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(Washington Post)   Back woods law from 1872 states that it's only rape if the woman you tricked is married. Difficulty: California   (washingtonpost.com) divider line 174
    More: Stupid, retrials, trial courts  
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10215 clicks; posted to Main » on 04 Jan 2013 at 12:13 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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ZAZ [TotalFark]
2013-01-04 08:56:40 AM  
I don't like "rape by deception" laws anyway. Repeal the criminal laws but say the woman and/or her boyfriend can chop you into little bits if they catch you at the scene.
 
2013-01-04 08:57:49 AM  
 
2013-01-04 08:58:45 AM  
The appeals court added that prosecutors argued two theories, and it was unclear if the jury convicted Morales because the defendant tricked the victim or because sex with a sleeping person is defined as rape by law.

This is certainly a problem. Get it together, prosecutors
 
2013-01-04 10:04:18 AM  
Good thing we don't have legislators now that have vague views on rape.
 
2013-01-04 10:23:53 AM  
Are the judges saying this law violated equal protection under the US Constitution?

So why don't, why can't they just declare that law unconstitutional and ignore that?

/this whole trial is out of order
 
2013-01-04 12:16:19 PM  
Justice was served....
 
2013-01-04 12:18:24 PM  

dletter: Good thing we don't have legislators now that have vague views on rape.


I just wanted to repost this because who misses this comment is truly missing out.

/would lol again.
 
2013-01-04 12:20:19 PM  
For a precedent on this ruling, one needs to only look at the case of Revenge Vs. Nerds, c. 1984.

Verdict: Not rape
 
2013-01-04 12:21:10 PM  

RoyBatty: Are the judges saying this law violated equal protection under the US Constitution?

So why don't, why can't they just declare that law unconstitutional and ignore that?

/this whole trial is out of order


Err, how would that be helpful?
 
2013-01-04 12:22:59 PM  
Difficulty: California

Ends in "-a", former Spanish colony. We'll let it slide.
 
2013-01-04 12:24:16 PM  

Why Would I Read the Article: For a precedent on this ruling, one needs to only look at the case of Revenge Vs. Nerds, c. 1984.

Verdict: Not rape


I have always wanted to do it in a moon room since seeing that!
 
2013-01-04 12:24:21 PM  
Is there a statute of limitations on this? Whilst in college, I was asleep in my roomate's room after a night of partying (very stoned and drunk). His girlfriend came in (also very drunk and stoned) and we had sex. I thought it was my girlfriend, she thought it was her boyfriend.

Even though we lived in Austin, I am scared the GOP might press charges on both of us.
 
2013-01-04 12:25:06 PM  
Is it just me, or does anyone else find it unlikely that she didn't know someone other than her BF was boinking her. I mean, I think I would notice the difference even with the lights off.
 
2013-01-04 12:25:34 PM  
Original signer of 1872 law.
img.izismile.com
 
2013-01-04 12:25:38 PM  

Why Would I Read the Article: For a precedent on this ruling, one needs to only look at the case of Revenge Vs. Nerds, c. 1984.

Verdict: Not rape


What you did there.

/I smell it
 
2013-01-04 12:26:00 PM  

Holocaust Agnostic: Err, how would that be helpful?


It would force the legislators to actually address the issue by making it a crisis instead of saying "pretty please with sugar on top" and allowing them to kick the can down the road.
 
2013-01-04 12:26:43 PM  

Fark Rye For Many Whores: Difficulty: California

Ends in "-a", former Spanish colony. We'll let it slide.


So Virginia was a Spanish colony but not New Mexico?
 
2013-01-04 12:27:18 PM  
Judges seem a bit weak these days - surely they all could have agreed on a new interpretation, or at worse a .. lets-just-ignore-this-one response.
 
2013-01-04 12:27:41 PM  

Ladies, can you not tell when a different dick is pounding away at you?

I have a feeling this chick knew what was up.

upload.wikimedia.org
 
2013-01-04 12:27:46 PM  
What if l was tricked into thinking a woman is my wife....

What should l do if a suspicious smudge is noticed on her birth certificate?

I don't think she is really from the US...

Still waiting for the original long form.
 
2013-01-04 12:28:56 PM  

Jacobin: Is it just me, or does anyone else find it unlikely that she didn't know someone other than her BF was boinking her. I mean, I think I would notice the difference even with the lights off.


If I wasn't sh*tfaced then yes I certainly would notice.
 
2013-01-04 12:30:18 PM  

ZAZ: I don't like "rape by deception" laws anyway. Repeal the criminal laws but say the woman and/or her boyfriend can chop you into little bits if they catch you at the scene.


The deception laws are a little redundant. Rape is having sex with someone without their consent.
The lady in this article either asleep and unable to consent (article is kinda iffy the way I read it), or consented to sex with her boyfriend. The rapist is not her boyfriend, therefore he did not have her consent. Even more, pretending to be someone else indicates he knew he didn't have consent.

This should have been covered under a standard rape-rape law.
 
2013-01-04 12:32:05 PM  
Isn't it screamingly illegal to have at someone who is asleep, especially if you have no indication of prior consent? Or are we going with the "women who occasionally fall asleep are totally asking for it" defense?
 
2013-01-04 12:32:34 PM  
Wh ... wha ... say what?
 
2013-01-04 12:32:46 PM  
I bet this law makes perfect sense to Diane Feinstein. She just wants it to be updated to ban "high-capacity penises", and to ban certain "evil pubic hair features" from an otherwise legal rape-like activity. Lead the way California...
 
2013-01-04 12:34:01 PM  
How does this work with slave/master relationships? She didn't consent but her will is not her own and is the sole property of her master.

And mute women without arms who cannot sign a consent form.
 
2013-01-04 12:34:56 PM  
So, it wasn't a legitimate rape... Well, she shouldn't have been such a drunkin' slut and ask for it by passing out horny.
 
2013-01-04 12:37:45 PM  
The deception laws are a little redundant. Rape is having sex with someone without their consent.
The lady in this article either asleep and unable to consent (article is kinda iffy the way I read it), or consented to sex with her boyfriend. The rapist is not her boyfriend, therefore he did not have her consent. Even more, pretending to be someone else indicates he knew he didn't have consent.

This should have been covered under a standard rape-rape law.


I do agree with this, but I also have the question of how in the world can a woman not know if somebody other than their significant other is sticking their bandingo in her hoohaw?

it's not just the peener that's different, it'll be the height/weight of the guy, feel of their skin, hands, etc. It boggles my mind, honestly, and it's the one thing that casts doubt for me whether this was true "rape rape," Whoopi Goldberg style, or just a girl who cheated on her boyfriend and felt bad about it.
 
2013-01-04 12:37:50 PM  
If she was drunk, don't they have something on the books to fry him on the grounds she couldn't consent?
 
2013-01-04 12:38:32 PM  

ZAZ: I don't like "rape by deception" laws anyway. Repeal the criminal laws but say the woman and/or her boyfriend can chop you into little bits if they catch you at the scene.


I'm not a fan of rape by deception laws either, but I don't think this was really rape by deception. It was regular rape where the victim was just confused for a minute. I understand why the judge overturned it though. California needs to get their shiat together.
 
2013-01-04 12:39:09 PM  
Why Would I Read the Article: For a precedent on this ruling, one needs to only look at the case of Revenge Vs. Nerds, c. 1984.

Verdict: Not rape


Only because the girl didn't press charges.
 
2013-01-04 12:42:08 PM  

Lady Beryl Ersatz-Wendigo: Isn't it screamingly illegal to have at someone who is asleep, especially if you have no indication of prior consent? Or are we going with the "women who occasionally fall asleep are totally asking for it" defense?


She didn't sleep through the whole thing. She woke up and consented. It would be nice to know what the guy did in order to deceive her. If his crime is just banging a chick with the lights off, I don't think that should be rape. He'd have to do something extraordinary in order to make her think it was the husband. Really need more details before I can form an opinion on whether this is rape or not.
 
2013-01-04 12:44:06 PM  

Why Would I Read the Article: The deception laws are a little redundant. Rape is having sex with someone without their consent.
The lady in this article either asleep and unable to consent (article is kinda iffy the way I read it), or consented to sex with her boyfriend. The rapist is not her boyfriend, therefore he did not have her consent. Even more, pretending to be someone else indicates he knew he didn't have consent.

This should have been covered under a standard rape-rape law.

I do agree with this, but I also have the question of how in the world can a woman not know if somebody other than their significant other is sticking their bandingo in her hoohaw?

it's not just the peener that's different, it'll be the height/weight of the guy, feel of their skin, hands, etc. It boggles my mind, honestly, and it's the one thing that casts doubt for me whether this was true "rape rape," Whoopi Goldberg style, or just a girl who cheated on her boyfriend and felt bad about it.


If you read the article or the judgement (linked earlier), according to her, when she woke up and noticed it wasn't her boyfriend, she fought and pushed him off.
 
2013-01-04 12:46:23 PM  

JonPace: Lady Beryl Ersatz-Wendigo: Isn't it screamingly illegal to have at someone who is asleep, especially if you have no indication of prior consent? Or are we going with the "women who occasionally fall asleep are totally asking for it" defense?

She didn't sleep through the whole thing. She woke up and consented. It would be nice to know what the guy did in order to deceive her. If his crime is just banging a chick with the lights off, I don't think that should be rape. He'd have to do something extraordinary in order to make her think it was the husband. Really need more details before I can form an opinion on whether this is rape or not.


From the decision:
According to Jane, she woke up to the sensation of having sex. She was in a different position on the bed, perpendicular to the position she had been in when she fell asleep. She was confused because she and Victor had agreed not to have sex that night. When light coming through a crack in the bedroom door illuminated the face of the person having sex with her, i.e., defendant, she realized it was not Victor and tried to push him away. Defendant grabbed her thighs and pushed his penis back into her vagina. She pushed him away again and began to cry and yell. Defendant left her room; Jane locked her door and called Victor, asking him to come back to her house.

If "pushing away, crying, and yelling" is consent to you, I'm concerned.
 
2013-01-04 12:46:54 PM  

Why Would I Read the Article: For a precedent on this ruling, one needs to only look at the case of Revenge Vs. Nerds, c. 1984.

Verdict: Not rape


Would Sixteen Candles apply in this case?
 
2013-01-04 12:47:08 PM  

Random Anonymous Blackmail: And mute women without arms who cannot sign a consent form.


They can nod their head, though.
 
2013-01-04 12:48:44 PM  

poe_zlaw: Is there a statute of limitations on this? Whilst in college, I was asleep in my roomate's room after a night of partying (very stoned and drunk). His girlfriend came in (also very drunk and stoned) and we had sex. I thought it was my girlfriend, she thought it was her boyfriend.

Even though we lived in Austin, I am scared the GOP might press charges on both of us.


Dear Penthouse Forum...
 
2013-01-04 12:50:08 PM  
Additionally, while that is her version, his isn't much better:
Deputy Sheriff Peralta and other deputies responded and searched the area,eventually finding defendant crouched down behind some bushes. While being detained in Deputy Peralta‟s patrol car, defendant spoke to another deputy, Deputy Leyn. He admitted that he had gone into Jane‟s room while she was asleep. He said that he had kissed her and that she kissed him back, but he thought she might still be asleep. He pulled down her pajama bottoms, got on top of her, and started to have sex. He said she probably thought he was her boyfriend, and when she realized he was not, she started screaming. During a second interview with Deputy Leyn, defendant once again described what happened, including that Jane was asleep when he put his penis into her vagina, and wrote out a statement admitting that he kissed Jane and touched her vagina while she was asleep.
 
2013-01-04 12:50:12 PM  
Rubber Man is unimpressed.

media.tumblr.com
 
2013-01-04 12:51:43 PM  
farm6.staticflickr.com

Note to self: Go to California. Rape.
 
2013-01-04 12:51:55 PM  

Theaetetus: If you read the article or the judgement (linked earlier),according to her, when she woke up and noticed it wasn't her boyfriend, she fought and pushed him off.


Why would I do that?
 
2013-01-04 12:52:42 PM  
So would this be grounds for a fraud complaint in civil court?
 
2013-01-04 12:52:52 PM  
It's not Rape if you yell "SURPRISE" beforehand.
 
2013-01-04 12:53:07 PM  

Theaetetus: Additionally, while that is her version, his isn't much better:
Deputy Sheriff Peralta and other deputies responded and searched the area,eventually finding defendant crouched down behind some bushes. While being detained in Deputy Peralta‟s patrol car, defendant spoke to another deputy, Deputy Leyn. He admitted that he had gone into Jane‟s room while she was asleep. He said that he had kissed her and that she kissed him back, but he thought she might still be asleep. He pulled down her pajama bottoms, got on top of her, and started to have sex. He said she probably thought he was her boyfriend, and when she realized he was not, she started screaming. During a second interview with Deputy Leyn, defendant once again described what happened, including that Jane was asleep when he put his penis into her vagina, and wrote out a statement admitting that he kissed Jane and touched her vagina while she was asleep.


upload.wikimedia.org
 
2013-01-04 12:53:27 PM  
Reminds me of the Inverse case I once saw prosecutted in a DC court:

WOman and her boyfriend reuglarly engage in rough sex with a side of violent rape fantasy.  Much screaming biting , kicking , pleading etc to the intense delight of both partners. Unbeknowst to the BF the Girl has an indentical twin sister who is a stewardess who has a key to the apt and often crashes there unannounced when she has an unexpected layover in town.

 Boyfriend comes home see his girlfriend sleeping on the bed in a sexy stewardess' outfit, thinks it is a signal for some hard-core role play.  Girlfriend doesn't disappoint giving an oscar-worthy performance of unwilling rape victim, fighting back extra hard, screaming at the top of her lungs etc.

In the post-coital quiet, the BF lights up a cigarette, the Girl runs out and calls the cops.  His sex partner turns out to be the unknown twin and not his GF and he is promptly charged with rape.

IF you are on the jury, How would you have found?
 
2013-01-04 12:53:30 PM  
I can understand why this is rape, my question is how far does this extend? If a guy lies about being a doctor to get in a girls pants can he be charged with rape? In both cases the guy is misrepresenting who he is to trick a girl into sex.
 
2013-01-04 12:54:35 PM  

Magorn: Reminds me of the Inverse case I once saw prosecutted in a DC court:

WOman and her boyfriend reuglarly engage in rough sex with a side of violent rape fantasy.  Much screaming biting , kicking , pleading etc to the intense delight of both partners. Unbeknowst to the BF the Girl has an indentical twin sister who is a stewardess who has a key to the apt and often crashes there unannounced when she has an unexpected layover in town.

 Boyfriend comes home see his girlfriend sleeping on the bed in a sexy stewardess' outfit, thinks it is a signal for some hard-core role play.  Girlfriend doesn't disappoint giving an oscar-worthy performance of unwilling rape victim, fighting back extra hard, screaming at the top of her lungs etc.

In the post-coital quiet, the BF lights up a cigarette, the Girl runs out and calls the cops.  His sex partner turns out to be the unknown twin and not his GF and he is promptly charged with rape.

IF you are on the jury, How would you have found?


sucks for that dude, but there was no consent. he's a rapist.
 
2013-01-04 12:56:32 PM  

Why Would I Read the Article: Theaetetus: If you read the article...

Why would I do that?


cache.ohinternet.com
 
2013-01-04 12:57:48 PM  

Magorn: IF you are on the jury, How would you have found?


For the twin's horror alone, regardless of the fact of his confusion... yes, he's a rapist.
Did he know GF had a twin who would stay over sometimes? Or that she had a twin?

Still, with what the girl went through, she deserves some accountability taken.
 
2013-01-04 12:59:37 PM  

CapeFearCadaver: Magorn: IF you are on the jury, How would you have found?

For the twin's horror alone, regardless of the fact of his confusion... yes, he's a rapist.
Did he know GF had a twin who would stay over sometimes? Or that she had a twin?

Still, with what the girl went through, she deserves some accountability taken.


if only she'd had an accountabilabuddy
 
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