Force or Consent? You Decide
Read the link below for the facts of this case as reported to the media. After reading these facts, do you think that the victim was the subject of a great deal of injustice because she gave the rapist a condom before raping her to avoid her from contacting HIV? Here is the link:
http://www.nytimes.com/1992/10/25/us/furor-over-a-decision-not-to-indict-in-a-rape-case.html
Force!!!!
Side Score: 18
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Consent!!!!
Side Score: 2
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>< That jury sounds like a bunch of douche bags. I hope there is a retrial. If the description of the case is accurate, it is no different than someone saying "I'm going to kill you" and the victim says "can you shoot me in the head instead of stabbing me in the belly so I don't suffer" And the jury decides "well they must have wanted to die." Side: Force!!!!
The District Attorney filed for a second trial so a second jury was called in for a second hearing. Upon the second hearing the accused was sentenced to 40 years in prison because according to the court, the condom in this case cannot imply consent. He requested the sentencing judge to throw the jury's indictment aside and to direct for a new trial because he believed the jury foreman mislead the jury members but the judge denied him his request and sentenced him to 40 years in prison. Side: Force!!!!
Based on the article, I would say it's force. Unfortunately, I can't trust the New York Times after them claiming that the reason why the rapist got off was because Texas is a Conservative State, and that the only people in Texas who are pissed off at this case are Liberals. Side: Force!!!!
If this article is right than... psh! it was force, and this dude needs to be put away, I hope this case gets brought up again and he gets prosecuted to the full extent of the law... I mean these kinda people just make me sick/mad... If I saw this freak today I'd kick his!!!... ok... yeahhhh... Imma just leave it at that :l Side: Force!!!!
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Her life would have been hell had she not used protection otherwise her entire life would have been a pain had she contracted HIV. Secondly, you cant say that a person will go to hell because you are not God or the creator of hell but a human being just like any other human being who are prone to being taken advantage of and also committing mistakes and what she did was not even a mistake but a choice and action that any woman would do to protect themselves because the worst thing than getting raped, is the humiliation that follows it and the possilbility of becoming pregnant and being sick from STDS/STIS Side: Consent!!!!
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The assailant broke down a door and threatened the victim with a knife to take his pants off. Are you saying that you think that she implied consent by obeying so that he did not stab her? Yes, she took initiative by suggesting protection, but I think it's fairly clear from the circumstances as they are presented that, if she had been given a choice to engage in intercourse or not, she would have opted not to. Side: Force!!!!
Consent can be either expressed or implied. But consent has to be expressed voluntarily. If she had given him that consent voluntarily, why did he break her door and used a knife to assault her? And why did she risk escaping from her own house naked after he raped her? Side: Force!!!!
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