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Re: While we are discussing
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Originally Posted by Adder
If the question is what box to check, the answer is clearly yes. She felt violated and was harmed, and it's a form about her health.
If the question is was she justified in feeling violated, the answer is also yes, if only for being awoke by him "thrusting I to her."
Does that make it rape for which he should be prosecuted? Probably not. Practically, proof would be hard, but even if it wasn't, he relied on her express assurances and/or lack of objection, and really should be able to do so in the context of a LTR.
A tragedy here is her inability to communicate and the pain she felt as a result of expecting him to read her mind. Part of becoming an adult is learning that lose that expectation.
And a further tragey is whatever led her to behave the way she did, putting up with shit no one should have to put up with.
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"Proof would be hard"? This analysis is a tragedy. You don't decide whether to prosecute - an act which would potentially due irreparable damage to both the accused and accuser - based on "whether we can shoehorn the facts into the statutory description of an offense." "We'll make new law!" or "Let's try a novel claim" or "Let's use this case to get a decision defining [insert offense]" is the most offensive basis for any legal claim. The prosecutor's primary concern should be doing what's right. In almost every instance, that is only prosecuting where there is overwhelming proof a crime that easily falls within the statute at issue has been committed.
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All is for the best in the best of all possible worlds.
Last edited by sebastian_dangerfield; 09-14-2012 at 10:17 AM..
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