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Re: Morning Legal Briefs
Jul 30, 2014, 14:26
Beamer
 
12.
Re: Morning Legal Briefs Jul 30, 2014, 14:26
Jul 30, 2014, 14:26
 Beamer
 
I don't know. A lot of people think of rape as being a crime of physically overwhelming someone. They think of rapists as being a guy in a dark park waiting for some jogger to run by.

They don't think of what they do to a friend in a dorm room as rape. There's a case in Seattle here like that now. The guy kept badgering the girl, she kept saying no, finally she was worn down and somewhat consented, but as soon as he had her pants of she said no again, and kept saying no. The guy admits all of this, but is saying he didn't really think about it, because she said yes, and he wasn't really paying attention to her after that (which, frankly, almost sounds like parody.)

That's rape. He didn't think it was. The school is trying to figure out if it is.

Hell, I remember in law school finding out that a drunk person can't consent. Many states have this as a gender-specific law, but many are changing it. If someone is pass out drunk and consents to sex, then regrets it, it can be construed as rape. The law isn't well written, because, as mentioned, it's often gender specific, and it rarely takes into account if both parties are drunk beyond consent, but this was something my class, myself included, had an enormous amount of time wrapping our heads around because it seemed counter-intuitive, but yes, if you meet someone at a bar or party, they're so drunk they can barely walk, and they bring you home to have sex with them, that can be rape.
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