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Re: Law school answer? by Tansin A. Darcos (TDARCOS) 09/14/2011, 11:46pm PDT
Mischief Maker wrote:

Here's a puzzler from my own law school experience. A Madison Cop catches a girl and her boyfriend skinny dipping in the lake. The cop tells the naked girl that if she has sex with him, he won't charge them. Girl has sex with the cop. Courts convict the cop of rape.


More or less the same situation as came up in the case of Mary M. v. City of Los Angeles, 54 Cal. 3d 202; 814 P.2d 1341; 285 Cal. Rptr. 99, (1991). Cop stops a woman for a traffic offense, and says she can go to jail and be booked or let him screw her. So he more-or-less forces her to do so. The Court had this to say:

Supreme Court of California wrote:

"By its very nature, rape displays a ‘total contempt for the personal integrity and autonomy' of the victim; ‘[s]hort of homicide, [it is] the "ultimate violation of self."' Coker v. Georgia 433 U.S. 584, 597, 603 (1977) [53 L.Ed.2d 982, 996, 97 S.Ct. 2861] Along with other forms of sexual assault, it belongs to that class of indignities against the person that cannot ever be fully righted, and that diminishes all humanity."
----
Tansin A. Darcos (TDARCOS)
"The lessons of history teach us - if they teach us anything - that no one learns the lessons that history teaches us."
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Is it rape? by CattleHumper 09/04/2011, 4:44pm PDT NEW
    http://www.imdb.com/title/tt1032846/ by CattleHumper 09/04/2011, 4:45pm PDT NEW
    Law school answer? NT by Horrible Gelatinous Blob 09/04/2011, 6:54pm PDT NEW
        Re: Law school answer? by Mischief Maker 09/04/2011, 8:42pm PDT NEW
            Poor Patrice :( NT by col.schickn 09/04/2011, 9:36pm PDT NEW
            I was gonna talk about the force requirement, MPC distinctions, & sexual autonom NT by Horrible Gelatinous Blob 09/05/2011, 12:09am PDT NEW
                How many Opie and Anthony clips were you going to use NT by about a statutory rape conviction? 09/05/2011, 7:57am PDT NEW
                    Only four :( NT by Horrible Gelatinous Blob 09/05/2011, 9:49am PDT NEW
                If it ain't in the Jury Instructions NT by It's irrelevant horseshit 09/05/2011, 11:14am PDT NEW
            Kind of a riveting interview for Morning Zoo cackling assholes NT by Roop 09/05/2011, 8:54pm PDT NEW
            Half hour buildup to a killer pun NT by Entropy Stew 09/05/2011, 9:15pm PDT NEW
            Re: Law school answer? by Tansin A. Darcos (TDARCOS) 09/14/2011, 11:46pm PDT NEW
                1) That's a tort case, not a criminal case, 2) she "struggled" until threatened. NT by Horrible Gelatinous Blob 09/15/2011, 8:04pm PDT NEW
    Re: Is it rape? by NDD 09/05/2011, 12:05pm PDT NEW
        What took you so long? NT by WITTGENSTEIN 09/05/2011, 2:39pm PDT NEW
            ES did you know the post title field explodes if you use non-latin characters by NDD 09/05/2011, 3:11pm PDT NEW
                ISO-8859-1: It's not just the law, it's a good idea NT by Entropy Stew 09/05/2011, 9:12pm PDT NEW
    Prostitution, not rape. NT by Mysterio 09/05/2011, 3:31pm PDT NEW
        You're kinda raping people if you demand sex for something they need. by Gutsby 09/05/2011, 3:45pm PDT NEW
            what she NEEDED was to use some condoms if she's poor and can't afford a kid by Mysterio 09/05/2011, 4:39pm PDT NEW
                apparently you couldn't get contraceptives in 1980s romania. my bad. still not r NT by Mysterio 09/05/2011, 4:45pm PDT NEW
            Well he demanded money first but they didn't have any, right? by Worm 09/05/2011, 6:11pm PDT NEW
    Re: Is it rape? by Tansin A. Darcos (TDARCOS) 09/14/2011, 11:36pm PDT NEW
    Is it luck? NT by Les Claypool 09/16/2011, 9:31am PDT NEW
 
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