The evidence thus far, including the rape kit, shows that her vagina was consistent with her having had sex within a few days of the rape kit being used.
Whether the sex was voluntary or not can't be told by the vagina . . in my experience the vagina doesn't speak.
The conlusion that she was raped was made by the totality of the evidence. Her vagina showed the effects of sex. She said she was raped. She had marks on her body she said were from the rape, and she was agitated in a way consistent with someone in emotional turmoil.
If she was beaten by the men at the party, and forced into sex by the men at the party . . . then she was raped.
If she had sex before the party, was bruised before the party, and was not forced into having sex with any of the people there . . . then she was no t raped .. but the physical evidence would be the same.
Quote:
Originally posted by mccoyred
The fact is that based on ALL the evidence thus far, the woman WAS RAPED. Hence the reason for the DA to continue with the case regardless of the outcome.
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