Quote:
Originally posted by James
It is kind of a philosophical disagreement. As you say, a women with three beers in her can say she really wasn't in her right mind and that technically could be rape. Although ultimately its only rape if there is a conviction.
I agree Sugar and spice that this is probably a a topic better discussed else where, but in a lot of case studies I have read about date rape situations it seemed more of a failure of social behavior during unusual situations.
A friend of mine just sat on a rape trial as a juror and the jury was mostly female. He said it was interesting in the back room because the women, and they were all older, were mush less sympathetic than the men.
They said that no, doesn't always mean no, in dating situations. And in the absence of violence, any struggle, or really even any threat, they voted to acquit the guy.
Rape is a rally serious crime with a lot of Jail time but we tend to use the term rather loosely. And its become a buzzword laden with a lot of emotion.
But anyway, the way amy describes it would fit the rape statute, assuming she really was drugged, of which there was no proof.
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It is becoming quite clear that you understand little of what you speak, but you brought up some interesting points so I'll bite.
It's only rape if there's a conviction? Try again. I think I understand what you mean but it was badly phrased.
The situation you described with the jury is interesting, and probably pretty common right now -- but it will change drastically in the coming years. Many older women ARE very stringent about what constitutes a rape because they themselves were raised with the idea that if you're drinking/if you're wearing suggestive clothing/if you're flirting with the guy/if you've hooked up with him before/etc., it's your fault. However, rape laws have changed drastically since these women were growing up, and women (and men) today are being taught completely different things about whose fault it is. I'm making an educated guess that in twenty or thirty years the way the average woman views rape will be completely different, and if men don't want to get slapped with a lot of rape charges they had best start falling in line before that happens.
The whole rape issue is very much at a crossroads right now -- standards of what is acceptable and unacceptable are changing very very quickly and I think that makes it hard for a lot of people to understand the issues.
And like I said, regardless of whether or not Amy was drugged, her rape case would be a fairly easy conviction (as much as any rape case is) in most states if she had the evidence to back it up and if she chose to go forward with it. She was passed out -- thus unable to give consent -- therefore, it is pretty clearly a violation whether or not the guy thought so.