This is you:
This is the article:
He asked if she'd have sex with his friend, too, and she agreed for another $100. The friend showed up without money, the gun was pulled and more men arrived.
When a fifth man arrived and was invited to join, DeSipio said, he asked why the girl was crying - and declined. He helped her get dressed so she could leave.
My thoughts:
Granted all the facts of the case are not being presented but what is stated is that a gun was introduced into the mix, and at least 3 more men had sex with this woman, stopping at the last man who indicates that she is crying. Are you suggesting that someone is capable of making informed consent when a gun is pointed at them.
Sexual assault occurs when consent is withdrawn in a manner that is either stated or implied. I suggest that a gun negates any presumption of consent. Suggesting otherwise is just hanging onto an opinion out of stubbornness.
You again:
Yeah uh huh...in some cases, the victim deserves some blame for their own actions if it is the main cause of them being the victim in the first place. Again, I don't discount the act of the aggressor at all.
Me:
So Scholar, please suggest some legal language as to how our laws need to be re-written to manage all these various scenarios where you feel the victim needs to shoulder some of the blame. Shall we say that Sexual Assault sections of various Criminal Codes be re-written to say....
if the victim has acted recklessly or provocatively the crime committed is a lesser offense.
Who determines such subjectivity.
It's so easy and flippant to make such bold statements as...
the victim deserves some blame....but you need to translate that into law, policy and procedures that then blankets us all. What kind of fallout do you think will occur then? Will people be better served by the justice system, or will be go backwards.
Judges cannot act arbitrarily. They are entrusted to determine what weight is to be assigned to evidence, and then apply this evidence the the applicable law.
I for one do not desire to see justice applied arbitrarily, and when it is I then say welcome to the dark ages.
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