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In reply to the discussion: You raped her because her clothes provoked you? [View all]freshwest
(53,661 posts)9. Incapacitated women are also to blame for getting raped:
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 states 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.
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 states 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.
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There's a study, I don't have it at hand, where the rapists couldn't remember victims' clothing
riderinthestorm
Jan 2013
#3
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
And the nightmare of every parent with a disable child. More common than many think.
freshwest
Jan 2013
#26
And shoplifters are within their rights because the goods are out on display!
WinkyDink
Jan 2013
#34