@hawkeye10,
Quote:A citizen should only be a criminal based up what they do, not by the emotions reported by other citizens. It is very easy to claim that what DSK offered as a desire for sex was received as a threat, and to then claim that Ophelia was in fear of injury, but that is all based upon Ophelia not DSK.
You seem to be unable to comprehend how NYS defines "threat"--they refer to significant and specific types of threats--fear for one's life (As in, "I'll kill you if you don't...") or fear of serious injury (As in,"I'll smash your face in.."). A victim can repeat the attacker's exact words, or describe the menacing behaviors that would constitute threat, and it would have to meet the level of threat described in the statute.
Quote:As I have said her victim training may well mean that her responses to DSK are not normal, are not his fault, and so he should not be made a criminal based upon her emotions.
What is the BS about her "victim training"? What "victim training"? People know when they are being threatened. And her report/description would have to agree with what NYS considers "threat".
Besides, you seem to be ignoring the fact that the forcible compulsion in the DSK case is physical force, and not threat. That was very clear in the criminal complaint.
Quote:the law no longer demands that the alleged victim resist to the best of their ability
If he is accused of doing something "by forcible compulsion" using physical force, her ability to resist is affected by the force he is using. Screaming, and things of that nature, were never required. Some people freeze when frightened and might not scream. Men, when sexually assaulted by another man, might not scream. You can't stick in your own arbitrary definitions of resistance--or even require resistance. The 85 year old woman who was sexually assaulted in Manhattan a few days ago didn't significantly resist either. People react to these situations differently.