[Content Note: Description of assault, kidnapping, threats.]
As you long-time readers know, Joe Francis, douchebag, creator of the "Girls Gone Wild" videos and all-around horrible human being isn't exactly popular around here. He's been in trouble for his, ahem, "antics" in the past, but now it looks like he may finally, finally face some prison time.
According to prosecutors, the 40-year-old creator of “Girls Gone Wild” invited three women to get into his limousine. The women thought they were getting a free ride to a parked car nearby. But Francis took them to his residence.Okay. I'm glad that Francis is facing serious punishment for his assault, but in my opinion, "up to" five years in prison isn't nearly enough time for an assault this violent. Not to mention the fact that Francis should also be facing time for kidnapping, which is never mentioned. He was charged with three counts of false imprisonment. It is important to note the difference.
Once there, he refused to let them leave and “grabbed one of the women by the throat and hair and slammed her head into the tile floor four times,” according to city attorney Carment Trutanich. After the altercation, he escorted the three women out of his house and threatened them, telling the women they should not call the police. They did anyway.
Kidnapping occurs when a person, without lawful authority, physically moves another person without that other person’s consent, with the intent to use the abduction in connection with some other nefarious objective. Kidnapping may be done for ransom or political purpose or other purposes. Kidnapping can be of first degree or second degree. Kidnapping is a crime which is punishable upon successful prosecution.Which, by the way, is what happened. It is possible that this was considered false imprisonment, rather than kidnapping, because the victims went with Francis "willingly," though under false pretenses. Which is pretty fucked up.
False imprisonment, on the other hand, gives rise to a civil claim for damages. False imprisonment means the illegal confinement of one individual without his or her consent by another individual in such a manner as to violate the confined individual’s right to be free from restraint of movement.
Compared with kidnapping, false imprisonment can be a relatively inoffensive, harmless restraint of another person. It is usually a misdemeanor, punishable by no more than an year in jail. An individual whose conduct constitutes the tort of false imprisonment might also be charged with committing the crime of kidnapping, since the same pattern of conduct may provide grounds for both. However, kidnapping may require that other facts be shown, such as the removal of the victim from one place to another.
"Whether a celebrity or not, you will be held accountable for your misdeeds," said Trutanich, according to the L.A. Weekly. "The victims in this case should be commended for their courage in stepping forward and reporting these attacks, and for not being intimidated from seeing this matter through the justice system."These are very brave women. I wish them justice and peace.
[Commenting Guidelines: By way of reminder, jokes and comments regarding harm done to prisoners is not welcome in this space. The culture of violence is not dismantled using violent rhetoric.]