Hey, Can A Woman "Ask To Get Raped"?

Judge rules intoxication does not mean woman was “unaware” in sexual assault case

Does anyone know if SCOTUS has ruled on this new sex law that criminalizes drunken sex?
Not that I hold out much hope that SCOTUS would validate personal freedom
when confronted with the states desire for control, but there is always a chance that they would.

You know I hate to even suggest that Firefly might from time to time indeed have a point but in regard to clear cut cases of child porn, she does.

It is clearly can be harmful long after the event shown to have such pictures in existence and using the legal system to punish people for having them is not uncalled for.

I have never been admitted to practice in Florida,
and I retired from the practice of law in NY before use of computers
became pervasive in the profession.

When I was in practice, I did trial work in court.
I had other lawyers to research in support, back at the office.

I 'm sorry not to be of more help.

Will u specify the harm that u had in mind ?

He was guilty of statutory rape, Arella Mae. She was only 14.

Yes, I do agree. I should have said it is pointing to his guilt of forcible (as far as I'm concerned anyway).

Rikers Island inmate Rajeev Kumar tried to pay 'hit man' $15,000 to kill rape accuser, sources say
BY Kerry Burke and Alison Gendar
DAILY NEWS STAFF WRITERS
Friday, November 12th 2010

A limo driver stewing at Rikers Island on a rape charge tried to hire a hit man to kill the victim - using a picture of her from an evidence file, sources said.

Rajeev Kumar's scheme to silence his accuser was blown open in a sting operation, sources say, and now he's facing a conspiracy rap.

Kumar, 30, raped the grad student in the back seat of his limo after offering to give her a lift home from a Manhattan nightclub, sources say.

He wasn't caught until a decade later, when he was arrested in an arson case and his DNA matched the evidence in the long-cold sex assault case.

"He thought he had gotten away with the rape all these years," a law enforcement source said. "Then he was caught and he just couldn't accept it."

Kumar told fellow Rikers inmates he would pay for someone to "get rid of his problem," a Correction Department source said.

Word of his offer made it to the Manhattan district attorney's office, which worked with the NYPD to set up an undercover operation.

A cop posing as a hit man met with Kumar, who said he would pay $15,000 for the rubout, sources said.

He said he didn't know where the rape victim lived but he knew what school she graduated from and had a photo - which alarmed investigators.

Sources said the photo was in an evidence file turned over to defense lawyer Nelson Schmukler.

Schmukler would not say if he gave his client the photo - or why - and declined to comment on the case.

Kumar's ex-wife said she didn't believe the rape or murder-for-hire charge.

"Fifteen grand? He doesn't have 15 dollars," said Harpreet Saini, 24, who has a 3-year-old daughter with Kumar.

"He blew all his money on drink and gambling. It's all lies."

But DNA doesn't lie, and authorities say they have physical evidence that ties Kumar to the rape.

The victim had just left S.O.B.'s in August 2000 when Kumar said he would drive her home. Court papers said the woman was raped in the back seat and dumped.

The woman said she could not identify her assailant and the DNA in her rape kit did not match anything in the criminal database - until July 2009 when an FDNY fire marshal arrested Kumar in an insurance scam.

He admitted he set fire to his family's 2008 Lincoln Navigator to collect a payout and make good on a $4,000 debt to a friend, court records said.

He pleaded guilty to arson in March and got five years' probation. He also gave a DNA sample to marshals, who matched it to the 2000 rape.

Kumar denied the sex assault charge.

"That's not true. ... Never happened anything with me like that in my life," he told police, court records show. "I don't know anything about this."
http://www.nydailynews.com/ny_local/2010/11/12/2010-11-12_sicko_limo_drivers_plot_to_kill_rape_victim.html?r=news

Another case that illustrates why it is important to take DNA samples from anyone convicted of any crime.

overstate the problem with pumps up numbers such as the 1 in 4 rape figures on college campuses.

She was only 14.

The Women of 'Law & Order: SVU' Speak Out

the victim awareness that his or her images of being sexually degraded as a child is out on the net

happen to be online within minutes of each other.

Did you know that a night worker on one side of the world can keep the same hours as a day worker on the other side of the world ? Frightning when put like that, isnt it ?

HIV positive man to stand trial on rape charge
By Andria Simmons
The Atlanta Journal-Constitution
Friday, November 12, 2010

An HIV-positive Lawrenceville man is scheduled to go on trial in Gwinnett County on Monday for allegedly raping a sleeping female patient at a psychiatric hospital.

Wesley Randall Hatfield, 28, is charged with rape and reckless conduct in the Sept. 2, 2007 incident at SummitRidge Center for Psychiatry & Addiction Medicine in Lawrenceville. Police said he snuck into the room of a female patient and raped her while she was asleep and on sedatives. Hatfield also was a patient at the hospital at the time.

A nurse found Hatfield in bed with a female patient who appeared to be sleeping. After the nurse walked into the room, the victim reportedly awoke and discovered that her underwear had been removed. A subsequent medical examination indicated she had been sexually assaulted.

Hatfield is being prosecuted under a rarely used section of Georgia law that makes it a felony for anyone who is aware that they are infected with HIV or hepatitis to knowingly engage in sexual intercourse with another person without disclosing their condition. The crime is punishable by anywhere from five to 20 years in prison.
http://www.ajc.com/news/gwinnett/hiv-positive-man-to-738690.html

the asking person having POTENTIAL power over the subject of the request , is considered grounds for the state to determine that no valid consent was given......that a rape took place.

Father-son charged in rape
Nashoba Publishing
11/12/2010
By Lisa Redmond

LOWELL -- A 30-year-old Pepperell man, with a 1998 conviction in Kentucky for manslaughter, has been convicted of raping one woman and taking sexually explicit photos of the woman while his wheelchair-bound father sexually assaulted another woman.

After a weeklong trial, a Lowell Superior Court jury Nov. 4 found Aaron Miller, of 176 Heald St., guilty of one count of rape and a single count of photographing someone in the nude. He was cleared of three other counts of rape.

Miller will be sentenced on Dec. 21. He still has a separate rape case that will be tried later on.

His 60-year-old father, Randall, who lives at the same address, avoided trial and pleaded guilty to one count of rape. He will be sentenced at a later date.

According to court documents, Aaron Miller denied there was any sexual assault, instead saying he got "lucky" that both women consented to have sex with him.

Prosecutors allege that in June 2009, Aaron Miller met a 23-year-old woman and her friends at a club in Nashua. Instead of driving the two women to their home in Nashua, he allegedly drove them to his home in Pepperell. At his house, Aaron Miller allegedly served the women alcohol and introduced them to his father, who uses a wheelchair because his right leg is amputated.

One of the women asked to use the bathroom and Aaron Miller followed her out of the room, not returning for 30 to 45 minutes, according to court documents.

Aaron Miller eventually returned without the woman, telling her friend she had fallen asleep, according to prosecutors. The second woman felt hazy and unsteady.
She remembered heading to the bathroom and then drifting in and out of consciousness in a bed where she saw her friend sleeping, prosecutors said. The woman said she felt Aaron Miller tugging on her waistband. She realized he was raping her, but she felt paralyzed, prosecutors said.

The woman lost consciousness and awoke to see Randall Miller allegedly engaged in a sexual act on her friend, according to court documents. The friend awoke and pushed him away.

After the women left the house, they contacted Pepperell police and went to Lawrence General Hospital for sexual-assault exams.

Pepperell police executed a search warrant of the Millers' home, according to court documents. The Millers had allegedly changed and washed the sheets and taken the empty liquor bottles outside. Swabs of the drinking glasses were taken and samples were cut from a comforter.

Seizing Aaron Miller's digital camera, police discovered six photos of what appeared to be one of the women semi-nude, according to prosecutors.
http://www.nashobapublishing.com/pepperell_news/ci_16593634