LafayetteLady -> RE: Name who you would like to rape on campus (12/19/2011 11:12:43 AM)
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ORIGINAL: DaddySatyr quote:
ORIGINAL: LafayetteLady If the girl is willingly imbibing, there is no "coercion." Actually, in some states, you will find that even if a lady has willingly imbibed, that means that she is "unable" to give consent. That sounds a bit crazy but it's true. A lady who is drunk can "consent" to sex, sober up, the next day and claim rape and her partner can be convicted. I'm not sure which states but I am almost sure that I reside in one (New Jersey) and I believe New York has a similar set up for their "requisite consent" laws. What I find ironic is that if the lady is not capable of forming requisite consent due to being impaired by alcohol, why isn't that a valid defense for her "attacker"? Peace and comfort, Michael Actually Michael I live in NJ also and it isn't quite that simple. Those are the kinds of cases that people are likely to complain go unprosecuted, but the actions of the victim (consenting while drunk) do make the case difficult to prove. There are several laws that are designed to "protect women." In Florida, statutory rape occurs any time a person over 18 has sex with someone under (I'm pretty sure) 17. The law goes so far as to literally state that if the underage person showed a fake ID indicating they were over 18 AND knowingly willfully consented to the act (and doesn't recant that consent was made), the prosecution can still be made, and in Florida it is not a rare occurance. And I do get angry about drunk women who wake up sober the next morning and want to cry rape because they regret having sex with the guy (willingly) the night before. To me, it is no different than the myriad of women who claim domestic violence as a means to try to gain an advantage during a divorce/custody battle. It serves to make things more difficult for the women who are suffering from true domestic violence, or who did experience real date rape. Those women are also part of the reason that prosecutions are hard to obtain in legitimate cases.
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