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

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If it only applies to actions that would already be first degree rape, it seems a bit pointless.

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That would be more of a 2nd degree rape committed by multiple people at the same time. As of now, there is no indication threats, weapons, or overriding force was used.

In LA, the 2nd degree rape definition that would fit the realistic hypothetical is:

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(1) When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.

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