Johan Santana moves to have the sexual assault case against him dismissed

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A year ago,  Johan Santana was accused of rape. The police investigated, found the accuser’s statements “to be inconsistent with that of other witnesses” and declined to file charges.  Back in August, Santana’s accuser filed a civil suit in Florida.  Santana is now asking that it be dismissed. Why? Because the accuser filed it anonymously, using a Jane Doe, rather than using her real name.

Those of you who have filed high profile trials involving rape or sexual abuse may be wondering why Santana would be asking this, given how common it is for alleged victims to be given anonymity. But that’s mostly in criminal cases, where the victims are merely witnesses, not parties to the suit. In civil suits, such as this one, the accuser is a party seeking money damages. In such cases, the presumption of our legal system is that it is open to the public, and that anonymity is only granted a party if his or her interest in maintaining their privacy outweighs the public interests invoked by an open legal system.

While this is a matter that continues to be litigated, the burden to remain anonymous in a civil lawsuit is pretty high, and it’s not at all uncommon for courts to require that a Jane Doe plaintiff either sue under her own name or else drop the suit, even in sexual assault and rape cases.

And yeah, I realize this has little to do with baseball, but there are a handful of legal issues in the world that still hold my interest, and this is one of them, so you get my ramblings on it.  Wait around a while and I’m sure someone’s option will be picked up.

Max Scherzer, with broken nose, strikes out 10 Phillies over seven shutout innings

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Nationals starter Max Scherzer bunted a ball into his face during batting practice on Tuesday, breaking his nose in the process. He ended up with a gnarly looking shiner around his right eye, making him appear a bit like Terminator. Scherzer still took the ball to start the second game of Wednesday night’s doubleheader against the Phillies.

Despite the injury, Scherzer was incredibly effective, limiting the Phillies to four hits and two walks across seven shutout innings, striking out 10 batters in the process. He might even have had some extra adrenaline going, as he averaged 96.2 MPH on his fastball, his highest average fastball velocity in a game since September 2012, per MLB.com’s Jamal Collier. The Nationals provided Scherzer with just one run of support, coming on a Brian Dozier solo home run off of Jake Arrieta in the second inning, but it was enough.

Wander Suero worked a scoreless top of the eighth with a pair of strikeouts. Victor Robles added a solo homer off of Pat Neshek in the bottom half. Closer Sean Doolittle took over in the ninth, working a 1-2-3 frame to give the Nats their 2-0 victory.

Over his last six starts, Scherzer now has a 0.88 ERA with a 59/8 K/BB ratio across 41 innings. He has gone six innings, struck out at least nine batters, and held the opposition to two or fewer runs in each of those six starts.