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velvetears -> RE: Is it rape if she likes it? (5/4/2007 4:56:42 PM)
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quote:
ORIGINAL: CuriousLord
Arrogance? If she went to the police and reported this guy- they'd tell her..
"Look, you were drunk. How do you know you didn't consent? Rape cases don't even go forward in 'his word versus her word' cases when there's no evidence- you want me to jail this guy based on the fact that, when drunk, you don't explicity remember providing consent after you took him back from the bar? You don't even know who he is, his name, or even what he looked like! There's nothing we can do for you."
I can't believe you said I was at the "height of ARROGANCE!!" for pointing out the guy wouldn't go to jail. Jeeze.
Velvetears wrote in a previous post:
You don't know what you are talking about. Having sex with someone who is impaired is against the law for your information because the impaired person is not able to give consent. The police would be very interested in collecting evidence (semen) and pressing charges to put the scum bag away. Where do you get these things from??
Curious Lord Wrote:
In a court of law, there's two sides to a story. The state must make its case against a defendant. You're innocent until proven guilty.
Now, in a case of "he raped me!", with no other evidence- as most men have the common sense to wear condoms with girls they pick up from the bar- what's the jury going to decide? He's not proven guilty. For all they know, this guy called her fat, they got into a big argument, and she's just making it up to get back at him.
Now, add in she was drunk and can't remember whether or not she provided consent? Even she's not sure he raped her! Maybe she consented, but just forgot due to alcohol! I mean, jeeze, the girl can't even, in good conscience, claim he raped her.
And, where do I get these things from? My father was an attorney. As is my uncle. I know the law and my way in and out of court. But, hell, this is common knowledge. How did you not know it?
Edit: I'm not responding to the second one. It was just name calling and such. Let's try to act like adults.
Velvetears wrote:
You haven't heard a thing i am saying. The parts i bolded in your post above are what i want to point out. i will reiterate one more time - If a man has sex with a woman who is impaired, whether she verbally consents or not - it is in fact RAPE. She cannot give consent becasue she is impaired - a cop would not even ask her if she gave consent if he knows she was drunk when they guy had sex with her.
Look at the law:
RAPE
LAWS RELATING TO RAPE
According to the Penal Code Section 376, a man is said to have committed rape if he has sexual intercourse with a woman under any of the following conditions or circumstances:
Against her will. Although the woman is capable of giving her consent, she willfully and consciously rejects sexual intercourse with a man, but is forced into it.
Without her consent. Sexual intercourse may take place without the woman's consent because she is incapable of giving her consent, For example, she may have been drugged and as such may have been unconscious at the time of the incident. This can also apply to a person who is incapable of giving a conscious consent to the act due to mental deficiency or insanity.
With her consent, but the consent was obtained as a result of putting fear in the woman of hurt or death to herself or any other person, or when the consent obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequent of such a misconception. For example, when a bomoh or a sinseh promises to cure a girl of some form of ailment provided she has sex with him, even though he knows that the sexual act does in no way contribute towards the healing. It also applies to a bogus physician who rapes a patient while pretending to give medical treatment.
With her consent, but the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent With her consent but when at the time of consent, she is unable to understand the nature and consequence of that to which she gives consent. This could be if she is drunk or is high on drugs.
With or without her consent, when she is under sixteen years of age. This is because children and teenagers below this age are deemed by the nature of this immature judgement, legally unable to give consent.
The Penal Code also states that penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. By penetration it is meant even partial penetration or the slightest degree of entrance of the penis into the labia or vulva or pendendrum with or without the emission of semen.
[Edited for clarity as the quotes got all messed up]
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