hawkeye10 wrote:ossobuco wrote:I agree. I was really stunned by the quotes Brooke just highlighted. I suspect Hawkeye means that with the advance in the understanding of rape, play rape is now illegal. But as many posters have said, if it's play/voluntary, it isn't by definition rape. He takes a walk on the ice slope that there is some natural agreement for rape (I take it as real rape) to happen, simply in being together on a date or in a marriage or other long term relationship. Primitive opinion.
You really should look at some actual rape law. from Chumly's post on page 5
Quote:Rape is no longer gender based and men or women can be prosecuted for rape and can be raped. Placing a person in fear of sexual assault is an offense even if it is not intended as an offense. Also significant is that the new article on rape has removed the element of "without consent" from the list of facts that the government has to initially prove beyond a reasonable doubt. In fact the burden of proof to a preponderance of the evidence is on the DEFENSE to prove that the act was WITH consent. This is an unprecedented change that exists no where else in the UCMJ or in any other jurisdiction in the United States. Once the defense meets its burden of proving the act was with consent, the government gets another chance to prove the act was without consent.
The one who is acting as aggressor is guilty till proven innocent, and contracts are not admissible. Just as women had great difficulty proving rape with the old laws, men now have great difficulty proving that they did not commit rape. Women now have great leeway to change their minds after the fact, as the simple claim by them that they were hurt goes far to convicting the man of rape, and consent is difficult to prove.
Counsel 's letter, from which u quote,
addresses a new article in the Uniform Code of Military Justice.
It indicates that members of our Armed Forces,
even if thay have remained
CELIBATE,
remain in danger of conviction of rape,
unless
thay can prove their innocence by a preponderance of the evidence.
I gotta wonder whether that criminal statute is constitutional.
Are even
HERMITS safe from false allegations ?
Military Law certainly is
a disincentive to citizens' rising to the defense of America.
If another 9/11 happens, will thay be safer just saying:
" Forget defending America; I 'm only going to keep selling shoes. "