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Originally posted by ISUKappa
Does the legal definition say anything about who instigates the act? Just curious if even though the guy was just as messed up but he was still the instigator if that would have any affect on the charge. I understand what you're saying completely otherwise.
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This isn't nearly my area of 'expertise', and it would definitely vary from state to state, and I'm 100% sure the judicial review is light to non-existent - that said, "instigation" is a slippery slope, and I think you'll find it hard to express instigation in this sort of way. There's the omnipresent specter of "but I was drunk too!" in this - and the requirement that the rules be the same across the board.
Again - I was just playing devil's advocate, as this thread has evoked massive emotion from some people, even while we don't know the specifics of the situation beyond the sparse info James has given us to promote discussion. I get that, it's a hot-button issue, and one I wish people wouldn't have to have experience with, but it's a bit over the top. There are so many different sides to this, it's hard to even know where to start, so I'm just trying to fill in a few of the blanks.
Quote:
Originally posted by ISUKappa
The letter of apology would be in addition to counseling and/or educational training. Solely for the woman's benefit that the guy acknowledges what happened probably shouldn't have. Likewise, I think the friend that left her alone in that situation should have to write her one, too.
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That's fair enough - I'm all for things that help the victim, even if only via some sort of token gesture (sometimes that's all it takes to start the wheels in motion). I guess that it's hard to draw the line between what should involve education or etc, and what should constitute jail time - that's definitely way beyond me to decide.
ETA: (remove pointless paragraph that james just addressed)
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