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

Imagine how upset poor Hawkeye and BillRM will be to find out you might need your wife's consent to even read her e-mail.

I read that article, and I have a serious problem with the husband being charged with a crime. He did nothing wrong, IMHO.

A Michigan father faces up to five years in prison for snooping in his then-wife's e-mail account in the first known domestic case for unauthorized e-mail login.

Leon Walker, 33, a computer technician from Rochester Hills, Michigan, easily logged into his then-wife's Gmail account last year when he suspected she was having an affair with her second husband (she was). The two shared a laptop at home and, according to Walker, his wife kept her passwords in a notebook next to the computer, AP reports.

According to the Detroit Free Press, Leon Walker was Clara Walker's third husband. When he discovered she was having an affair with her second husband, a man arrested for beating her up in front of her son with her first husband, Leon Walker sent the e-mails to the child's father, who immediately claimed emergency custody.

Clara Walker, who divorced Leon Walker earlier this month, promptly filed felony charges for the e-mail "theft." Her complaint was approved by Michigan DA Jessica Cooper and the jury will decide Leon Walker's fate when he goes to trial in February.

"The guy is a hacker," Oakland prosecutor Jessica Cooper said in public statements. "It was password protected, he had wonderful skills, and was highly trained. Then he downloaded them and used them in a very contentious way."

Walker's defense attorney, Leon Weiss, fired back, "I have to ask: 'Don't the prosecutors have more important things to do with their time?'"

The statute Walker allegedly violated, 752.795, is the same one used to prosecute identify theft or stealing of trade secrets.

It reads in part:


A person shall not intentionally and without authorization or by exceeding valid authorization do any of the following:


(a) Access or cause access to be made to a computer program, computer, computer system, or computer network to acquire, alter, damage, delete, or destroy property or otherwise use the service of a computer program, computer, computer system, or computer network.

Reasonable Expectation of Privacy
The Fourth Amendment only protects you against searches that violate your reasonable expectation of privacy. A reasonable expectation of privacy exists if 1) you actually expect privacy, and 2) your expectation is one that society as a whole would think is legitimate.

This rule comes from a decision by the United States Supreme Court in 1967, Katz v. United States, holding that when a person enters a telephone booth, shuts the door, and makes a call, the government can not record what that person says on the phone without a warrant. Even though the recording device was stuck to the outside of the phone booth glass and did not physically invade Katz’s private space, the Supreme Court decided that when Katz shut the phone booth’s door, he justifiably expected that no one would hear his conversation, and that it was this expectation — rather than the inside of the phone booth itself — that was protected from government intrusion by the Fourth Amendment. This idea is generally phrased as "the Fourth Amendment protects people, not places."


.........................

Residences. Everyone has a reasonable expectation of privacy in their home. This is not just a house as it says in the Fourth Amendment, but anywhere you live, be it an apartment, a hotel or motel room, or a mobile home.

However, even things in your home might be knowingly exposed to the public and lose their Fourth Amendment protection. For example, you have no reasonable expectation of privacy in conversations or other sounds inside your home that a person outside could hear, or odors that a passerby could smell (although the Supreme Court has held that more invasive technological means of obtaining information about the inside of your home, like thermal imaging technology to detect heat sources, is a Fourth Amendment search requiring a warrant). Similarly, if you open your house to the public for a party, a political meeting, or some other public event, police officers could walk in posing as guests and look at or listen to whatever any of the other guests could, without having to get a warrant.

It is being overcharging but that is another issue

AM your husband have the right to consent to law enforcement for a complete warrantless search of your home even against your wishes just as you do in reverse.

I agree however as a computer technician he should had known better and just place a monitoring program on the laptop

regardless, do you really want these relationship disputes clogging up the criminal court dockets? Look

Seaton Investigation: Consensual Sex Or Rape?
December 29, 2010

A few more days of interviews need to be done before Shreveport police wrap up their investigation into accusations that Rick Seaton, a top aide to Mayor Cedric Glover, raped a high school student during a nighttime visit to the mayor's office.

It is expected to be a question of whether it was consensual sex.

The investigation of Seaton has sent shockwaves through city hall and the mayor -- in whose office the alleged attack occurred -- fired him hours after the complaint was made Monday night.

Seaton, who has split with his wife, hasn't spoken with police. He has hired well-known defense attorney Marty Stroud of Shreveport to represent him.

"There are more questions right now than answers, but I believe once the investigation is concluded, it will show that there was no criminal conduct," Stroud said Wednesday.

The investigation began Monday night after police got a call that an 18-year-old from Georgia said she had been raped at Government Plaza.

Authorities said she was in town for the Independence Bowl. She had been drinking a lot and her boyfriend had gotten arrested for causing a disturbance.

Seaton was also at the game. Authorities said the young woman told police Seaton noticed she was trying to get money to bond her boyfriend out of jail. She didn't want to get on one of the shuttle buses and Seaton ended up giving her a ride downtown.

The high school senior told authorities she was raped on the mayor's couch.

Police have obtained security videos from Government Plaza that show activity inside the building that night. Authorities said the accuser told detectives she thought she had been raped by a police officer and they were looking for an officer in the videos when they spotted Seaton.

A decision on whether to file felony rape charges against Seaton will be made after police meet with the Caddo district attorney's office. That likely won't happen this week.
http://www.ktbs.com/news/26314182/detail.html