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re: 17 year old girl raped at Keith Urban concert
Posted on 7/30/14 at 10:20 am to WDE24
Posted on 7/30/14 at 10:20 am to WDE24
quote:
Someone who is drunk may be incapacitated and unable to consent, but just being drunk doesn't make someone incapacitated and unable to consent.
Does that hold up in court? I don't disagree with it, but I see it thrown out a lot.
Posted on 7/30/14 at 10:22 am to LNCHBOX
in reality, it's irrelevant. if a person is pushing for the charge, he/she is going to testify that he/she was incapacitated regardless of whether it is true or not. otherwise, if the only basis for the rape is the party's mental state (as in, there was no clear "no" via communication or physical movement), then the case goes *poof*
Posted on 7/30/14 at 10:22 am to LNCHBOX
doesn't sound like she was there against her will.. two drunk kids, 18 and 17 making out in a crowd of people... out come the camera phones and the girl freaks out...
Posted on 7/30/14 at 10:28 am to LNCHBOX
quote:In criminal cases the prosecutor has to prove the case beyond a reasonable doubt. If the basis of the prosecution is incapacitation of the victim, the prosecution has to prove that element beyond a reasonable doubt. It just depends on the facts of each case and the jurisdiction on whether the prosecution can do that, but cases where the victim is voluntarily intoxicated are typically very difficult to prosecute according to what I have been told.
Does that hold up in court? I don't disagree with it, but I see it thrown out a lot.
This post was edited on 7/30/14 at 10:30 am
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