Do you have adblock enabled?
 
If you can read this, either the style sheet didn't load or you have an older browser that doesn't support style sheets. Try clearing your browser cache and refreshing the page.

(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
    More: Stupid, retrials, trial courts  
•       •       •

10240 clicks; posted to Main » on 04 Jan 2013 at 12:13 PM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



174 Comments     (+0 »)
 
View Voting Results: Smartest and Funniest


Oldest | « | 1 | 2 | 3 | 4 | » | Newest | Show all

 
2013-01-04 03:33:51 PM  

freewill: Magorn: More or less, but I think everyone wanted to wash their hands of the thing by the time it was over so no appeal ever happened. I was in the courtroom because the Judge was a friend of the judge I was working for, and he mentioned to m judge the facts of the case and knew it would be a unqiue one in the annals of the courthouse. Since my judge knew I was interesting in going to lawschool, he sent me and his clerk to further our education. We returned the favor later when we invited his clerk to watch the Paternity case involving a menage-a-trois one-night stand with identical twin brothers

HEY EVERYBODY, THIS GUY'S A PHONEY! A BIG FAT PHONEY!

Magorn: "Years ago, a old DC police vet told me the story of the stragest rape case he ever worked..."


Stalker?
 
2013-01-04 03:36:39 PM  

Artisan Sandwich: Stalker?


Hah! I was looking for a source for the story. As it turned out, the third result was that thread.
 
2013-01-04 03:37:47 PM  

Sybarite: From some of the comments here I'm not sure if people are getting that, no matter how the re-trial goes, the guy already served the three years in prison he was sentenced to for the crime.


You sound like a rapist!

And no, I didn't know that, and it doesn't appear as if anyone who posted here did either (I read every post). Maybe someone did and just didn't mention it?
 
2013-01-04 03:52:14 PM  

freewill: Magorn: More or less, but I think everyone wanted to wash their hands of the thing by the time it was over so no appeal ever happened. I was in the courtroom because the Judge was a friend of the judge I was working for, and he mentioned to m judge the facts of the case and knew it would be a unqiue one in the annals of the courthouse. Since my judge knew I was interesting in going to lawschool, he sent me and his clerk to further our education. We returned the favor later when we invited his clerk to watch the Paternity case involving a menage-a-trois one-night stand with identical twin brothers

HEY EVERYBODY, THIS GUY'S A PHONEY! A BIG FAT PHONEY!

Magorn: "Years ago, a old DC police vet told me the story of the stragest rape case he ever worked..."


Yeah, now that this handle and the real name it's associated with is more or less common knowledge, I don;t worry so much about giving biographical details, so I'm not so concerned about obscuring identifying details like I used to be.
 
2013-01-04 04:22:16 PM  
25.media.tumblr.com
 
2013-01-04 04:30:30 PM  

Magorn: Yeah, now that this handle and the real name it's associated with is more or less common knowledge, I don;t worry so much about giving biographical details, so I'm not so concerned about obscuring identifying details like I used to be.


So. Any links to this fascinating and complicated case which aren't claims you've made on Fark?
 
2013-01-04 04:46:56 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?


i7.photobucket.com

MENS REA! MY GOD! NO!


There was no intent, hence, no crime. Not guilty.
 
2013-01-04 04:59:08 PM  
President Merkin Muffley:
There was no intent, hence, no crime. Not guilty.

He intended to have sex and intended to use force to do so, which are the only elements of the statute, hence guilty. This is the specific intent issue.
 
2013-01-04 05:55:58 PM  
It's not rape if she ask you "are all nerds as good as you?"
s2.postimage.org
 
2013-01-04 06:08:56 PM  
I always yell, "SHAZAAM" before I try and rape a sleeping woman.

/stop looking at me like that.
 
2013-01-04 06:10:21 PM  

Theaetetus: President Merkin Muffley:
There was no intent, hence, no crime. Not guilty.

He intended to have sex and intended to use force to do so, which are the only elements of the statute, hence guilty. This is the specific intent issue.


Having sex by force is not rape if the other party is a willing participant. Even if the partner resists and says no repeatedly, if they have agreed beforehand that they both want this then it is consensual. If the sole definition of rape is that the other partner resists then there are probably many thousands of consensual S&M and bondage fans who are rapists. This is basically a tragic case of mistaken identity. The guy should pay something for this but he should not go to jail.
 
2013-01-04 06:34:33 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?


It was rape. When you have role-playing sex that involves physical or spoken resistance, it's imperative that you talk about it before each and every role-playing session. That, plus a safeword, is the only way to ensure consent.
 
2013-01-04 06:35:32 PM  
if people can riot over the beating of Rodney King, they should riot big time over this. From what I've read, they're trying to let a rapist get off scott free.
 
2013-01-04 06:46:11 PM  

Panatheist: From what I've read, they're trying to let a rapist get off scott free.


Dude, rape shield laws....don't post her name, even if she does have kind of a weird one.
 
2013-01-04 06:55:26 PM  

Why Would I Read the Article: Panatheist: From what I've read, they're trying to let a rapist get off scott free.

Dude, rape shield laws....don't post her name, even if she does have kind of a weird one.


I don't see how I ever implied "scott" was her name? made me chuckle though, I'm not the best writer
 
2013-01-04 09:11:52 PM  
I always wondered why the guy from Revenge of the Nerds wasn't worried about going to jail for raping the cheerleader on the moon.
 
2013-01-04 09:59:52 PM  

DeathCipris: 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?

*sigh* This is a fine ethical line. I hate rape. The very idea of it sickens me. Rapists are the worst of the worst scum on the planet...but...

Are you serious? She couldn't have thought to said "I am not *insert rape-lover's name here*. My name is *whatever*!" If she just took it and didn't try to make this man aware of who she was or even just trying to explain in a firm way that she isn't who he thinks she is; that he has made a mistake, then I side with the man that this wasn't rape.
However, and I think this infinitely more likely, she screamed that she isn't her sister. She is a twin, and he has them confused. In that case, I say lock the rapist up, because I don't care how "real" your shiat gets when someone is actually telling you that they aren't who you think they are, and you don't being to notice things, you raped her.


I think it's pretty likely that when being awakened from a sound sleep by a stranger trying to have violent sex with you, your first thought might not be "It's important that I identify myself". If the boyfriend, in fact, did not know about the sister it's likely that the sister didn't know about the boyfriend or their sex play. Unless he called her by her sister's name, she may not have known why it was happening.

The whole story sounds improbable as described.

As for the article, this is a case where following the letter of the law leads to a grave injustice.
 
2013-01-04 11:33:19 PM  
Seems reasonable to me. What is the issue? If a chick is single and is having sex she is a slut anyway and shouldnt have any complaints about this sort of thing.
 
2013-01-04 11:38:11 PM  
Jeez, everything is rape now. There's rape everywhere you turn around every corner. I'm hoping I can avoid raping someone while I walk through the parking lot to my car tonight. Rape.
 
2013-01-04 11:56:29 PM  

stiletto_the_wise: Jeez, everything is rape now. There's rape everywhere you turn around every corner. I'm hoping I can avoid raping someone while I walk through the parking lot to my car tonight. Rape.


To the tune of everything is food from the Popeye movie: everything is upside down, everything is poon to go now...

Also, there seem to be some uptight folks who have never enjoyed sleepy sex in this thread.
 
2013-01-05 08:39:55 AM  
So a woman can have the state jail a man for having sex with her through deception...yet.....men who get stuck with a kid when the woman they're having sex with tells them they can't get pregnant so don't wear a condom deception still have to pay child support.

Equal rights huh?
 
2013-01-05 09:34:59 AM  

CrazyCracka420: Sybarite: From some of the comments here I'm not sure if people are getting that, no matter how the re-trial goes, the guy already served the three years in prison he was sentenced to for the crime.

You sound like a rapist!

And no, I didn't know that, and it doesn't appear as if anyone who posted here did either (I read every post). Maybe someone did and just didn't mention it?



They didn't make that clear in the original article, but it was in the link I posted.
 
2013-01-05 08:03:10 PM  
what if the woman u rape is the one your married to
 
2013-01-06 11:17:37 PM  

ElBarto79: Having sex by force is not rape if the other party is a willing participant. Even if the partner resists and says no repeatedly, if they have agreed beforehand that they both want this then it is consensual. If the sole definition of rape is that the other partner resists then there are probably many thousands of consensual S&M and bondage fans who are rapists. This is basically a tragic case of mistaken identity. The guy should pay something for this but he should not go to jail.


I know this thread is pretty well DOA, but trippy disconnect there, man: because it's a case of mistaken identity, the other party is not, in fact, a willing participant.

Unless mens rea is an element of the crime (and apparently, in D.C., it is not), his well-intentioned belief that he was forcing a willing participant is irrelevant.
 
Displayed 24 of 174 comments


Oldest | « | 1 | 2 | 3 | 4 | » | Newest | Show all


View Voting Results: Smartest and Funniest

This thread is archived, and closed to new comments.

Continue Farking
Submit a Link »
On Twitter








In Other Media
  1. Links are submitted by members of the Fark community.

  2. When community members submit a link, they also write a custom headline for the story.

  3. Other Farkers comment on the links. This is the number of comments. Click here to read them.

  4. Click here to submit a link.

Report