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US rape case loophole prompts uproar

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posted on Jan, 5 2013 @ 11:52 PM
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reply to post by WaterBottle
 


Thank you for adding that information and link.....


Much respect~
snarky



posted on Jan, 6 2013 @ 12:01 AM
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Originally posted by ShadeWolf
reply to post by WaterBottle
 


That's how the law works. Judges don't get to decide what laws they want to enforce, if it's on the books then it's law. Should it be changed? Of course it should, but the authority to do that lies with the State of California, not a judge in an appeals court.


You are exactly right.....

The defense lawyer did his job getting the defendant off by finding and using that old existing law.
It had to put the judge in a bad spot because even though he might have thought the guy to be guilty, legally he has to stand by the law that was brought up.

But hopefully now that it has garnered a lot of attention, maybe now it will be revised and fixed.



posted on Jan, 6 2013 @ 04:50 AM
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Why would they call it rape in the first place? Nothing was forced.

Sorry but if you're too stupid or so much of a slut to not know who you're having sex with, you brought in on yourself.
edit on 6-1-2013 by SilentKoala because: (no reason given)



posted on Jan, 6 2013 @ 05:18 AM
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Originally posted by SilentKoala
Why would they call it rape in the first place? Nothing was forced.

Sorry but if you're too stupid or so much of a slut to not know who you're having sex with, you brought in on yourself.
edit on 6-1-2013 by SilentKoala because: (no reason given)



--Deny Ignorance--

You might want to re-read the article again.

The article is mainly referring to a very old law that needs to be revised.
And the guy took advantage of a woman while she was sleeping. Inexcusable.
But he got off due to a loop hole found by the defense attorney.



posted on Jan, 6 2013 @ 06:19 AM
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Originally posted by kimish
Simple, She felt guilty for having intercourse with her boyfriends friend and then screams rape so her boyfriend doesnt get pissed at her. You cant tell me that she wouldn't notice the difference!! No 2 penises are alike, for one, Two, not everyone moves the same way! imho she was embarrassed to have been caught cheating on her bf With his friend... She should be prosecuted. No doubt. She gives rap[e victims a bad rap.
This type of thing happens more than it should with accusations of rape.

SMDH
e
edit on 5-1-2013 by kimish because: (no reason given)


She was asleep when he started.



posted on Jan, 6 2013 @ 11:40 AM
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So my question is this.....now that this ridiculous outdated law has been brought to the lime light.....how many other rapists have seen this article/loophole and are now going to use it as their way out? How many rapists will now climb into a women's house and rape her and then claim this law? There are serial rapists out there and sexual predictors who will take full advantage of this.



posted on Jan, 6 2013 @ 07:07 PM
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Originally posted by snarky412

Originally posted by kimish
reply to post by snarky412
 

Yes he posed but do you mean to tell me that the woman couldn't tell the difference? Like I stated, No two penises are the same (hence a different sensation) and no two people perform coitus in the same way.
Right or wrong?

IMO shes taking advantage of the law, Because of what I had stated above, she has no reason to believe it was her significant other.


edit on 5-1-2013 by kimish because: (no reason given)


I understand where you are coming from.....[no pun intended
]

BUT......

If you can take the chick out of the picture for a sec, you have to admit that this law is a tad bit out-dated and bizarre.




edit on 5-1-2013 by snarky412 because: (no reason given)




I agree with you, but it could also be said that the idea that a woman could engage in, and possibly even complete intercourse with someone other than their intended partner, is also a little bizarre. Kimish makes some decent points here. Maybe if she was drugged, or drunk... or the kind of person who takes an hour to wake up even a little. But I'm like that sometimes (take a long time to wake up) and I'm pretty sure I would NOT confuse my girlfriend for another woman, unless it were completely dark and she had not only a very similar build, but also a very similar style of... uh... moving...



posted on Jan, 6 2013 @ 10:10 PM
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Originally posted by OccamsRazor04

She was asleep when he started.

So she says. Rapes leave behind physiological evidence which can be determined by a rape kit investigation at a hospital, so let's see what the evidence says. That's how all criminal accusations are handled. It's this awesome new thing called due process.
edit on 6-1-2013 by SilentKoala because: (no reason given)



posted on Jan, 7 2013 @ 02:28 AM
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reply to post by SilentKoala
 


So waking up with someone on top of you makes someone a slut? Nice logic.

edit on 7-1-2013 by WaterBottle because: (no reason given)



posted on Jan, 7 2013 @ 03:04 AM
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Personally, and I could be wrong, I think women screaming rape get off to easy. If I had intercourse with a woman the previous day, and didnt wear a condom and she gets pissed at me for whatever reason, and says I raped her ... I am in a world of hurt.

Over she said he said.

I don't really pay attention to rape cases because they are disturbing, but that is my opinion. That screaming rape is way to easy.

My mother wouldn't let my brothers bring their girlfriends into the house if she wasn't here because she said all they would have to say is the three of us raped her. Sad when your own mother is scared of how easy it is to claim rape.
edit on 7-1-2013 by milkyway12 because: (no reason given)



posted on Jan, 7 2013 @ 04:57 PM
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reply to post by iwilliam
 




I agree with you, but it could also be said that the idea that a woman could engage in, and possibly even complete intercourse with someone other than their intended partner, is also a little bizarre. Kimish makes some decent points here. Maybe if she was drugged, or drunk... or the kind of person who takes an hour to wake up even a little. But I'm like that sometimes (take a long time to wake up) and I'm pretty sure I would NOT confuse my girlfriend for another woman, unless it were completely dark and she had not only a very similar build, but also a very similar style of... uh... moving...


I understand but.....

The man had NO RIGHT to even think about sneaking into her bed to begin with.
No scruples or respect there on his part. That was wrong in so many ways.

That being said, the loop hole within the law is what the main issue is here, not why she didn't know.

-----------------------------

Also, read what WaterBottle found out about the story post by WaterBottle



posted on Jan, 7 2013 @ 04:59 PM
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reply to post by kimish
 


What the hell?

Rape is rape. What can't you people understand?



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