Getting away with rape

[astuffedshirt_perv]

Interesting case here in Baltimore, now he's 4 for 4. Frankly, I'm surprised this line of defense isn't used more often.

http://www.slate.com/blogs/crime/20..._been_acquitted_of_three_sexual_assaults.html

http://www.baltimoresun.com/news/ma...i-clifford-acquitted-20131025,0,4888716.story

 

[DwellerDark]

This calls for a little vigilantism. Nobody should be allowed to flaunt our pathetic legal system like this guy and keep getting away with it.

 

[Handley_Page]

Interesting case here in Baltimore, now he's 4 for 4. Frankly, I'm surprised this line of defense isn't used more often.

http://www.slate.com/blogs/crime/20..._been_acquitted_of_three_sexual_assaults.html

http://www.baltimoresun.com/news/ma...i-clifford-acquitted-20131025,0,4888716.story

Sweet Lord; please take this man away and punish him !

Imagine if the four victims got together to extract some revenge. . . .
[there's plot bunny there, I reckon ]

 

[Boxlicker101]

Saying she was willing is probably the most common defense, especially when there is no doubt that some kind of sexual activity happened. Without corroborating evidence, it's a defense that is hard to disprove.

 

[A_Little_Show]

[deleted]

 

[lovecraft68]

Thanks for this thread, I needed this tonight.

But really, thanks it helped me out with something.

 

[RichardBacula]

Interesting case here in Baltimore, now he's 4 for 4. Frankly, I'm surprised this line of defense isn't used more often.

http://www.slate.com/blogs/crime/20..._been_acquitted_of_three_sexual_assaults.html

http://www.baltimoresun.com/news/ma...i-clifford-acquitted-20131025,0,4888716.story

It's used pretty often, actually.

 

[soflabbwlvr]

My first reaction was to wonder whether that county has terrible prosecutors or if Clifford just has a tremendous attorney. But then a detail in the Baltimore Sun article caught my eye. According to that article, he is accused of breaking into the women's homes in the middle of the night. Are they able to prove that the homes were broken into? That would tend to negate the alleged defense of consent. Also, did police find the ice pick? Did it have his fingerprints? Maybe he isn't a rapist. Maybe he just goes after the low hanging fruit. In either case, he's definitely a creep.

 

[i_would]

Saying she was willing is probably the most common defense, especially when there is no doubt that some kind of sexual activity happened. Without corroborating evidence, it's a defense that is hard to disprove.

And that goes both ways. For a woman it's also quite easy to claim she's been raped even if it's not true.

And there will be plenty of situations where women wants to "explain" a one-night-stand in such a manner to save face with their peers, specifically when it comes to religious issues. "I'm an innocent girl, he forced me to!"

 

[Boxlicker101]

And that goes both ways. For a woman it's also quite easy to claim she's been raped even if it's not true.

And there will be plenty of situations where women wants to "explain" a one-night-stand in such a manner to save face with their peers, specifically when it comes to religious issues. "I'm an innocent girl, he forced me to!"

That's true, of course. Rape may be the only charge where the accused has to prove his innocence. That doesn't happen all the time, but it does happen. In the Duke Lacrosse case, for example, there was exculpatory evidence, and the prosecutor tried but was not able to suppress all of it. In another high-profile case, I believe Mike Tyson was probably not guilty, and I say this because there was evidence that appeared after the conviction.

 

[MSTarot]

Saw this and thought it rather profound.


http://www.upworthy.com/7-cowardly-words-from-a-totally-sexist-stranger-sparked-this-courageous

Would love to see all of that written down.

 

[horrorotica]

It's a stock standard defence in most rape trials. The accused always says it's consensual and more often than not they get off with this defence.

 

[Boxlicker101]

It's a stock standard defence in most rape trials. The accused always says it's consensual and more often than not they get off with this defence.

In a way, that's as it should be. The prosecutor has an obligation to prove guilt beyond a reasonable doubt. An accusation should not be prima facie evidence of guilt.

In the four alleged rapes mentioned on this thread, this should have been possible, if the accused rapist broke in to a residence. There would have been damage to the door or window, and the woman should have been able to prove the man was a stranger to her and they were not together that night.

Of course, if she had a pistol for self-defense, the trial might not have been necessary.

 

[sr71plt]

Of course, if she had a pistol for self-defense, the trial might not have been necessary.

Yes, because more likely than not, she'd be dead and he'd never be found.

 

[horrorotica]

In a way, that's as it should be. The prosecutor has an obligation to prove guilt beyond a reasonable doubt. An accusation should not be prima facie evidence of guilt.

In the four alleged rapes mentioned on this thread, this should have been possible, if the accused rapist broke in to a residence. There would have been damage to the door or window, and the woman should have been able to prove the man was a stranger to her and they were not together that night.

Of course, if she had a pistol for self-defense, the trial might not have been necessary.

Most rape cases are not stranger attacking a woman or breaking into their houses etc. Most rape cases happen by someone the victim knows even on an acquaintance level. Trying to decide between a consensual act and non-consensual one can be very difficult for a jury as all kinds of cultural and moral prejudices come into play that are always stacked against the victim of the crime. That's why most rapists get off and why most victims don't report offences.

 

[Stella_Omega]

Rape may be the only charge where the accused has to prove his innocence.

Rape is the only charge where the defense routinely attacks the victim and tries to convince the jury of her guilt.

Or his guilt for that matter, and when men start to realise that they too will not be believed when they have been raped-- we might see some change in our culture's attitude.

 

[voluptuary_manque]

That will be a long time coming, I'm afraid. Men are even worse about reporting rape than women are, no matter who the perp is, male or female. Some years back there was a serious suggestion that we just drop the term 'rape' and prosecute for aggravated assault. It seems easier to convict . . .