She Didn’t Act Like a Rape Victim

[SummerMadness]

She Didn’t Act Like a Rape Victim

Last month, three judges on an Army appeals court — two women and a man — overturned a 2017 rape conviction at West Point. They did so on the grounds that they did not believe there was sufficient evidence to show that the sex had not been consensual. One key piece of exculpating evidence, the judges found, was that Cadet Jacob D. Whisenhunt had made no effort to avoid being detected, or even to clean up his sperm from the sleeping bag of the woman who had accused him of raping her — a sign that he thought he had nothing to hide.

 

[timewerx]

There are also people like me who have very limited range of emotional expression and feelings.

Almost like a Vulcan in Star Trek fiction. Some are a result of PTSD. Is this a "go signal" that makes it okay to rape people like us??

 

[dogs4thewin]

The fact is rape is hard to prove if the state cannot prove it because there is not enough there to support a conviction ( should that it was without consent AND that the suspect or suspects knew or reasonably should have known this the conviction should not stand. Well, the person should not be convicted, but if he or she is it should be appealed and overturned.

 

[dogs4thewin]

There are also people like me who have very limited range of emotional expression and feelings.

Almost like a Vulcan in Star Trek fiction. Some are a result of PTSD. Is this a "go signal" that makes it okay to rape people like us??

Again, it is not that it is OK it is that there are certain elements to be convicted of any crime disorderly conduct, shoplifting, rape, murder I do not care what the crime is it is on the state to prove the elements if they cannot then there should be no conviction. If there is a conviction that is appealed and a higher court finds the state did not meet their burden then it should be overturned. It could be stealing a candy bar, rape or murder I do not care if the state cannot meet the burden WITHOUT breaking the law themselves then there should be no conviction.

 

[Messerve]

I mean... Whatever happened to hygiene for starters? Like, clean the sleeping bag a little maybe? Gross!

 

[OldWiseGuy]

Did the alleged rape occur inside the sleeping bag or on it?

 

[SummerMadness]

The fact is rape is hard to prove if the state cannot prove it because there is not enough there to support a conviction ( should that it was without consent AND that the suspect or suspects knew or reasonably should have known this the conviction should not stand. Well, the person should not be convicted, but if he or she is it should be appealed and overturned.

Their logic was that the person should be screaming and fighting back for it to be a rape... that is ridiculous and often not how sexual assault occurs, especially when the assault is by a person the victim knows. But what can you really expect from a country where rape within marriage was only outlawed in 1993.