You can't get pregnant from "legitimate rape" -- oh, okay. Thanks Akin!

[kuronosan]

Yes. Abortions are just like school shootings, because the child doesn't have a choice.

Hey. It sounds really familiar to me.

Ah. That's right.

[BaneTheBrawler]

I don't recognize the building. Terrible Human Beings Club (a.k.a. WBC)?

[kuronosan]

Just a church. Indoctrination. Etc. Children being forced to go.

[BaneTheBrawler]

Ah.

[6souls]

"If you aren't married, it's not rape."

A California appeals court has overturned the rape conviction of a man who had sex with a sleeping woman on the basis of legislation dating to 1872, which says only married women are protected from rape by “imposters”.

At a house party in Cerrito in northern California in 2009, the 18-year-old woman went to bed with her boyfriend, who later left her asleep.

Julio Morales, a friend of the woman’s brother, entered the room and began to have sex with her. Only when light from the open bedroom door fell across his face did she realise he was not her boyfriend, at which point, the court documents record, “she pushed him away again and began to cry and yell”.

Morales was convicted of rape and sentenced to three years in prison. However, a three-judge panel “reluctantly” reversed the decision because, under California law, the impersonation ruling only applies if the victim is a married woman.

In their judgment, the appeals panel said its ruling hinged on “historical anomalies in the law” and “...if the woman had been married and the man had impersonated her husband” then the previous ruling would have been upheld. A new trial has been ordered.

http://www.independent.co.uk/news/wo...d-8438571.html
http://signon.org/sign/change-califo...b&r_by=1983727

[myreality]

A California appeals court has overturned the rape conviction of a man who had sex with a sleeping woman on the basis of legislation dating to 1872, which says only married women are protected from rape by “imposters”.

At a house party in Cerrito in northern California in 2009, the 18-year-old woman went to bed with her boyfriend, who later left her asleep.

Julio Morales, a friend of the woman’s brother, entered the room and began to have sex with her. Only when light from the open bedroom door fell across his face did she realise he was not her boyfriend, at which point, the court documents record, “she pushed him away again and began to cry and yell”.

Morales was convicted of rape and sentenced to three years in prison. However, a three-judge panel “reluctantly” reversed the decision because, under California law, the impersonation ruling only applies if the victim is a married woman.

In their judgment, the appeals panel said its ruling hinged on “historical anomalies in the law” and “...if the woman had been married and the man had impersonated her husband” then the previous ruling would have been upheld. A new trial has been ordered.

http://www.independent.co.uk/news/wo...d-8438571.html
http://signon.org/sign/change-califo...b&r_by=1983727

And this is why i tell people that the world should be cleansed with fire.

[archibaldcrane]

If the prosecutor didn't push the "impersonation" charge and just went for the "you can't put your dick into some chick that's asleep" rape it would've been simple. Prosecutor was stupid, but they'll get him on the retrial.

[Howie Roary]

at what point does a liar lawyer* realize they've gone too far in getting someone acquitted of a crime the whole court literally knows they did

it's not like there was improper handling of evidence and his rights were violated, and I guarantee the defendant didn't find that law



*honest slip for real oddly enough, I kinda stared at the screen after typing it

[Xno Kappa]

If the prosecutor didn't push the "impersonation" charge and just went for the "you can't put your dick into some chick that's asleep" rape it would've been simple. Prosecutor was stupid, but they'll get him on the retrial.

This pretty much. The appeals panel had their hands tied behind their backs on this one.

[Tyrath]

Figured I'd post this in this thread instead of making a new one.

http://www.huffingtonpost.com/2013/0...tml?1359040877

New Mexico Bill Would Criminalize Abortions After Rape As 'Tampering With Evidence'

A Republican lawmaker in New Mexico introduced a bill on Wednesday that would legally require victims of rape to carry their pregnancies to term in order to use the fetus as evidence for a sexual assault trial.

House Bill 206, introduced by state Rep. Cathrynn Brown (R), would charge a rape victim who ended her pregnancy with a third-degree felony for "tampering with evidence."

“Tampering with evidence shall include procuring or facilitating an abortion, or compelling or coercing another to obtain an abortion, of a fetus that is the result of criminal sexual penetration or incest with the intent to destroy evidence of the crime," the bill says.

Third-degree felonies in New Mexico carry a sentence of up to three years in prison.

Pat Davis of ProgressNow New Mexico, a progressive nonprofit opposing the bill, called it "blatantly unconstitutional" on Thursday.

“The bill turns victims of rape and incest into felons and forces them to become incubators of evidence for the state,” he said. “According to Republican philosophy, victims who are ‘legitimately raped’ will now have to carry the fetus to term in order to prove their case.“

The bill is unlikely to pass, as Democrats have a majority in both chambers of New Mexico's state legislature.

UPDATE: 12:25 p.m. -- Brown said in a statement Thursday that she introduced the bill with the goal of punishing the person who commits incest or rape and then procures or facilitates an abortion to destroy the evidence of the crime.

“New Mexico needs to strengthen its laws to deter sex offenders,” said Brown. “By adding this law in New Mexico, we can help to protect women across our state.”

Bill proposed by a woman no less. The fuck?

[6souls]

http://cdn.c.photoshelter.com/img-ge...mkb020712j.jpg

[Howie Roary]

[Ragnus]

http://www.bluegartr.com/threads/114518-lawl-new-mexico

CS beat ya to the new thread thing. But yeah. Shit is retarded.

[myreality]

NYPD officer who sexually assaulted teacher beats rape conviction

A New York police officer who brutally sodomized and inflicted oral sex upon a schoolteacher at gunpoint has not been convicted of rape, despite DNA evidence and witness testimonies about the violent attack.
New York’s state law excludes nonconsensual oral and anal sex from the definition of “rape”, calling them “sexual assault” instead, the New York Daily News reports.

“New York lags behind such liberal bastions as South Dakota and Tennessee in how we define rape,” said Assemblywoman Aravella Simolas, who last year introduced a bill that expanded the definition of “rape”, which failed to get passed. “New York should be at the forefront to protect crime victims.”
Lydia Cuomo, the 25-year-old schoolteacher who was victimized on the first day of her new job at a Bronx charter school, was sexually assaulted by off-duty police officer Michael Pena on Aug. 19, 2011. The cop asked her for directions to the subway at about 6:15 am, while she was waiting to be picked up by her principal.
But the NYPD officer suddenly pointed his 9-mm handgun at the woman’s face, threatening to kill her and violate her in every way imaginable. The officer let her live, but not without sexually assaulting her first.

And the evidence was there: doctors found Pena’s DNA on the victim’s undergarments, a witness testified to seeing the man penetrate the woman, and even NYPD officers admitted that Pena sexually assaulted Cuomo.
“I feel like essentially I had a silver platter of a rape case. I had witnesses, I had DNA, I had my own testimony, I had two cops,” Cuomo said, speaking publicly for the first time in an interview with the Daily News

Pena was found guilty of committing a criminal sex act and predatory sexual assault, but fell short of being convicted of rape in Cuomo’s case – even though he was convicted of rape in several other cases involving different women.
“Anal’s not rape?” Cuomo said. “On what planet do you live? It never occurred to us that that’s not rape.”
The young woman is now going public with her case to try to change the New York statute limiting the definition of rape. States like Tennessee and South Dakota define forced sodomy and oral sex as rape, while New York has repeatedly failed to change its statute.

“I applaud Lydia Cuomo for speaking out and lending her support for the ‘Rape is Rape’ bill. Her courage in coming forward to shed light on this important issue is truly inspiring,” Simolas said in a statement. Although the bill was rejected by the Assembly in 2012, Simotas and Cuoma both hope to eventually get it passed.
Meanwhile, Cuomo has returned to work at the Bronx elementary school, but continues to deal with the trauma from the attack.
“My life has been shattered – my sense of security, my sense of safety, any and all independence,” she said.

Even though Cuomo’s offender has been sentenced to 10 years to life in addition to 75 years to life for two other rape charges that he pled guilty to, she believes it is wrong for the court to refuse to acknowledge that she too was raped. While Pena will likely spend most or all of his life behind bars, Cuomo hopes to change the definition of rape to incorporate other types of sexual assault.

.

[chazzyphizzle]

shouldn't have had an asshole in a warzone

[myreality]

shouldn't have had an asshole in a warzone

[Ragnus]

Wait. So he was convicted a few times of rape before this incident. Even taking into account that he might have done this before entering the academy, it still means that in NY you can no longer have the right to vote yet still be eligible to become a police officer. It's a bit scarier if he did it after he got his job because it means that they've turned a blind eye to a cop who is a rapist.

Or am I missing something here?

[Blubbartron]

It's pretty common for the letter of the law for rape to be vaginal penetration only. Not sure if it dates all the way back to virginity being worth something (literal worth), or if the increased risk of pregnancy caused it to be a "greater" crime. I'm kind of hoping it's the latter, because it would make it all the more ironic considering the thread this is.

[Lucavi]

Goes back to christianity, whee! Just like christian girls taking it up the ass in school while not doing vaginal penetration because "they're still a virgin and pure if they don't give up their vaginal virginity". The law on the books is a religious law, not a commonsense law.

Fuck el oh el. I feel terrible for this woman, but thankfully, it seems that she doesn't need my sympathy. She's pretty tough to be out there trying to make a stand after having this happen to her. I wish her the best.

[quannum]

It's pretty common for the letter of the law for rape to be vaginal penetration only.

I think only 8 states aren't that way.