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Originally Posted by guccilvr
Actually, no it wouldn't be rape unless your state has their AOC set at 18.
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Or... yes, it would be if your age of consent is 18. I'm getting the sense you don't want to see my side of it and just want to plead your case. I think this because your quote makes it sound as if what I said is simply not true unless this one condition is met. It happens to be a common age of consent and is often true. Regardless, the point has been lost in your response. Was this deliberate? Do you not want people to see my point?
Whatever age of consent is in your state, in my opinion, it's pretty high and, yet, they are incapable of giving consent. That's the essense of rape: consent. abaya was clearly raped and I, personally, find it weird that there's any debate over the issue...
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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.
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I'm sure most people don't but... twelve? Surely, this will depend on where you are but unless the evidence is strong, how hard can it be to find one dissenter?
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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.
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I don't know if this exemplifies your point. the
Duke rape case sounds like an attempt at a miscarriage of justice but it hasn't worked out well for the prosecution and appears to be normalizing itself. That sounds like a case of the justice system working, not failing...
Rape cases are pretty rare and not highly publicized (or maybe they just seem rare 'cause they're not highly publicized) but I've never heard of a conviction based on a he said/she said case. Indeed, personally, I don't see how such a case can even go to trial. Now, I'm not a lawyer so, really, what do I know but can you link a case where someone was convicted based on her testimony alone?
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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.
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I assure you that I never once thought your stance is that rape doesn't happen. Two women in this thread, alone, were raped. Do I give you the impression that I think you're a moron?
I'm not putting any more faith in the system than I had, before. How does being able to withdraw consent during the act help falsely accuse someone of rape? That makes no sense. You can falsely accuse them without that clarification. All it does is allow a complainant to tell the God's honest truth and still file a valid rape charge. This hardly seems like a bad thing for me...
So, you're saying that, in your state, you don't really have to have probable cause. You can go to a judge with no evidence say "c'mon man!" and he'll say "oh, okay..." and let you proceed to the
grand jury hearing? Really? Believe me, I understand that the criminal justice system is far from perfect, ham sandwiches and all, but we're approaching tin foil hat territory, now...