laurell3
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quote:
ORIGINAL: Lordandmaster
People seem to be forgetting the reasonable-doubt standard. Yes, we all agree that a rape-consent form doesn't authorize you to rape someone, and if they have OTHER TYPES OF EVIDENCE to show that you raped someone, then you're going to get convicted. But if some unhappy bitch decides to prosecute for rape after she's made it very clear that this has been her long-cherished fantasy, a prosecutor will need more than just her word in order to make a charge stick. A documentary record of conversations with her alleged rapist, confessions of her desires, and so on, will make it much more difficult to convict. You need quite a bit more than "Oh, at the last minute I changed my mind and that makes it rape" in order to convict someone.
One caveat: if you're black and you're in the South, all bets are off. Juries down there seem to be willing to convict a black man for anything. Sorry to have to say it.
quote:
ORIGINAL: laurell3
quote:
ORIGINAL: Lordandmaster
That's not necessarily true. Obviously, a rape-consent form doesn't authorize one person to rape another, but it still counts as evidence and could be used to undermine her (or the prosecutor's) case if they invent a bullshit story.
quote:
ORIGINAL: Vanatru
consent forms won't protect you in a court.
Consent doesn't negate the general assault and it's questionable whether it would help at all with a charge of sexual assault. The form/video would be just as likely to be good evidence against you to prove your intent to commit an assault. There's no evidence in the world that can make wiitwd legal. Trust is all there is.
Please reread my post. I'm fully aware of reasonable doubt and every other standard of proof and the necessity of corroborating evidence. But the OP didn't ask about that.
People are rarely charged with just one primary offense, juries are almost never instructed on just one primary offense. A jury can find you guilty of a lesser-included offense upon instruction by the court. There is a difference in regard to a felony sexual assault and a misdemeanor assault, primarily consent (although arguably many others, but in context this is the relevant issue). As I stated, while it may be evidence to negate the sexual assault, there is still the issue of a general misdemenor assault, which in most states is still illegal regardless of consent. The evidence may actually prove your intent to commit a misdemeanor assault. The consent form/video tape will prove the reasonable doubt standard for the general assault. That is my point.
Again, trust and the relationship is the answer, not legalities. The OP seems to be awol anyway, so there doesn't seem to be much point in this continued debate.
Edited to add: I agree KoM, as I stated above, a "consentual rape" is legally nonsensical. I'm assuming the OP means if someone said it was a real sexual assault.
< Message edited by laurell3 -- 11/5/2007 4:58:23 PM >
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