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Originally posted by JR@Jul 31 2003, 04:00 PM
but it seems to me on the surface that this law creates a HUGE gray area. we can have sex, it can be consensual, we can have fun... and after the fact, you can say "i said no" right before he climaxed and he pumped me a few more times... and thats rape.
what can be more gray than that? no struggle? no evidence of rape? not only that but we are talking about consensual sex taking place. what does does it mean to "change your mind"? what is the code word where each party knows it just went from screwing their brains out and having a good time to "rape"?
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of course that's not going to be able to be proven in a court of law, so no, that case would probably get dismissed.
if the girl had bruises, scratches, pulled out hair, was bleeding etc, because she struggled (making the sex act a violent act without consent - legally defined as rape) then this would start to form a case.
but no matter how many laws like this are brought in to try to protect women, the burden of proof still lies with the victim to 'prove' the act became non-consensual. She has to convince the jury she isn't a slut, explain her relationship with the victim, describe the consensual sex act, and convincingly explain to a mixed jury why she changed her mind or what made the act become non-consensual ...
even after going through this process ... well look at the stats gigi posted.
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if a guy and girl are shitfaced and their are screwing thier brains out and its totally consensual... and the girl says half heartedly "i changed my mind" - thats rape?
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of course not, she would get slaughtered by a jury and/or a defense lawyer.
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what is scary about something like this is that there seems to be no burden of proof. it does not add clarity to anything that i can see. it creates a nightmarish gray area on top of what already is often a pretty questionable situation.
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not at all, the burden of proof has ALWAYS been with the woman. Pornwolf made a few comments that i couldn't even be bothered scrolling backwards to copy regarding how women always get their way - i'm still scratching my head trying to figure out what kind of lifestyle one must be living to truly believe that.
some really good posts in this thread