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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
    More: Stupid, retrials, trial courts  
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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»



Voting Results (Funniest)
View Voting Results: Smartest and Funniest

2013-01-04 10:04:18 AM  
5 votes:
Good thing we don't have legislators now that have vague views on rape.
2013-01-04 12:20:19 PM  
3 votes:
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 09:11:52 PM  
2 votes:
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 03:04:45 PM  
2 votes:

freewill: tried by a jury of your Fark peers.


I really didn't need that nightmare tonight.
2013-01-04 01:53:13 PM  
2 votes:

Profedius: Unmitigated derp


You are too stupid to have a penis. Please stop by your nearest medical center and have it swapped out with something less potentially damaging, like a throw pillow or an egg timer.
2013-01-04 01:02:51 PM  
2 votes:
Rather than posting an article with text of the decision, I'd prefer the entire act and subsequent case, trial, what have you, be acted out on camera - Benny Hill style. Because, it all seems that silly.

Not to make lite of someone opening a 40lb box, but this really seems more like a, I don'tknow, maybe a 25lb box?


I'm not trying to be trendy by saying "redonk", I'm just not sure how to spell "rediculious".
2013-01-04 12:32:05 PM  
2 votes:
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 12:27:46 PM  
2 votes:
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 12:24:21 PM  
2 votes:
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 03:15:44 PM  
1 vote:

This text is now purple: Magorn: What actually happened in the case was similar to your initial analysis. With the Judge's permission the jury read a statement saying that they found that as a matter of Fact, the twin was raped, but that as a matter of law the accused was not guilty of rape. They were doing it just to soother their own cosciences I think, but it ended up having some practical benefits as the judge ws able to word the verdict in such a way that the twin was elgible for assistance from the crime victim's compensation program, and manged to get free therapy IIRC

...

Juries are triers of fact and judges triers of law, correct? So they passed along a sufficiently wishy-washy guilty verdict that it wouldn't have stood up to appeal?


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 <i> menage-a-trois</i> one-night stand with identical twin brothers
2013-01-04 02:50:51 PM  
1 vote:

HTApprovedChick: I am sure this true of vagoos, too.


Nah. Some I can hit easy hit bottom in, others not. Some even have a bit more texture, like a cat's tongue.

/ What?
2013-01-04 02:28:54 PM  
1 vote:

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.


She was unaware of the boyfriend's identity according to testimony, or her sister's propensities. She was under the impression that this was a stranger who had broken in and was attacking her, and since the couple played "stranger danger" games, he never once used her name calling her things like "slut" and "whore" instead.

I realize it sounds like a law school problem, but this is how it actually shook out in court.
2013-01-04 02:16:41 PM  
1 vote:

DeathCipris: 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.


Facts not in evidence, but hey, what if that was actually a key part of their regular rape role-play, her pretending that she was her sister? What then, huh? Huh? Huh? Giggity.
2013-01-04 02:10:04 PM  
1 vote:

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?


Rape by deception on the part of the non-occupant sister.
2013-01-04 01:47:52 PM  
1 vote:

chairmenmeow47: note to farkers: never be unconscious around Profedius.


Learned that one the hard way myself.
2013-01-04 01:25:21 PM  
1 vote:

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?


Depends. Everyone knows that one of each set of maternal twins is missing a soul (i.e. the evil twin). If it turns out that the "victim" was the soulless twin, one must acquit.
2013-01-04 01:08:31 PM  
1 vote:
has rapelincoln.gif finally retired?
2013-01-04 12:59:37 PM  
1 vote:

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
2013-01-04 12:56:32 PM  
1 vote:

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

Why would I do that?


cache.ohinternet.com
2013-01-04 12:51:55 PM  
1 vote:

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 12:51:43 PM  
1 vote:
farm6.staticflickr.com

Note to self: Go to California. Rape.
2013-01-04 12:34:01 PM  
1 vote:
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 12:27:41 PM  
1 vote:

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 12:26:43 PM  
1 vote:

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 12:26:00 PM  
1 vote:

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 12:24:16 PM  
1 vote:

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!
 
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