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freshwest

(53,661 posts)
9. Incapacitated women are also to blame for getting raped:
Fri Jan 11, 2013, 08:54 PM
Jan 2013
Court Requires Disabled Rape Victim To Prove She Resisted, Calls For Evidence Of ‘Biting, Kicking, Scratching’

In a 4-3 ruling Tuesday afternoon, the Connecticut State Supreme Court overturned the sexual assault conviction of a man who had sex with a woman who “has severe cerebral palsy, has the intellectual functional equivalent of a 3-year-old and cannot verbally communicate.” The Court held that, because Connecticut statutes define physical incapacity for the purpose of sexual assault as “unconscious or for any other reason. . . physically unable to communicate unwillingness to an act,” the defendant could not be convicted if there was any chance that the victim could have communicated her lack of consent. Since the victim in this case was capable of “biting, kicking, scratching, screeching, groaning or gesturing,” the Court ruled that that victim could have communicated lack of consent despite her serious mental deficiencies:

When we consider this evidence in the light most favorable to sustaining the verdict, and in a manner that is consistent with the state’s theory of guilt at trial, we, like the Appellate Court, ‘are not persuaded that the state produced any credible evidence that the was either unconscious or so uncommunicative that she was physically incapable of manifesting to the defendant her lack of consent to sexual intercourse at the time of the alleged sexual assault.’

According to the Rape, Abuse, and Incest National Network (RAINN), lack of physical resistance is not evidence of consent, as “many victims make the good judgment that physical resistance would cause the attacker to become more violent.” RAINN also notes that lack of consent is implicit “if you were under the statutory age of consent, or if you had a mental defect” as the victim did in this case.


http://www.democraticunderground.com/10021474289

Yes, I agree with the OP. Get real, people.


Recommendations

0 members have recommended this reply (displayed in chronological order):

Do people still think that? Deep13 Jan 2013 #1
Unfortunately. nt awoke_in_2003 Jan 2013 #13
yes - it's not as rare a belief as you think NewJeffCT Jan 2013 #17
AKA, the last surviving Neanderthal. nt Deep13 Jan 2013 #30
He's still got pretty good ratings on Fox NewJeffCT Jan 2013 #38
even on DU BainsBane Jan 2013 #19
If they didn't burqas would not exist, and the tblue37 Jan 2013 #32
I remember Limbaugh pushing this "Rape is the womans fault" meme AgingAmerican Jan 2013 #43
I like it! flying_wahini Jan 2013 #2
There's a study, I don't have it at hand, where the rapists couldn't remember victims' clothing riderinthestorm Jan 2013 #3
"Well, look at how she was dressed! She was *asking* for it!" baldguy Jan 2013 #5
Like that case in Texas Larrymoe Curlyshemp Jan 2013 #14
I remember that case involving the victim being threatened with a knife ck4829 Jan 2013 #33
My mother believed that. kurtzapril4 Jan 2013 #20
OMG... i love my 3 and half inch boots. LOVE them. does it mean i am asking to be raped. seabeyond Jan 2013 #12
If you can kick the shit out of your attacker all the more woe to them! riderinthestorm Jan 2013 #31
Yeah, that's the key. Rapists aren't interested in sex but rather subjugation tavalon Jan 2013 #25
It is about power, not clothes icarusxat Jan 2013 #4
Another powerful image - this is what I was wearing TrogL Jan 2013 #6
it wouldn't be ok even if she wasn't wearing anything JI7 Jan 2013 #8
+1 gateley Jan 2013 #11
You're right. A woman who walks down the street completely naked is not japple Jan 2013 #16
Hear, hear!!! Beacool Jan 2013 #28
My thoughts exactly. Heathen57 Jan 2013 #47
But you have to admit she shouldn't be shocked by people staring AAO Jan 2013 #48
Agreed NewJeffCT Jan 2013 #18
+1000 ProfessionalLeftist Jan 2013 #39
Very strong and courageous woman there tavalon Jan 2013 #23
And this: ithinkmyliverhurts Jan 2013 #7
Incapacitated women are also to blame for getting raped: freshwest Jan 2013 #9
That is sick tavalon Jan 2013 #22
And the nightmare of every parent with a disable child. More common than many think. freshwest Jan 2013 #26
+1,000,000,000,000 Odin2005 Jan 2013 #10
You ever notice this logic ZX86 Jan 2013 #15
Um, no. nt LisaLynne Jan 2013 #24
Said no one ever. Starry Messenger Jan 2013 #35
Best sign ever tavalon Jan 2013 #21
In this world there are many who think they can do what they want Rosa Luxemburg Jan 2013 #27
What makes some men think that they have the right to grope a woman? Beacool Jan 2013 #29
And when women say "stop that" they are called "frigid"... Odin2005 Jan 2013 #44
And shoplifters are within their rights because the goods are out on display! WinkyDink Jan 2013 #34
Great response. I hope I remember it duhneece Jan 2013 #36
Let the blame go where it belongs ~ on the person committing the rape. In_The_Wind Jan 2013 #37
This thread brings this to mind: retread Jan 2013 #40
Variation on a theme HarveyDarkey Jan 2013 #41
HUGE K & R !!! WillyT Jan 2013 #42
Rape is always wrong. Period. War Horse Jan 2013 #45
It's amazing there should be any debate. The Tea Party influence must be finally crushed. AAO Jan 2013 #49
kick'd and rec'd lunatica Jan 2013 #46
Oh....if I was just young again.... ReRe Jan 2013 #50
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