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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.
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Actually, no it wouldn't be rape unless your state has their AOC set at 18.
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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...
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Look, we read and hear lawyers (prosecution and defense) talk about the way the system all the time. They talk about the fact that there is a guilt association with defendants. Jurors will often think "why would he even be here if he isn't guilty". I think the problem lies in the fact that most people <b>DON't</b> think the system is faulty.. not that too many people think the system is faulty.
In this state, there isn't necessarily alot of evidence. Hell, you can take a look at the Duke Rape Case as a prime example. It's not just here that it happens. Girl cries rape, man goes to trial, girl cries, man gets a fat one in prison for the next 25 years.
I'm not saying that it doesn't happen. Don't take it that way. Rape does happen and is very real and very horrific. However, I just think that the laws are abused and can be done so easily. To put faith in the system blindly and say that it works is just silly. A first appearance or "prima facie" case doesn't really hold much water. In this state your first appearance is to simply plead your status and then hear your bail. Then your probable cause hearing presents some evidence by both sides. More often than not (I have lawyer friends) the probable cause doesn't really mean shit. The judge will see a probable cause as that is a pretty broad term. Then it goes to trial. So basically, what I'm saying is that if you want to hold faith that a prima facie case will be your saving grace should you get into trouble, you should make sure you have plenty of vacation time stored up at work.