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The New Coffee Room

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  3. Minnesota Supreme Court Overturned Rape Conviction

Minnesota Supreme Court Overturned Rape Conviction

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  • LuFins DadL Offline
    LuFins DadL Offline
    LuFins Dad
    wrote on last edited by
    #14

    Are there different criminal levels of rape? A guy taking advantage of a drunk girl is not the same as a guy hiding behind bushes and dragging joggers down to the creek...

    There are different levels with the whole drunk girl scenario. too. Anything from a sober guy taking advantage of an unconscious girl on one end of the spectrum to two drunk kids having sex and the girl regretting it the next morning on the other end...

    The Brad

    1 Reply Last reply
    • George KG Offline
      George KG Offline
      George K
      wrote on last edited by
      #15

      Malcolm Gladwell has an interesting chapter on the "drunk rape" phenomenon.

      People can become so blindingly drunk that they have no recollection of anything happening, even though they appear to be functioning pretty normally.

      https://bigthink.com/surprising-science/alcohol-malcolm-gladwell?rebelltitem=1#rebelltitem1

      n his new book, Talking to Strangers, Malcolm Gladwell uses the infamous Brock Turner incident as a case study in alcoholism and behavior. A brief recap: Turner, drunk, meets the anonymously-named Emily Doe, also drunk (and also, since the publication of Gladwell's book, no longer anonymous). They dance, they walk, they stumble, he sexually assaults the unconscious undergrad, then later blames the alcohol.

      During the hearings, in fact, alcohol seemed to be the culprit of everything that went wrong, from Chanel Miller's blackout (it was the culprit) to Turner's masculine aggression (it wasn't). Alcohol is often invoked as the true villain in such circumstances, the insidious agent causing mayhem inside the mind of the attacker. Remove alcohol from the situation and a saint appears — or so the argument goes.

      Is that really the case? It's true that alcohol changes you — literally. Your conception of "self" is transformed. After saying hello to your frontal lobes, the brain region that governs, among other things, motivation and attention, alcohol moseys over to the amygdala, the switchboard operator of your fight-flight-freeze mechanism. Turning it down a notch, you become disinhibited; the very conception of "I" must be reconsidered.>

      Eventually, inevitably, alcohol — too much of it, anyway — seeps into your cerebellum. Balance and coordination are coopted. Finally, if you keep drinking, alcohol makes a final visit to your hippocampus, the brain region responsible for memories. Once you hit .08, your hippocampi (they're a pair) struggle to keep up. A bit more and your brain will never imprint the experience. "You," no longer in any sense the you you recognize, are no longer checked in.

      "Now look here, you Baltic gas passer... " - Mik, 6/14/08

      The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

      89th8 JollyJ 2 Replies Last reply
      • George KG George K

        Malcolm Gladwell has an interesting chapter on the "drunk rape" phenomenon.

        People can become so blindingly drunk that they have no recollection of anything happening, even though they appear to be functioning pretty normally.

        https://bigthink.com/surprising-science/alcohol-malcolm-gladwell?rebelltitem=1#rebelltitem1

        n his new book, Talking to Strangers, Malcolm Gladwell uses the infamous Brock Turner incident as a case study in alcoholism and behavior. A brief recap: Turner, drunk, meets the anonymously-named Emily Doe, also drunk (and also, since the publication of Gladwell's book, no longer anonymous). They dance, they walk, they stumble, he sexually assaults the unconscious undergrad, then later blames the alcohol.

        During the hearings, in fact, alcohol seemed to be the culprit of everything that went wrong, from Chanel Miller's blackout (it was the culprit) to Turner's masculine aggression (it wasn't). Alcohol is often invoked as the true villain in such circumstances, the insidious agent causing mayhem inside the mind of the attacker. Remove alcohol from the situation and a saint appears — or so the argument goes.

        Is that really the case? It's true that alcohol changes you — literally. Your conception of "self" is transformed. After saying hello to your frontal lobes, the brain region that governs, among other things, motivation and attention, alcohol moseys over to the amygdala, the switchboard operator of your fight-flight-freeze mechanism. Turning it down a notch, you become disinhibited; the very conception of "I" must be reconsidered.>

        Eventually, inevitably, alcohol — too much of it, anyway — seeps into your cerebellum. Balance and coordination are coopted. Finally, if you keep drinking, alcohol makes a final visit to your hippocampus, the brain region responsible for memories. Once you hit .08, your hippocampi (they're a pair) struggle to keep up. A bit more and your brain will never imprint the experience. "You," no longer in any sense the you you recognize, are no longer checked in.

        89th8 Offline
        89th8 Offline
        89th
        wrote on last edited by
        #16

        @george-k said in Minnesota Supreme Court Overturned Rape Conviction:

        People can become so blindingly drunk that they have no recollection of anything happening, even though they appear to be functioning pretty normally.

        I call that Friday Night at TNCR

        1 Reply Last reply
        • George KG George K

          Malcolm Gladwell has an interesting chapter on the "drunk rape" phenomenon.

          People can become so blindingly drunk that they have no recollection of anything happening, even though they appear to be functioning pretty normally.

          https://bigthink.com/surprising-science/alcohol-malcolm-gladwell?rebelltitem=1#rebelltitem1

          n his new book, Talking to Strangers, Malcolm Gladwell uses the infamous Brock Turner incident as a case study in alcoholism and behavior. A brief recap: Turner, drunk, meets the anonymously-named Emily Doe, also drunk (and also, since the publication of Gladwell's book, no longer anonymous). They dance, they walk, they stumble, he sexually assaults the unconscious undergrad, then later blames the alcohol.

          During the hearings, in fact, alcohol seemed to be the culprit of everything that went wrong, from Chanel Miller's blackout (it was the culprit) to Turner's masculine aggression (it wasn't). Alcohol is often invoked as the true villain in such circumstances, the insidious agent causing mayhem inside the mind of the attacker. Remove alcohol from the situation and a saint appears — or so the argument goes.

          Is that really the case? It's true that alcohol changes you — literally. Your conception of "self" is transformed. After saying hello to your frontal lobes, the brain region that governs, among other things, motivation and attention, alcohol moseys over to the amygdala, the switchboard operator of your fight-flight-freeze mechanism. Turning it down a notch, you become disinhibited; the very conception of "I" must be reconsidered.>

          Eventually, inevitably, alcohol — too much of it, anyway — seeps into your cerebellum. Balance and coordination are coopted. Finally, if you keep drinking, alcohol makes a final visit to your hippocampus, the brain region responsible for memories. Once you hit .08, your hippocampi (they're a pair) struggle to keep up. A bit more and your brain will never imprint the experience. "You," no longer in any sense the you you recognize, are no longer checked in.

          JollyJ Offline
          JollyJ Offline
          Jolly
          wrote on last edited by
          #17

          @george-k said in Minnesota Supreme Court Overturned Rape Conviction:

          Malcolm Gladwell has an interesting chapter on the "drunk rape" phenomenon.

          People can become so blindingly drunk that they have no recollection of anything happening, even though they appear to be functioning pretty normally.

          https://bigthink.com/surprising-science/alcohol-malcolm-gladwell?rebelltitem=1#rebelltitem1

          n his new book, Talking to Strangers, Malcolm Gladwell uses the infamous Brock Turner incident as a case study in alcoholism and behavior. A brief recap: Turner, drunk, meets the anonymously-named Emily Doe, also drunk (and also, since the publication of Gladwell's book, no longer anonymous). They dance, they walk, they stumble, he sexually assaults the unconscious undergrad, then later blames the alcohol.

          During the hearings, in fact, alcohol seemed to be the culprit of everything that went wrong, from Chanel Miller's blackout (it was the culprit) to Turner's masculine aggression (it wasn't). Alcohol is often invoked as the true villain in such circumstances, the insidious agent causing mayhem inside the mind of the attacker. Remove alcohol from the situation and a saint appears — or so the argument goes.

          Is that really the case? It's true that alcohol changes you — literally. Your conception of "self" is transformed. After saying hello to your frontal lobes, the brain region that governs, among other things, motivation and attention, alcohol moseys over to the amygdala, the switchboard operator of your fight-flight-freeze mechanism. Turning it down a notch, you become disinhibited; the very conception of "I" must be reconsidered.>

          Eventually, inevitably, alcohol — too much of it, anyway — seeps into your cerebellum. Balance and coordination are coopted. Finally, if you keep drinking, alcohol makes a final visit to your hippocampus, the brain region responsible for memories. Once you hit .08, your hippocampi (they're a pair) struggle to keep up. A bit more and your brain will never imprint the experience. "You," no longer in any sense the you you recognize, are no longer checked in.

          In the case of the original article, it was established that the female had five shots of vodka before the accused approached her. He later took her home and she left willingly with him.

          “Cry havoc and let slip the DOGE of war!”

          Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

          1 Reply Last reply
          • Doctor PhibesD Offline
            Doctor PhibesD Offline
            Doctor Phibes
            wrote on last edited by Doctor Phibes
            #18

            It's not the woman committing the crime.

            She's drunk. That's not a crime, and it's something most of us have done.

            The man is the one committing the sexual assault. Saying it isn't rape solely because she's drunk is ridiculous.

            If he throws her in the river and she drowns, is anybody going to seriously claim that he's innocent of murder?

            I was only joking

            JollyJ 1 Reply Last reply
            • Doctor PhibesD Doctor Phibes

              It's not the woman committing the crime.

              She's drunk. That's not a crime, and it's something most of us have done.

              The man is the one committing the sexual assault. Saying it isn't rape solely because she's drunk is ridiculous.

              If he throws her in the river and she drowns, is anybody going to seriously claim that he's innocent of murder?

              JollyJ Offline
              JollyJ Offline
              Jolly
              wrote on last edited by
              #19

              @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

              It's not the woman committing the crime.

              She's drunk. That's not a crime, and it's something most of us have done.

              The man is the one committing the sexual assault. Saying it isn't rape solely because she's drunk is ridiculous.

              So, you'd put the guy away for 25 years?

              “Cry havoc and let slip the DOGE of war!”

              Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

              Doctor PhibesD 1 Reply Last reply
              • JollyJ Jolly

                @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                It's not the woman committing the crime.

                She's drunk. That's not a crime, and it's something most of us have done.

                The man is the one committing the sexual assault. Saying it isn't rape solely because she's drunk is ridiculous.

                So, you'd put the guy away for 25 years?

                Doctor PhibesD Offline
                Doctor PhibesD Offline
                Doctor Phibes
                wrote on last edited by
                #20

                @jolly said in Minnesota Supreme Court Overturned Rape Conviction:

                @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                It's not the woman committing the crime.

                She's drunk. That's not a crime, and it's something most of us have done.

                The man is the one committing the sexual assault. Saying it isn't rape solely because she's drunk is ridiculous.

                So, you'd put the guy away for 25 years?

                I didn't say that. No, I don't think I would.

                I'd put him away for 25 years if he threw her in the river.

                I was only joking

                89th8 JollyJ 2 Replies Last reply
                • Doctor PhibesD Doctor Phibes

                  @jolly said in Minnesota Supreme Court Overturned Rape Conviction:

                  @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                  It's not the woman committing the crime.

                  She's drunk. That's not a crime, and it's something most of us have done.

                  The man is the one committing the sexual assault. Saying it isn't rape solely because she's drunk is ridiculous.

                  So, you'd put the guy away for 25 years?

                  I didn't say that. No, I don't think I would.

                  I'd put him away for 25 years if he threw her in the river.

                  89th8 Offline
                  89th8 Offline
                  89th
                  wrote on last edited by
                  #21

                  @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                  I'd put him away for 25 years if he threw her in the river.

                  Yeah but what if she was on fire?

                  1 Reply Last reply
                  • Doctor PhibesD Offline
                    Doctor PhibesD Offline
                    Doctor Phibes
                    wrote on last edited by
                    #22

                    Take another hypothetical - if he found a stranger drunk in a shop doorway and raped her, then yes, that's 25 years.

                    I was only joking

                    1 Reply Last reply
                    • Doctor PhibesD Doctor Phibes

                      @jolly said in Minnesota Supreme Court Overturned Rape Conviction:

                      @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                      It's not the woman committing the crime.

                      She's drunk. That's not a crime, and it's something most of us have done.

                      The man is the one committing the sexual assault. Saying it isn't rape solely because she's drunk is ridiculous.

                      So, you'd put the guy away for 25 years?

                      I didn't say that. No, I don't think I would.

                      I'd put him away for 25 years if he threw her in the river.

                      JollyJ Offline
                      JollyJ Offline
                      Jolly
                      wrote on last edited by
                      #23

                      @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                      @jolly said in Minnesota Supreme Court Overturned Rape Conviction:

                      @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                      It's not the woman committing the crime.

                      She's drunk. That's not a crime, and it's something most of us have done.

                      The man is the one committing the sexual assault. Saying it isn't rape solely because she's drunk is ridiculous.

                      So, you'd put the guy away for 25 years?

                      I didn't say that. No, I don't think I would.

                      I'd put him away for 25 years if he threw her in the river.

                      See, that's the problem...She's so blitzed, often we have only his or her word that the sex was consensual, if there isn't some physical evidence of assault.

                      And minor bruising and minor vaginal tears can occur in normal rough or vigorous sex.

                      “Cry havoc and let slip the DOGE of war!”

                      Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

                      Catseye3C 1 Reply Last reply
                      • Doctor PhibesD Offline
                        Doctor PhibesD Offline
                        Doctor Phibes
                        wrote on last edited by Doctor Phibes
                        #24

                        If you can't prove the rape, then you can't prove it. That's not the same as saying it's not rape if she's drunk.

                        I was only joking

                        L 1 Reply Last reply
                        • JollyJ Jolly

                          @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                          @jolly said in Minnesota Supreme Court Overturned Rape Conviction:

                          @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                          It's not the woman committing the crime.

                          She's drunk. That's not a crime, and it's something most of us have done.

                          The man is the one committing the sexual assault. Saying it isn't rape solely because she's drunk is ridiculous.

                          So, you'd put the guy away for 25 years?

                          I didn't say that. No, I don't think I would.

                          I'd put him away for 25 years if he threw her in the river.

                          See, that's the problem...She's so blitzed, often we have only his or her word that the sex was consensual, if there isn't some physical evidence of assault.

                          And minor bruising and minor vaginal tears can occur in normal rough or vigorous sex.

                          Catseye3C Offline
                          Catseye3C Offline
                          Catseye3
                          wrote on last edited by
                          #25

                          @jolly said in Minnesota Supreme Court Overturned Rape Conviction:

                          She's so blitzed, often we have only his or her word that the sex was consensual, if there isn't some physical evidence of assault.

                          Then the suit gets dismissed, and everybody goes home, sadder but wiser.

                          Not everything is fixable.

                          Success is measured by your discipline and inner peace. – Mike Ditka

                          1 Reply Last reply
                          • Doctor PhibesD Doctor Phibes

                            If you can't prove the rape, then you can't prove it. That's not the same as saying it's not rape if she's drunk.

                            L Offline
                            L Offline
                            Loki
                            wrote on last edited by
                            #26

                            @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                            If you can't prove the rape, then you can't prove it. That's not the same as saying it's not rape if she's drunk.

                            Agreed. He sounds guilty as hell though, yet that isn’t enough. A pig is a pig, I suspect his friends and family know the truth.

                            1 Reply Last reply
                            • RenaudaR Offline
                              RenaudaR Offline
                              Renauda
                              wrote on last edited by Renauda
                              #27

                              Let's not forget that rape is first and foremost a violent physical assault against a person, always of a sexual nature and most often perpetrated by a male against a female. I would argue that sobriety or intoxication of the victim is not only peripheral and quite irrelevant to the violence of rape but peripheral to any form of wanton assault.

                              It would seem then from some of the logic - or illogic- expressed here, that it is not unlawful to beat the living daylights out of a any drunkard male or female by virtue of the fact that his or her state of intoxication provides others with an easy opportunity to assault them in a most violent manner.

                              I cannot see why on earth some folks are always looking for a rationale to mitigate the inexcusable criminal violence of rape.

                              Elbows up!

                              JollyJ L 2 Replies Last reply
                              • Doctor PhibesD Offline
                                Doctor PhibesD Offline
                                Doctor Phibes
                                wrote on last edited by
                                #28

                                "She shouldn't have dressed like that"

                                "She shouldn't be out on her own late at night"

                                "She shouldn't have got drunk"

                                It's not the women committing a crime. We need to stop blaming them.

                                I was only joking

                                JollyJ 1 Reply Last reply
                                • RenaudaR Renauda

                                  Let's not forget that rape is first and foremost a violent physical assault against a person, always of a sexual nature and most often perpetrated by a male against a female. I would argue that sobriety or intoxication of the victim is not only peripheral and quite irrelevant to the violence of rape but peripheral to any form of wanton assault.

                                  It would seem then from some of the logic - or illogic- expressed here, that it is not unlawful to beat the living daylights out of a any drunkard male or female by virtue of the fact that his or her state of intoxication provides others with an easy opportunity to assault them in a most violent manner.

                                  I cannot see why on earth some folks are always looking for a rationale to mitigate the inexcusable criminal violence of rape.

                                  JollyJ Offline
                                  JollyJ Offline
                                  Jolly
                                  wrote on last edited by
                                  #29

                                  @renauda said in Minnesota Supreme Court Overturned Rape Conviction:

                                  Let's not forget that rape is first and foremost a violent physical assault against a person, always of a sexual nature and most often perpetrated by a male against a female. I would argue that sobriety or intoxication of the victim is not peripheral to the violence of rape but peripheral to any form of wanton assault.

                                  It would seem then from some of the logic - or illogic- expressed here, that it is not unlawful to beat the living daylights out of a any drunkard male or female by virtue of the fact that his or her state of intoxication provides others with an easy opportunity to assault them in a most violent manner.

                                  I cannot see why on earth some folks are always looking for an rationale to mitigate the inexcusable criminal violence of rape.

                                  First, you have to prove it is rape. When there are conflicting stories, how would you handle it?

                                  “Cry havoc and let slip the DOGE of war!”

                                  Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

                                  RenaudaR AxtremusA 2 Replies Last reply
                                  • Doctor PhibesD Doctor Phibes

                                    "She shouldn't have dressed like that"

                                    "She shouldn't be out on her own late at night"

                                    "She shouldn't have got drunk"

                                    It's not the women committing a crime. We need to stop blaming them.

                                    JollyJ Offline
                                    JollyJ Offline
                                    Jolly
                                    wrote on last edited by
                                    #30

                                    @doctor-phibes said in Minnesota Supreme Court Overturned Rape Conviction:

                                    "She shouldn't have dressed like that"

                                    "She shouldn't be out on her own late at night"

                                    "She shouldn't have got drunk"

                                    It's not the women committing a crime. We need to stop blaming them.

                                    I'm a practical man. If your teenage daughter wants to dress like a hooker, get drunk on her ass and sashay down the worst street in town at 3AM, I do think she takes some responsibility for what happens.

                                    That's not to let the perpetrator of the crime go free, but let's not be an idiot about things....

                                    “Cry havoc and let slip the DOGE of war!”

                                    Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

                                    1 Reply Last reply
                                    • RenaudaR Renauda

                                      Let's not forget that rape is first and foremost a violent physical assault against a person, always of a sexual nature and most often perpetrated by a male against a female. I would argue that sobriety or intoxication of the victim is not only peripheral and quite irrelevant to the violence of rape but peripheral to any form of wanton assault.

                                      It would seem then from some of the logic - or illogic- expressed here, that it is not unlawful to beat the living daylights out of a any drunkard male or female by virtue of the fact that his or her state of intoxication provides others with an easy opportunity to assault them in a most violent manner.

                                      I cannot see why on earth some folks are always looking for a rationale to mitigate the inexcusable criminal violence of rape.

                                      L Offline
                                      L Offline
                                      Loki
                                      wrote on last edited by
                                      #31

                                      @renauda said in Minnesota Supreme Court Overturned Rape Conviction:

                                      Let's not forget that rape is first and foremost a violent physical assault against a person, always of a sexual nature and most often perpetrated by a male against a female. I would argue that sobriety or intoxication of the victim is not only peripheral and quite irrelevant to the violence of rape but peripheral to any form of wanton assault.

                                      It would seem then from some of the logic - or illogic- expressed here, that it is not unlawful to beat the living daylights out of a any drunkard male or female by virtue of the fact that his or her state of intoxication provides others with an easy opportunity to assault them in a most violent manner.

                                      I cannot see why on earth some folks are always looking for an rationale to mitigate the inexcusable criminal violence of rape.

                                      So I don’t disagree what you wrote except you can’t just accuse someone of something, there has to be proof. My take is that really there was not enough proof. #cancelculture does not apply here. You can’t just “know”.

                                      RenaudaR AxtremusA 2 Replies Last reply
                                      • JollyJ Jolly

                                        @renauda said in Minnesota Supreme Court Overturned Rape Conviction:

                                        Let's not forget that rape is first and foremost a violent physical assault against a person, always of a sexual nature and most often perpetrated by a male against a female. I would argue that sobriety or intoxication of the victim is not peripheral to the violence of rape but peripheral to any form of wanton assault.

                                        It would seem then from some of the logic - or illogic- expressed here, that it is not unlawful to beat the living daylights out of a any drunkard male or female by virtue of the fact that his or her state of intoxication provides others with an easy opportunity to assault them in a most violent manner.

                                        I cannot see why on earth some folks are always looking for an rationale to mitigate the inexcusable criminal violence of rape.

                                        First, you have to prove it is rape. When there are conflicting stories, how would you handle it?

                                        RenaudaR Offline
                                        RenaudaR Offline
                                        Renauda
                                        wrote on last edited by Renauda
                                        #32

                                        @jolly

                                        How I would handle it is irrelevant. That is the mandate of elected officials and the criminal justice system to handle. In this regard I can only express my opinion. Suffice to say however, my personal bias will tend toward the victim of any attack.

                                        Elbows up!

                                        1 Reply Last reply
                                        • L Loki

                                          @renauda said in Minnesota Supreme Court Overturned Rape Conviction:

                                          Let's not forget that rape is first and foremost a violent physical assault against a person, always of a sexual nature and most often perpetrated by a male against a female. I would argue that sobriety or intoxication of the victim is not only peripheral and quite irrelevant to the violence of rape but peripheral to any form of wanton assault.

                                          It would seem then from some of the logic - or illogic- expressed here, that it is not unlawful to beat the living daylights out of a any drunkard male or female by virtue of the fact that his or her state of intoxication provides others with an easy opportunity to assault them in a most violent manner.

                                          I cannot see why on earth some folks are always looking for an rationale to mitigate the inexcusable criminal violence of rape.

                                          So I don’t disagree what you wrote except you can’t just accuse someone of something, there has to be proof. My take is that really there was not enough proof. #cancelculture does not apply here. You can’t just “know”.

                                          RenaudaR Offline
                                          RenaudaR Offline
                                          Renauda
                                          wrote on last edited by
                                          #33

                                          @loki said in Minnesota Supreme Court Overturned Rape Conviction:

                                          #cancelculture does not apply here. You can’t just “know”.

                                          I am not a participant in the world of cancel culture. It is too reactionary for my liking. I am much further to the left.

                                          Elbows up!

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