Beaten, yes. I say this because I don't think they would report alcohol poisoning as "critical condition".
Rape? statutory (with consent)
Beaten, yes. I say this because I don't think they would report alcohol poisoning as "critical condition".
Rape? statutory (with consent)
Except for the part where she was airlifted to a hospital in critical condition? Generally speaking, that doesn't end up happening in consensual situations. I guess you also don't understand that if someone says "stop" at any point during a sexual encounter, the law holds you responsible for obeying their wishes.
Except for the part where she was airlifted to a hospital in critical condition? I am pretty sure that implies something serious happened.
Ok, the SJ Mercury article does say she was punched while unconscious
"The victim drank a large amount of brandy quickly, police say, and was quickly incapacitated. While semiconscious, she fell victim to rape. As many as seven people assaulted her as she lay on a bench, while others jeered, beat her, robbed her and took photos with their cell phones. Police say they don"t know exactly how many people watched during the course of the attack, but some reports have said as many 20."
Critical condition is actually not vague at all.
Medical state - Wikipedia, the free encyclopedia
Critical
Vital signs are unstable and not within normal limits. Patient may be unconscious. Indicators are unfavorable.[1]
I like how you quote me saying that she was admitted under the conditions of unconscious and most likely unknown, and then give a definition where critical condition often means admitted under the conditions of unconscious and unknown.
As of now, they haven't formally charged the 19 year old whose semen was actually found inside her, either. So I'm really not sure what else you could have been implying. They also release people when they plan to find evidence to support additional charges, because they like to hit you with everything at once. It's not like they're going to be like Wednesday: rape charge, Thursday: kidnapping charge, Friday: robbery charge, following Tuesday: additional charges. Come on dude.
So trying to have sex with someone while they are so drunk that they need to be airlifted to a hospital for alcohol poisoning indicates that the consent is legitimate? Hmmm.
So continuing to have sex with someone so physically damaged by the ongoing sexual activity that they are in critical condition is not obviously a bad choice that would probably no longer be consensual if they were actually conscious and able to tell you "hey you're quite literally destroying my guts"?
It's not like you're going to be totally unaware that you're fucking someone whose health is in critical condition. It may be vague, but it's not difficult for a layman to infer that someone is beyond reasonable decisionmaking capability. Just saying. You should probably pull your dick out when she's unconscious and either bleeding from one or more orifices or vomiting uncontrollably. I think that pretty much rescinds any consent, explicit or implied.
I think if they can make a rape case stick they would hold him and charge the rest later. If they could only get a robbery charge to stick, I could see them releasing until they could get the more serious charges to stick.
But again, I would think if they thought you were a rapist, they would hold you on whatever they could so you couldn't up and get away.
I'm not a cop, or a DA, and being as they are coming from Richmond, I could imagine them doing stupid things.