I'm not saying the status quo is acceptable or that what she describes wasn't rape, but by no means do we want to head towards a world in which claiming you said a word is sufficient to convict someone of a serious crime.
You're both wrong. Rape is not merely defined by someone saying "no." Sexual assault/penetration needs to occur as well. Maybe you shouldn't have sex with people if you have any doubt as to whether it's consensual?
There are no more false claims of rape than any other crime. Please do some research before repeating such vile filth, especially in a male-dominated community such as this one. The fact that I am even having to post this is proof that your comment is rather derailing.
Penetration occurs in consensual sex as well. All I'm saying is that I agree that we do not want to live in a world where a claim of rape (regardless of penetration occurring or not) is all that is required for a conviction.
I'm sorry, but that's all that there should be. If a woman says no, that's how she establishes her lack of consent. Lying to a court is illegal. That's covered. End of story.
Those are separate matters: one is a matter of law, the other a matter of fact.
Suppose for example, that the police interviewed this man and he confirmed every part of her story. Then I think there would be sufficient evidence of rape.
On the other hand, if he gave a completely different story, maybe there would be insufficient evidence.
The problem with the ADA is their apparently wrong understanding of the law
But we do want to head toward a world where people have control over other people's physical advances on them simply by voicing their consent.
Maybe it could help if you imagine a situation where someone claims that you were willingly joining in a street fight with someone, i.e. that you were fighting together, when the street fight consisted of some thug saying to you, "Wanna fight?" and you saying "No."
(I'm really hoping this comment page doesn't turn into a shit storm.)
Why does the ADA need to dismiss her complaints? The ADA might feel that there is not enough evidence to make conviction likely, and that would be appropriate reason not to prosecute, but that doesn't mean you have to convince her that she wasn't raped.
I agree. That there isn't evidence of a struggle is a factor that influences the probability of conviction (which obviously is the primary consideration for prosecutors in determining whether to proceed with a case), but it isn't a necessary requirement for the offence to have occurred.
Wouldn't without proper evidence this will become 'he said, she said' kind of scenario. As much as I want to have solidarity with the victim but without proper evidence and investigation, any prosecution would be vigilante justice; prone to errors.
The lack of prosecution is not the entirety of her essay. Even if her rapist were successfully prosecuted, there would still be good reason for her to write what she has.
Why is this here? Because MIT is ostensibly a tech school so it is "6 degrees" relevant? "Off-Topic: Most stories about politics, or crime, or sports, unless they're evidence of some interesting new phenomenon"
> I dreamed every night that a different man raped me. In excruciating detail, I dreamed myself being raped by my closest friends, men I have loved and trusted, my family, and men I have purely imagined. Faithfully, every night, men would sink into my dreams and find me. Each night was a new and complex scenario...
I kind of wonder sometimes when a person is exposed to trauma, how much of the resulting issues are due to that event, and how much are due to the removal of the illusion of the false safety and control our minds create... With the latter brining out deeper weaknesses, fears, and physiological issues that were simply covered up.
Not sure how to interpret this. It seems to be a case where a young sexually repressed woman got taken advantage of. That she was taken advantage of is not being disputed, but whether or not she was raped. I find it bizarre that the ADA dismissed the complaint, but it is possible that there is more at play here (i.e the accused rapist is considered someone "important", leading the office to squash the complaint).
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[ 2.6 ms ] story [ 52.7 ms ] threadDid she say no? If she did, then that's all that is necessary.
What is it with DAs in the Boston area being general piles of scum (see: Carmen Ortiz)?
Are we not there already? Who hasn't heard of false rape claims and such going way too far?
There are no more false claims of rape than any other crime. Please do some research before repeating such vile filth, especially in a male-dominated community such as this one. The fact that I am even having to post this is proof that your comment is rather derailing.
http://theenlivenproject.com/the-truth-about-false-accusatio...
Penetration occurs in consensual sex as well. All I'm saying is that I agree that we do not want to live in a world where a claim of rape (regardless of penetration occurring or not) is all that is required for a conviction.
Suppose for example, that the police interviewed this man and he confirmed every part of her story. Then I think there would be sufficient evidence of rape.
On the other hand, if he gave a completely different story, maybe there would be insufficient evidence.
The problem with the ADA is their apparently wrong understanding of the law
Maybe it could help if you imagine a situation where someone claims that you were willingly joining in a street fight with someone, i.e. that you were fighting together, when the street fight consisted of some thug saying to you, "Wanna fight?" and you saying "No."
Sounds like the definition of declining, to me.
Why does the ADA need to dismiss her complaints? The ADA might feel that there is not enough evidence to make conviction likely, and that would be appropriate reason not to prosecute, but that doesn't mean you have to convince her that she wasn't raped.
You did the right thing by speaking up.
Best wishes for you now and in the future.
I kind of wonder sometimes when a person is exposed to trauma, how much of the resulting issues are due to that event, and how much are due to the removal of the illusion of the false safety and control our minds create... With the latter brining out deeper weaknesses, fears, and physiological issues that were simply covered up.