An interesting hypothetical rape case...

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An interesting hypothetical rape case...
Tweet Topic Started: Sep 16 2011, 04:34 PM (888 Views)
Wallace	Sep 16 2011, 04:34 PM Post #1
Break out the L-word. The other L-word. Posts: 1,889 Group: S Rank Hero Member #11,873 Joined: February 24, 2011	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 Bowie	Sep 18 2011, 04:02 PM Post #16
What is the difference between a duck? Posts: 4,799 Group: Former Monarchs Member #7,312 Joined: April 10, 2008 Playstation Network ID: Allbowdown Xbox Live Gamertag: allbowdown	Lie Detection is useless though because the Polygraph Test is not admissible in a court of law. One thing I don't like is that two people can have consensual sex only to have one (typically the woman) claim rape far later in the future, and since the law is slanted against men in pretty much every way, the woman typically comes out of a case like that with at least something. Rape cases and divorce lawsuits, very typically, are won by the women, whether or not there is good reason behind it. It's easy money.
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Amarok	Sep 18 2011, 04:12 PM Post #17
Fear the cold... Posts: 1,571 Group: S Rank Hero Member #11,292 Joined: July 31, 2010 Gender: Male Country: United States of America 3DS Friend Code: 4639-9449-9700 Nintendo ID: EzekialWolffe Game Currently Playing: The Legend of Zelda: Skyward Sword	Bowie Sep 18 2011, 04:02 PM Lie Detection is useless though because the Polygraph Test is not admissible in a court of law. That's basically what I was hinting. Quote: One thing I don't like is that two people can have consensual sex only to have one (typically the woman) claim rape far later in the future, and since the law is slanted against men in pretty much every way, the woman typically comes out of a case like that with at least something. Rape cases and divorce lawsuits, very typically, are won by the women, whether or not there is good reason behind it. It's easy money. True, but you'd have to consider the case without normal prejudices. That's basically how the jury is selected, after all.[/quote]
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Phoenix-Saturn	Sep 18 2011, 04:14 PM Post #18
i just wwant to be beautiful for this one month Posts: 7,528 Group: A Rank Legend Member #10,191 Joined: July 27, 2009	Bowie Sep 18 2011, 04:02 PM Lie Detection is useless though because the Polygraph Test is not admissible in a court of law. One thing I don't like is that two people can have consensual sex only to have one (typically the woman) claim rape far later in the future, and since the law is slanted against men in pretty much every way, the woman typically comes out of a case like that with at least something. Rape cases and divorce lawsuits, very typically, are won by the women, whether or not there is good reason behind it. It's easy money. But that doesn't mean no one is ever raped ever.
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Lord Bowie	Sep 18 2011, 04:52 PM Post #19
What is the difference between a duck? Posts: 4,799 Group: Former Monarchs Member #7,312 Joined: April 10, 2008 Playstation Network ID: Allbowdown Xbox Live Gamertag: allbowdown	@Penguin - Yeah but you can never really expect a Jury of humans to be unbiased in one way or another.. @Yuuri - It doesn't mean that they're raped every time either..
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Phoenix-Saturn	Sep 18 2011, 04:54 PM Post #20
i just wwant to be beautiful for this one month Posts: 7,528 Group: A Rank Legend Member #10,191 Joined: July 27, 2009	No. But I thought for this case it was actually a rape.
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Lord Bowie	Sep 18 2011, 04:58 PM Post #21
What is the difference between a duck? Posts: 4,799 Group: Former Monarchs Member #7,312 Joined: April 10, 2008 Playstation Network ID: Allbowdown Xbox Live Gamertag: allbowdown	"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." The scenario is that she submitted a lawsuit saying one thing and he is saying another.. whether or not it really was a rape was not specified because we're trying to prove one way or another. Despite how hard that may actually BE to prove it won't necessarily matter.. I've seen and heard of women "crying wolf" and getting money out of innocent guys pockets just cause the way the law works, and the way the jury works, it's far too easy. My counter to the question, do you even have to PROVE anything for the guy to be found guilty ANYWAY?
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Phoenix-Saturn	Sep 18 2011, 05:00 PM Post #22
i just wwant to be beautiful for this one month Posts: 7,528 Group: A Rank Legend Member #10,191 Joined: July 27, 2009	Well, it's really devastating to both parties. Also, not all rape is male-on-female.
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Lord Bowie	Sep 18 2011, 05:05 PM Post #23
What is the difference between a duck? Posts: 4,799 Group: Former Monarchs Member #7,312 Joined: April 10, 2008 Playstation Network ID: Allbowdown Xbox Live Gamertag: allbowdown	@Yurri - I'm aware of that, but that is far and away the most common occurring. And I don't see how getting free money out of what could be a bogus lawsuit being really all that devastating, it's devastating to the guy for sure, who it put on a sexual predator/rapist list, loses lots of freedom and money, and pretty much has his life ruined forever. If they actually can prove that it was done and the guy really did do it, then sweet.. but if not, it's a horrible condemnation.
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Katsuko	Sep 28 2011, 09:28 AM Post #24
Sandopolis Act 1 Posts: 1,687 Group: S Rank Hero Member #1,933 Joined: August 14, 2007 Gender: Male	Quote: And I don't see how getting free money out of what could be a bogus lawsuit Cost in terms of time / legal fees / scandal >>> minimal compensation awards, which are rarely given.
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Lord Master of Darkness�	Sep 28 2011, 11:14 AM Post #25
Posts: 6,570 Group: Former Monarchs Member #6,063 Joined: February 19, 2008 Xbox Live Gamertag: The Stig Pwnz Steam ID: mod1982	From my dark experience with this subject, the officials almost always tend to take her word over the man's. Just because. Women crying wolf... ugh, don't get me fudgeing started on this.
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Ark Rotarl	Sep 29 2011, 08:13 AM Post #26
Squeak Posts: 242 Group: C Rank Guardian Member #11,377 Joined: September 4, 2010	If there's not enough evidence to prove the consent of either one party, then a case like this is often dismissed unless a private detective is requested to gather more circumstantial evidence that could help one side of the case. Until such evidence can be presented to the court to be examined and further prove the plaintiff or defendant's testimony, the case would be inconclusive.



snow toilet	Sep 29 2011, 01:10 PM Post #27
Huffing Kitty Litty Posts: 796 Group: E Rank Hero Member #11,631 Joined: December 7, 2010 Gender: Male Playstation Network ID: SnowToilet Nintendo ID: MegaVectorman Game Currently Playing: Parasite Eve	This might be a really dumb question but why would a rape case be considered "interesting"? I might not be reading the topic correctly.



Fwiss	Sep 29 2011, 01:22 PM Post #28
Sandopolis Act 1 Posts: 1,567 Group: S Rank Hero Member #9,080 Joined: June 18, 2008 Gender: Male Steam ID: fwiss1174	Bowie One thing I don't like is that two people can have consensual sex only to have one (typically the woman) claim rape far later in the future, and since the law is slanted against men in pretty much every way, the woman typically comes out of a case like that with at least something. Rape cases and divorce lawsuits, very typically, are won by the women, whether or not there is good reason behind it. It's easy money. So true. That's why I'm not getting married or doing any interaction with anyone. That and I hate children. Anyhoo, just note that the case is always innocent until proven guilty. It's more like Russell's Teacup than anything. An other words, this man would be able to go to an appellate court if he WAS convicted. Whether or not he actually did rape her, with this evidence it is impossible to convict someone. I've noticed a few girls in my class actively trying to get pregnant so their boyfriends can't leave them. I'm in high school. This is what happens when America. Just a thought, since it was related.
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Wallace	Sep 29 2011, 01:34 PM Post #29
Break out the L-word. The other L-word. Posts: 1,889 Group: S Rank Hero Member #11,873 Joined: February 24, 2011	snow toilet Sep 29 2011, 01:10 PM This might be a really dumb question but why would a rape case be considered "interesting"? I might not be reading the topic correctly. What I meant was that it would be interesting to see the outcome of this particular hypothetical case. Not that rape is an interesting thing.
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`TakeCare	Sep 29 2011, 03:47 PM Post #30
-sigh- Posts: 2,390 Group: S Rank Hero Member #9,520 Joined: November 29, 2008 Gender: Male 3DS Friend Code: ask Game Currently Playing: Smash 4	Fwiss Sep 29 2011, 01:22 PM *This is what happens when* America.** That's American alright. In a "he said she said" scenario's I always figure someone is trying to out bs the other, and in the end the female typically wins. It's a double standard. -shrug- You can go through the evidence, but one could claim it was rough sex. I mean dominatrix could be sued for abuse, but who hears about that.
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