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- An interesting hypothetical rape case...
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| An interesting hypothetical rape case... | |
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| Tweet Topic Started: Sep 16 2011, 04:34 PM (890 Views) | |
| Wallace | Sep 16 2011, 04:34 PM Post #1 |
Break out the L-word. The other L-word.
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Not sure if this goes here, but whatever. So I came up with this idea for a case a while ago and it was brought back to my attention today as we spoke of the subject in my Criminal Justice class... The scenario is: a woman files sexual assault against a man. The man claims that he did have sex with her, but that it was consensual, and was not sexual assault. My question is this: since he admits that they had sex, and this can be proven, how would her consent be proven or unproven? I have thought about it and it seems to me that the only evidence to either would be their own biased testimonies as the only witnesses. |
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| Lord Tora Unlimited Crusader | Sep 16 2011, 04:41 PM Post #2 |
【The Knight of Tigers 】
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Depends. If it's reported fairly quickly, there'd be signs of a struggle on the woman at least, probably on the man as well. Photographic evidence of the marks/injuries/whatever could be taken and supplied as evidence. *holds up a finger* Conversely. Such injuries could theoretically be faked with the right preparation, maybe even with the help of a third party. On the other hand, if the case isn't reported early enough, the physical evidence would be gone, leaving us at square one. Ah. Drug both parties up to the eyeballs and wait for one of them to slip up. Apparently that's illegal though, but I don't see why. |
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| Lady Miracle | Sep 16 2011, 05:32 PM Post #3 |
[insert something cheerful here]
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From what I understand, when a woman is raped, there are signs of sexual trauma in her vagina, which can be show by an SAE kit. |
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| KogaHarine | Sep 16 2011, 05:51 PM Post #4 |
The Black Swordsman
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Never thought I would see the word vagina on this site... But yeah it's usually very sketchy ground since there isn't usually any witnesses other than the two involved. And so there is usually some bias on either side. |
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| Johnny Boy | Sep 16 2011, 06:36 PM Post #5 |
Let the winds of change and fires of creation dance to my desire!
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I'll go out on a limb here and say 'Lie detection'. Yeah, never really put much thought into this either. |< |
 THE HAMMER IS MADE OF WANK. | |
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| Lord Tora Unlimited Crusader | Sep 16 2011, 06:54 PM Post #6 |
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【The Knight of Tigers 】
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... Actually, I think not putting much thought into it just solved the problem. O___O A polygraph, geez, talk about Occam's Razor... |
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| Lord English | Sep 16 2011, 06:57 PM Post #7 |
Sandopolis Act 2
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I'm sure it's more complicated than that |P I mean... you gotta have more evidence than that, right? It's not like murder trials are solved simply with a polygraph. .../knows nothing about law |
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| Johnny Boy | Sep 16 2011, 07:08 PM Post #8 |
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Let the winds of change and fires of creation dance to my desire!
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But this only pertains to this certain rape case, my lovable little Pegasus. :3 We have two sides, no other witnesses, and possible physical damage that is recognizable. If anything, this could be the move that traps the king. Checkmate. |
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THE HAMMER IS MADE OF WANK. | |
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| Wallace | Sep 16 2011, 07:18 PM Post #9 |
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Break out the L-word. The other L-word.
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Yeah, if I remember correctly I believe I read somewhere that the results of polygraphs are rarely considered conclusive evidence by a court. It's not all that difficult to cheat the lie detector, from what I understand. So, the only things that could possibly prove either side is signs of struggle and possibly a polygraph, however unlikely. And everything TUC said about the former missing if it was reported too late, or if such marks were faked (which I imagine wouldn't be a terribly difficult thing to do) is also true. This would be such a tough case to get to the bottom of without a confession, I would think. |
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| Phoenix-Saturn | Sep 16 2011, 09:54 PM Post #10 |
i just wwant to be beautiful for this one month
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One problem would be the jury. Apparently the CSI Effect (Which may or may not exist) makes it so that jurors want more evidence than polygraph tests and eyewitnesses. Of course, there would likely be evidence of a rape as long as it was reported quickly. |
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Kitm
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Sep 16 2011, 10:15 PM Post #11 |
Lava Reef Act 1
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A case like this in which there were no other witnessess would most likely rely on a myriad of methods. Assuming that it was reported soon after, you'd have your physical evidence to draw from, which is probably the most likely to reveal whether or not there were signs of a struggle, you'd have the criminal records of both parties to look through (who knows, maybe the man was a repeat offender. Maybe the woman had a history of fraudulent claims), they'd have, as mentioned, polygraphs, as well as their in-court testimonies, possible physical and mental trauma, etc. There's a lot of options to consider. Assuming that after all of that, the evidence was inconclusive and the jury couldn't reach a verdict, the man would likely get off with a conditional discharge. Otherwise, it goes one way or the other. |
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| Katsuko | Sep 16 2011, 10:23 PM Post #12 |
Sandopolis Act 1
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The man should always take the "NO SHE RAPED ME" tact. Always. |
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| Amarok | Sep 17 2011, 07:37 PM Post #13 |
Fear the cold...
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There IS the fact that such lie detecors are not always accurate. Have you ever seen a large majority of legal cases use Lie-Detectors? First of all, a lie detector works by monitering body functions, searching for (prefferably sharp) changes, such as heart rate. If the possibly guilty party was able to control his reaction... [/purposelyleavinganambiguousend] |
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| [Kanon] | Sep 18 2011, 06:39 AM Post #14 |
Azn to the max.
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Not enough information to prove both of their statements. That's all I could say. I wouldn't resolve into mere speculations. But if I did, I'd say: One of them must have a devious plot to the other. |
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| Katsuko | Sep 18 2011, 07:50 AM Post #15 |
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Sandopolis Act 1
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Indeed. Edited by Katsuko, Sep 18 2011, 09:56 AM.
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