dawgfan October 18, 2010 at 11:59 am

Mr. Grammer:

Don’t you see that you are still doing it? I would bet that argument didn’t work with you then. So, why does it now? Just because the person you’re making it for has an R behind his name?

I’m not an advocate for Roy Barnes, and I certainly won’t vote for him. I’ve held my nose and closed my eyes and voted for bad GOP candidates in the past, and I’ve never been a fan of the purist who scream about Johnny and Saxby being closet liberals either. So, I consider myself a good “Party” man, but there is no way I can vote for Nathan Deal! By electing Nathan Deal we will lower the bar to a point where we will not be able to object to any short comings of future Democrat nominees, or else open ourselve to charges of hypocracy. Even worse we are volutarily lowering the bar for ourselves.

Doug Grammer October 18, 2010 at 12:26 pm

How can I “still be doing it” if I am advocating a discussion on issues that affect average Georgians? Let’s discuss the issues and where the candidates stand on them. If you want to vote for whomever after that discussion, fine, but at least you have done so after look at issues instead of mud.

If there is “no way” you can vote for Congressman Deal, then you aren’t part of my target audience anyway. I’d like our potential discussion to reach the eyes of those who are open minded.

Dawgfan October 18, 2010 at 1:36 pm

So you’re saying in your best Lanny Davis/ James Carville imitation forget the past and character doesn’t matter. Just as long as you’re comfortable with that.

Doug Grammer October 18, 2010 at 2:03 pm

I’m saying lets debate the issues and you want more mud. I’m comfortable with that.

kolt473 October 17, 2010 at 7:27 pm

it’s like the chamber lie started by CLINTON SHISTA crony JOHN PODESTA. Fact KING ROY no better, the media hiding ROYS dirty laundry. TO bad I can’t post anymore stories about KING ROYS alleged dirty dealings. He sued to overturn the motor voter law, plus GA 400 toll money for land purchases, but the big issue, the old flag, King ROY biggest damn fool since JIMMY CARTER GOVERNOR.

kolt473 October 17, 2010 at 11:31 pm

Deal targeted rape shield law, KING ROY sued to overturn motor voter law, which was worse?

Lady Thinker October 18, 2010 at 12:54 am

The rape shield law by far!!!!!!!!!!!11

Doug Grammer October 18, 2010 at 10:46 am

I repeat: “To suggest, as the ad does, that the proposal approved by the State Bar would have abolished rape shield protection for victims in Georgia is simply and absolutely false. “

Joshua Morris October 18, 2010 at 11:09 am

“Deal doesn’t have nor respect the values of Georgians.”

What? I guess English grammar skills are not required here.

Phil Henry October 20, 2010 at 10:56 am

Have any of you actually read the articles linked here? Not many of you have, and if you have, you’ve missed one very important point. The bill sponsored by Deal passed the Senate unanimously. Read that again – every single state senator voted for the bill. The only reason Roy Barnes didn’t vote for it himself is because he was not a member of the senate at the time, having left to run for governor in 1990. If you condemn Deal, who was a Democrat at the time leading a Democratic majority in the senate, you must condemn every member of the senate during 1990-1991, because THEY ALL VOTED FOR IT, every one of them. This would include Sanford Bishop, who is running for re-election this year to the U.S. House. How many of you have condemned him? Again, had Mr. Barnes been a member of the senate, he surely would have voted for the bill also, unless you want to argue that Barnes, a prominent lawyer and state leader, would have been the one dissenting voice in the senate against a bill the Georgia Bar had been working to pass since 1986, and which his majority Democratic party sponsored and passed. Let me stress again, the bill passed UNANIMOUSLY, in a Democratic majority senate.

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