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Originally Posted by abaya
But here's the thing. Obviously, sex without consent is rape. I get that. But in my case, the guy was drunk (he said), I was clearly drunk, and I was asking *him* to go back to his place... because I thought he was actually a friend of mine that I knew (I was that fucked up).
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Tell me, why is it that my having sex with a 17 year old rape? I mean, she consented and she enjoyed it! Yet it's rape...
Normally, I'd let you come back to me with this 'cause I prefer that people think for themselves but, considering your responses to my posts (or lack, thereof), I'm sensing that you just don't get it so I'm going to spell it out for you.
It's rape because children are incapable of giving consent.
A sweet and sexy 17 year old was asking for sex and enjoyed it but it's still rape because she is incapable of giving consent.
You were raped because you were incapable of giving consent. In your own words, you were "that fucked up." Being stupidly drunk and being drugged are no different (alcohol is a drug, you know...). You were incapable of giving consent (as is the 17 year old) so any sex you had during that time is nonconsentual and, by definition, rape.
Now, you have no evidence that it was rape so going to trial is most likely futile. You probably don't even want to go to trial since they're far from fun. However, a lack of evidence (or charge) doesn't mean there's a lack of a crime. How many unsolved murders are there? The victims were still killed, though...
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Originally Posted by guccilvr
This is bullshit and you know it. The idea of the justice system here is 'innocent until proven guilty'. It's a fallacy. People will always place some sort of guilt association with the defendant. That's just human nature. There are plenty of men in jail for rape that never committed the act. There are many more who did. The system isn't always correct.
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I "know it?" "It's just human nature?" Please, what's with the crappy rhetoric? What about your nature? In order to convict, you have to have twelve people unanimously agree upon the defendant's guilt. How many jurors hate "the system" and think it's as unfair as you do? How many of them think the government is corrupt? It only takes one...
Go tell
O.J. Simpson about "human nature..."
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I don't know what state you are in, but around here in yee-haw land, convictions are more common than aquittals.
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If your state has a lot of convictions, surely it's because they have a lot of evidence. I know laws differ from state to state but I'm pretty sure that every state must make a
prima facie case before proceeding to trial. That means that you can't just go to trial and hope for the best. You have to be able to prove your case before going to trial. This is why not every complaint goes to court...
I don't think the law is nearly as abused as people like to think and I don't see how a little clarification hurts, here...