25
   

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

 
 
firefly
 
  1  
Reply Wed 2 Feb, 2011 12:56 am
@BillRM,
Quote:
you have the nerve to state that a false charge of rape is just a crime again law enforcement!!!!

That is how the crime is classified. The crime is taking up police resources and effort based on a false report.

The damages to the man--damages to his reputation, his emotional pain, his legal costs--are civil not criminal matters. That is how our justice system works.
The man's recourse is in civil court not criminal court.

You want to put people in jail for libel and slander too? Those things can cause someone great hardship and cause them to incur high legal costs. But they are civil matters, not criminal matters.
BillRM
 
  -2  
Reply Wed 2 Feb, 2011 01:04 am
@firefly,
Quote:
The damages to the man--damages to his reputation, his emotional pain, his legal costs--are civil not criminal matters. That is how our justice system works
.

Sorry but it is both....................civil and criminal act.

That crime does as must harm as a rape does to a woman in many cases and should be punish in a similar manner.

If placing a man and his family through hell is no big deal then rape is no big deal either as both does similar harm.
BillRM
 
  -2  
Reply Wed 2 Feb, 2011 01:09 am
@firefly,
Quote:
You want to put people in jail for libel and slander too?


Neither libel or slander normally can result in someone sitting in prison for months on end or in some cases years/decades in the cases of false convictions.
firefly
 
  1  
Reply Wed 2 Feb, 2011 01:10 am
@BillRM,
Quote:
Sorry but it is both....................civil and criminal act.

That is not how our justice system works. Some matters are civil and some are criminal. The civil system allows for punitive monetary awards. They aren't going to change the entire system to make you happy.
BillRM
 
  -2  
Reply Wed 2 Feb, 2011 01:13 am
Firefly tell us all how a man who is label a rapist in public, spend his life savings on legal costs, loss his job and spend time behind bars for a crime that never happen is harm less then a normal rape victim???????????????
0 Replies
 
hawkeye10
 
  -1  
Reply Wed 2 Feb, 2011 01:13 am
@firefly,
Quote:
No, Hawkeye, all consent is "affirmative consent"--
I have made about a half dozen attempts to educate you. Here is one more

Quote:
The concept of affirmative consent, in contrast, preserves the idea that consent is binary while articulating the definitional shift that’s taking place. As Marcella at abyss2hope puts it, traditional consent defines consent as “opt out,” and affirmative consent defines it as “opt in.”

What does this mean?

Well, it means that in a traditional definition of consent, a person initiating sexual activity is free to operate under the assumption that consent exists until consent is explicitly withdrawn. When you initiate sexual contact, you’re presumed to have a green light to keep moving forward until you’re told to stop.

Under an affirmative consent model, consent can never be assumed. It must always be confirmed. Both parties must “opt in” for consent to exist. When you initiate sexual contact, you have an obligation to pay attention as you go to whether your partner is receptive.

And no, this doesn’t mean you have to get a verbal “yes” in response to each act. It just means that if one person is doing all the initiating, that person needs to be responsive to their partner’s reactions. An overt affirmative response, whether verbal or non-verbal, constitutes an opt-in. In the absence of such a response, you back off or you ask what’s up.

http://studentactivism.net/2010/03/28/more-on-consent-and-sexual-assault/
NJ, WA and WI along with Canada have the affirmative consent requirement, other states are being pressured to join but currently operate under "no means no". The next step will be what we already see taught and demanded at most college campuses, which is an "enthusiastic affirmative"...preferably for each step in the sex act.
0 Replies
 
BillRM
 
  -2  
Reply Wed 2 Feb, 2011 01:15 am
@firefly,
Quote:
That is not how our justice system works. Some matters are civil and some are criminal. The civil system allows for punitive monetary awards. They aren't going to change the entire system to make you happy


Of course not as it just a man and his wife and his children being harm not a woman and girls will be girls after all.
0 Replies
 
firefly
 
  1  
Reply Wed 2 Feb, 2011 01:17 am
@BillRM,
Quote:

Neither libel or slander normally can result in someone sitting in prison for months on end or in some cases years/decades in the cases of false convictions.

Most people don't sit in jail--they get out on bail.

You have posted exactly one case of a conviction which was solely based on the "victim's" lie. One case. And she admitted it after he had been in jail for 4 years--and she then faced at least 4 years for perjury. But perjury is a crime against the state too. And, in that case, the man certainly could bring a civil suit against the woman, besides whatever criminal penalty she received for her perjury at his trial.

Slander and libel can be extremely damaging. And what a person does with a false accusation is to slander the other party.
BillRM
 
  -2  
Reply Wed 2 Feb, 2011 01:17 am
Firefly please never charge anyone on this thread in the future about not caring about rape victims as you had shown you have no concern about men who are harm at least to the same degree.
BillRM
 
  -2  
Reply Wed 2 Feb, 2011 01:21 am
@firefly,
A rape victim can bring a civil suit also so let not tie up the criminal justice system with rape charges let the woman sue and be done with it.

Maybe a small slap on the wrist for the rapist but that is all that would be needed.
0 Replies
 
BillRM
 
  -2  
Reply Wed 2 Feb, 2011 01:27 am
@firefly,
Quote:
Most people don't sit in jail--they get out on bail.


I would get out of jail on bond but there are sadly a large percent of the population without the resources to float large bonds and if a accuse rapist would be given a low bond you would be the first on this thread complaining about the judge.

BillRM
 
  -2  
Reply Wed 2 Feb, 2011 01:30 am
@firefly,
Quote:
Slander and libel can be extremely da


You are not sitting in a jail cell or spending a large amount of your life saving not to be sitting in a jail cell, nor do you have the concern of perhaps spending 20 years in prison as a rapist for a crime that you are not guilty of.

Once more how is being force to have sex worst then the above?
hawkeye10
 
  2  
Reply Wed 2 Feb, 2011 01:50 am
@BillRM,
Quote:
Once more how is being force to have sex worst then the above?


??
Real rape is potentially one of the most traumatic and distructive violations that one can experience..if not THE worst. It is certainly not for everyone, some people suffer not at all, but WTF?
0 Replies
 
firefly
 
  1  
Reply Wed 2 Feb, 2011 01:51 am
@BillRM,
It is not my fault that our justice system has two components--criminal and civil.
Damages to reputation, emotional pain and suffering, loss of income, etc. are civil actions. That doesn't mean I don't care about the people who are hurt--it's the way our justice system handles matters like that.

Rape victims can also sue in civil court, for damages related to the sexual assault if the perpetrator isn't charged criminally, or even if he is acquitted at trial. They can definitely initiate a civil suit if he is convicted.

Our justice system simply has different and alternate means of handling the harm one individual can do to another. I didn't devise the system, so don't blame me for it.
firefly
 
  1  
Reply Wed 2 Feb, 2011 02:05 am
@BillRM,
Quote:

I would get out of jail on bond but there are sadly a large percent of the population without the resources to float large bonds and if a accuse rapist would be given a low bond you would be the first on this thread complaining about the judge.

A false accusation is most likely in a he said/she said situation, where the woman has some motive to deliberately lodge a false accusation against a particular man she knows. Bail in those sorts of cases is generally low. Bail is high when the person is charged with a more serious rape, generally with serious injury, or where they are considered a flight risk. Those aren't the kinds of cases we are discussing because those generally wouldn't involve a false accusation.
Accused rapists are given relatively low bond all the time. I have no problem with that as long as they are not a danger to the community. Someone arrested for a string of rapes, for instance, I really wouldn't want to see out on low bail.

Many, if not most, false accusations are probably uncovered before any charges are brought. The police don't immediately make arrests, and D.A.s certainly don't immediately lodge charges. They do everything they can to make sure the woman is telling the truth and credible.

So, what do you think they should do with the nun who lodged a false rape report? Do you think they should charge her?
BillRM
 
  -2  
Reply Wed 2 Feb, 2011 02:18 am
@firefly,
Nonsense as there is nothing stopping the lawmakers from punishing false charges of rape with the same level of punishment as for rape.

Like rape it is a crime against both the society and the individual and should be punish in a similar manner unless you can show that the harm of being charge falsely with such a crime is somehow less to both the society and the individual then a rape happen to be on average.

So how Firefly is a woman who is force down and have a penis force into her against her will harm in a greater manner then a man who is charge with such a crime falsely?

A man who can end up spending months in jail and with or without bail he will have months on end facing the possibility/fear of being send to prison for twenty years or so for a crime he did not do.
BillRM
 
  -2  
Reply Wed 2 Feb, 2011 02:20 am
@firefly,
Quote:
A false accusation is most likely in a he said/she said situation, where the woman has some motive to deliberately lodge a false accusation against a particular man she knows. Bail in those sorts of cases is generally low. Bail is high when the person is charged with a more serious rape, generally with serious injury, or where they are considered a flight risk. Those aren't the kinds of cases we are discussing because those generally wouldn't involve a false accusation.


Sorry the above statements have no backing in facts that I am aware of.

0 Replies
 
BillRM
 
  -2  
Reply Wed 2 Feb, 2011 02:30 am
@firefly,
Rape accusation 'traumatizing,' former suspect says



http://articles.cnn.com/2009-09-18/justice/hofstra.case_1_face-charges-rice-accused?_s=PM:CRIME

September 18, 2009


"It was like a big nightmare," Taveras said on HLN's "Issues with Jane Velez-Mitchell" on Thursday night.Four young men falsely accused of raping an 18-year-old student at Hofstra University were trying to return their lives to normal Friday after an ordeal that two of them described as traumatic.

"I was really scared. I couldn't believe what was basically going through my mind. It was like a big nightmare, and I thought I was going to do time for something I didn't do," 20-year-old Kevin Taveras told HLN's "Issues with Jane Velez-Mitchell."

"It was devastating," he said. "I was there just letting the clock tick and tick."

firefly
 
  1  
Reply Wed 2 Feb, 2011 02:38 am
@BillRM,
Quote:
facing the possibility/fear of being send to prison for twenty years or so for a crime he did not do.

20 years on a he said/she said rape? Are you joking? Not solely on the basis of a deliberate lie by a woman. Maybe 4 years. That type of rape is the lowest felony charge. You are being more than slightly dramatic.

Again, you posted exactly ONE case of a conviction based solely on a deliberate lie. His sentence was 4 years. When she admitted her lie she also faced about 4 years for perjury. But, the fact you could dig up only one case where the conviction was solely based on a deliberate lie by the woman, means you can't assume this happens very often--there is just no evidence to support that assumption.

I do not see rape and the filing of a false police report as equivalent crimes.

So, do you think they should charge the nun who filed a false report of rape?


BillRM
 
  -3  
Reply Wed 2 Feb, 2011 02:40 am
@firefly,
Read this story Firefly and tell me once more that unlike rape a false charge of rape is no big deal.


http://www.dailymail.co.uk/news/article-1280926/Student-cleared-rape-emerges-second-man-committed-suicide-falsely-accused-woman.html

Jurors in tears as they clear student of rape - then discover another man falsely accused by same 'victim' had killed himself
By Chris Brooke
Last updated at 9:42 AM on 25th May 2010
Comments (228) Add to My Stories
Olumide Fadayomi, 27, was wrongly accused of rape after sleeping with the unnamed woman
A woman drove a man to suicide by crying rape and forced a second innocent man to consider taking his life after falsely accusing him of a similar sex attack.
Despite being exposed in court as a serial liar, legal restrictions mean the 21-year-old woman can never be identified. A jury took only 45 minutes to clear medical student Olumide Fadayomi, 27, of rape.
But several jurors at Sheffield Crown Court broke down in tears when the judge revealed the 'victim' had a history of crying rape.
Judge Patrick Robertshaw launched a stinging attack on the Crown Prosecution Service for making Mr Fadayomi stand trial.
He said: 'The evidence did not, and was never going to, prove rape. The prime overriding consideration in the CPS's decision had been merely that the complainant
wished the case to go ahead.
'It was little short of a craven abdication of responsibility for making an independent and fair-minded assessment of the case.
'It is quite astonishing these decisions are made by those who simply do not have experience of what happens in Crown Court because they never come into Crown Court.
'They sit behind desks and make decisions that result in this sort of trial taking place.'
The judge revealed how 18 months earlier the same woman had made an allegation of rape.
He said the case never reached court because it was 'lacking in credibility', but the accused man committed suicide 'when facing that allegation'. After failing to have this first 'rapist' brought to court, the woman set about framing Mr Fadayomi, a stranger she met in a nightclub.
A jury at Sheffield Crown Court cleared Fadayomi of rape after taking just 45 minutes to agree a verdict
The woman claimed Mr Fadayomi attacked her in a house he shared in Walkley, Sheffield.
But a friend, who was with her that evening, told the court the woman danced and kissed Mr Fadayomi, boasting: 'I'm going to have his body tonight.'
The woman later told her friend she planned to accuse the student of rape, saying: 'He is not going to get away with it, I've got evidence this time.'
Mr Fadayomi told the jury the woman had agreed to sex. He said: 'She never told me to stop and neither did she resist.'
The student, from Nigeria, was doing a biomedical sciences course at the University of East London, but the incident happened in October when he went to Sheffield to do a ten-week music production course during a study break.
After the case Mr Fadayomi recalled how the woman propositioned him by telling him she liked his 'perfume' and that 'she wouldn't mind having me that night'.
They later returned to his house, where they had sex. Mr Fadayomi then gave her £8 for a taxi and she left. He said he went out to buy food at 6am and police were waiting for him on his return.
Mr Fadayomi said of his ordeal: 'My life has been hell for the last seven months. I thought about taking my own life.
'I've not been able to sleep properly since all this happened. Some of my friends shunned me and my parents in Nigeria were heartbroken and scared of what might happen to me.'
Naheed Hussain, Chief Crown Prosecutor for CPS South Yorkshire, last night defended the decision to bring the case but said he would conduct a review following the judge's comments 'to see if any lessons can be learned'.
He said: 'The decision to prosecute was taken by a senior lawyer. We were satisfied there was sufficient evidence not only from the complainant but from another witness whose evidence supported that of the complainant.'
The law allows defendants accused of rape to be named, but the government intends to introduce anonymity for alleged rapists until conviction.


Read more: http://www.dailymail.co.uk/news/article-1280926/Student-cleared-rape-emerges-second-man-committed-suicide-falsely-accused-woman.html#ixzz1Cmy3AH97
 

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