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Old 09-14-2012, 10:11 AM   #3963
sebastian_dangerfield
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Re: While we are discussing

Quote:
Originally Posted by Adder View Post
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.
"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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Last edited by sebastian_dangerfield; 09-14-2012 at 10:17 AM..
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