re: Madison Brooks case cell phone data now in defense’s hands

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Why do you think third degree rape is more appropriate?

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Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:

(1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.

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Third degree rape seems to fit exactly what's being alleged.

First degree rape is supposed to be more of a gang rape scenario where multiple people were involved in a forceful rape scenarios. Multiple 3rd degree rapes are more separate instances of 3rd degree rape and not the single act referenced in the first degree rape statute.

HOWEVER, I don't have all the evidence and there may be more force involved than has been reported.