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  3. Minnesota Supreme Court Overturned Rape Conviction

Minnesota Supreme Court Overturned Rape Conviction

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  • 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 Online
    Doctor PhibesD Online
    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 Online
        Doctor PhibesD Online
        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 Online
            Doctor PhibesD Online
            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 Online
                    Doctor PhibesD Online
                    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!

                              1 Reply 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?

                                AxtremusA Away
                                AxtremusA Away
                                Axtremus
                                wrote on last edited by
                                #34

                                @jolly said in Minnesota Supreme Court Overturned Rape Conviction:

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

                                In that Minnesota case, the “rape” was already proven in the lower court. The lower court already resolved the issues surrounding facts, intent, and guilt. The Minnesota Supreme Court was making a point of law that says the statute as currently written somehow excludes cases where the victim got intoxicated without the aid of the perpetrator. Now, this is not a case of “conflicting stores” (the lower court resolved those already), but a matter of legal definitions.

                                L 1 Reply Last reply
                                • LuFins DadL Offline
                                  LuFins DadL Offline
                                  LuFins Dad
                                  wrote on last edited by
                                  #35

                                  Can an intoxicated woman actually give consent? I'm not talking unconscious. I'm not talking so drunk she can barely stand up. I'm talking about the level where she shouldn't drive home, but can still carry on a conversation....

                                  The Brad

                                  JollyJ 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”.

                                    AxtremusA Away
                                    AxtremusA Away
                                    Axtremus
                                    wrote on last edited by
                                    #36

                                    @loki said in Minnesota Supreme Court Overturned Rape Conviction:

                                    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”.

                                    The Minnesota lower courts have resolved the matter concerning “proof” and has found that the accusation has been proven, and the Minnesota Supreme Court is not disputing the lower court’s findings regarding “proof,” but making a point that the statute as currently written excludes cases where the victims got intoxicated without the aid of the assailant. The debate now is whether this sort of statutory exclusions are warranted.

                                    1 Reply Last reply
                                    • AxtremusA Axtremus

                                      @jolly said in Minnesota Supreme Court Overturned Rape Conviction:

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

                                      In that Minnesota case, the “rape” was already proven in the lower court. The lower court already resolved the issues surrounding facts, intent, and guilt. The Minnesota Supreme Court was making a point of law that says the statute as currently written somehow excludes cases where the victim got intoxicated without the aid of the perpetrator. Now, this is not a case of “conflicting stores” (the lower court resolved those already), but a matter of legal definitions.

                                      L Offline
                                      L Offline
                                      Loki
                                      wrote on last edited by Loki
                                      #37

                                      @axtremus said in Minnesota Supreme Court Overturned Rape Conviction:

                                      @jolly said in Minnesota Supreme Court Overturned Rape Conviction:

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

                                      In that Minnesota case, the “rape” was already proven in the lower court. The lower court already resolved the issues surrounding facts, intent, and guilt. The Minnesota Supreme Court was making a point of law that says the statute as currently written somehow excludes cases where the victim got intoxicated without the aid of the perpetrator. Now, this is not a case of “conflicting stores” (the lower court resolved those already), but a matter of legal definitions.

                                      Ok that is different. No one should get away with rape.

                                      1 Reply Last reply
                                      • LuFins DadL LuFins Dad

                                        Can an intoxicated woman actually give consent? I'm not talking unconscious. I'm not talking so drunk she can barely stand up. I'm talking about the level where she shouldn't drive home, but can still carry on a conversation....

                                        JollyJ Offline
                                        JollyJ Offline
                                        Jolly
                                        wrote on last edited by
                                        #38

                                        @lufins-dad said in Minnesota Supreme Court Overturned Rape Conviction:

                                        Can an intoxicated woman actually give consent? I'm not talking unconscious. I'm not talking so drunk she can barely stand up. I'm talking about the level where she shouldn't drive home, but can still carry on a conversation....

                                        If the answer is "No", it begs the question of the percentage of sex acts which qualify as rape?

                                        “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

                                        LuFins DadL 1 Reply Last reply
                                        • JollyJ Jolly

                                          @lufins-dad said in Minnesota Supreme Court Overturned Rape Conviction:

                                          Can an intoxicated woman actually give consent? I'm not talking unconscious. I'm not talking so drunk she can barely stand up. I'm talking about the level where she shouldn't drive home, but can still carry on a conversation....

                                          If the answer is "No", it begs the question of the percentage of sex acts which qualify as rape?

                                          LuFins DadL Offline
                                          LuFins DadL Offline
                                          LuFins Dad
                                          wrote on last edited by
                                          #39

                                          @jolly said in Minnesota Supreme Court Overturned Rape Conviction:

                                          @lufins-dad said in Minnesota Supreme Court Overturned Rape Conviction:

                                          Can an intoxicated woman actually give consent? I'm not talking unconscious. I'm not talking so drunk she can barely stand up. I'm talking about the level where she shouldn't drive home, but can still carry on a conversation....

                                          If the answer is "No", it begs the question of the percentage of sex acts which qualify as rape?

                                          I take this so seriously because a situation like I described ruined my best friend's life. I mean destroyed him.

                                          The Brad

                                          JollyJ HoraceH 2 Replies Last reply
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