http://www.news.com.au/couriermail/story /0,23739,25823169-952,00.html
A judge refused to impose a jail sentence on a man who plead guilty to rape after continuing to perform a sex act AFTER the victim passed out. Apparently, it's unfair to mark him as a rapist.
I'm sorry, but if someone is PASSED OUT, how do you continue and not be a rapist?
While I am unsure of the appropriate sentence, I do think, if you KNOWINGLY continue to have sex with someone after they have passed out, then that makes you a rapist. Of course, she consented to an initial sex act before passing out, but we have no way of knowing what further sex acts were performed, or how far the victim was prepared to go. Because she didn't get the opportunity to consent to continuation or further sex acts.
Don't expect intelligence.
"VEGAN IS SYMBOLIC OPPRESSION! STOP THE MURDER OF PLANTS! GO SUNLIGHT DIET!"
I'm going to have to buy some chloroform!
At 7/24/09 06:12 PM, Dugh wrote: Lol, she fell asleep. :P
Not the same as being passed out though...
Don't expect intelligence.
"VEGAN IS SYMBOLIC OPPRESSION! STOP THE MURDER OF PLANTS! GO SUNLIGHT DIET!"
Hmmm this is gonna give the idiots of newgrounds ideas.
Death cures a fool
At 7/24/09 06:16 PM, Eddyking wrote:At 7/24/09 06:12 PM, Dugh wrote: Lol, she fell asleep. :PNot the same as being passed out though...
Killjoy
It's not rape if you can't understand what the other person is saying...
My signature was old so I changed it.
Oh god, this is hilarious. But not rape. Technically.
Still, that made my day.
You'd have him sign a register and be branded for the rest of his life for something as minor as this? No violence was involved, no malicious drugging, no malicious intent. He's not a danger to people in the future.
If anything falls under a judge's discretion to not convict someone, then this would be it.
At 7/24/09 06:10 PM, Eddyking wrote: http://www.news.com.au/couriermail/story /0,23739,25823169-952,00.html
A judge refused to impose a jail sentence on a man who plead guilty to rape after continuing to perform a sex act AFTER the victim passed out. Apparently, it's unfair to mark him as a rapist.
it isnt fair, he'll be on a sec offender list for life, because they were probably fuked up, had sex, and she passed out.
it should be a different charge, because, i mean, it should be a crime of some sort, but shouldnt hold the same burden as being a rapist.
In danish "rape" is called "voldtægt", which literally translated means "violencetake"... And since she's passed out he didn't need to perform any form for violence, therefore he should be okay :3
At 7/24/09 06:10 PM, Eddyking wrote:
I'm sorry, but if someone is PASSED OUT, how do you continue and not be a rapist?
Because he had consent when she was conscious, and she never said "don't continue if I pass out", and it's only rape if they say "no" or don't want it.
Plus I suppose being unconscious is about the same mental level as being dead...
At 7/24/09 06:20 PM, TripleDK wrote: In danish "rape" is called "voldtægt", which literally translated means "violencetake"... And since she's passed out he didn't need to perform any form for violence, therefore he should be okay :3
in german its Vergewaltigung, or just gewalt [gewalt means like force too though, forcefully ]
but yeah, Vergewaltigung means, very loosly, with force, so, same mindset, same deal, it cant be rape, as rape is implied to be forcefull, and i woudlnt call it statutory because, well, that kind of implies pediphile, i still say it should be a new, minor charge at best, and then only if the other party wants to press charges
what most people dont realize is the police have the right to press charges, if the other person says no, they can still say yes, so, it should be a new law, and exclude that
At 7/24/09 06:19 PM, CrazedKiller-X wrote: Well, that judge is pathetic and doesn't belong in society.
"I would put this offence at the lower end of the scale because the (sex act) began as a consensual one before the victim passed out and became incapable of consenting," Judge Smith said. "There is an inference that she might have consented (to more sex) had she been awake. The issue I have to resolve is whether I should even impose a suspended sentence here, that's my problem."
He declined to sentence Sloan, saying he needed more time to consider the matter.
"I'm troubled by this," he said.
"I've got you to consider, Mr Sloan, but also the victim and the public's perception."
Yea... real pathetic. /me rolls eyes.
Personally... I'm not sure how the case came to be prosecuted. The woman is alleging that the man raped her? I don't understand why she would agree that there was EVER consensual sex in the first place if that was her intention. I wish there were more background information so I could make up my own mind.
As it is, I side with the judge. I don't think I would call the man a rapist. He's harsh on himself because (I suspect) he feels guilty about continuing... but seriously, when was the last time you were balls-deep in some broad and a situation arose where you should stop? And what about the time between when she passed out and when he noticed she wasn't conscious any longer? If he stops immediately upon noticing, but not before she's unable to consent, is he still raping her? The case casts rape in the most unclear manner I've ever seen. I wouldn't be surprised if this reached the Supreme Court.
At 7/24/09 06:28 PM, Evark wrote: As it is, I side with the judge. I don't think I would call the man a rapist.
To punish him in the same manner as an actual rapist would be such a puritanical punishment. It'd be like imposing the death penalty for death by negligence.
At 7/24/09 06:19 PM, TheSilverGuitar wrote: Oh god, this is hilarious. But not rape. Technically.
Still, that made my day.
Technically it is rape.
If she's asleep she isn't consenting
At 7/24/09 06:34 PM, HeartbreakHoldout wrote: To punish him in the same manner as an actual rapist would be such a puritanical punishment. It'd be like imposing the death penalty for death by negligence.
Exactly. Like, if someone says I can have their coffee mug and there's coffee in it when they give it to me, what do you do with the coffee? If you drink it are you stealing? If you dump it out are you guilty of malicious destruction of property?
It strikes me as unreasonable to expect that the common man should react with the sort of prudence a rape decision handed down would requite in such a situation. Not that I condone rape in any form, but bear in mind also that nothing she hadn't already consented to went on.
At 7/24/09 06:39 PM, Evark wrote: Exactly. Like, if someone says I can have their coffee mug and there's coffee in it when they give it to me, what do you do with the coffee? If you drink it are you stealing?
I think it makes you something entirely different if you drink the remains of someone else's coffee...
It strikes me as unreasonable to expect that the common man should react with the sort of prudence a rape decision handed down would requite in such a situation.
Yeah, I think a charge of rape would be misleading in this situation. It would make the whole thing seem very black and white, when in reality, the lines are very blurred. At the very least, the judge's decision should take into account the complexity of what happened.
Not that I condone rape in any form, but bear in mind also that nothing she hadn't already consented to went on.
Also, it seems as though the man's guilt was a big factor in how far this case went. I don't think a life should be ruined due to guilt.
If this man is actually convicted of rape, it should be dwindled down to a minor amount of time in jail, but only if the woman is pressing charges.. to me this doesnt sound like a case of rape but more of a case of "Is it in yet?" obviously nothing exciting was going on if she found time to pass out during sex. but this also goes to show you, get drunk and fuck you could get charged with just about anything.
also id like to say.. its not rape if you say suprise.
smells like someone shit in their cereal.. BONG!
His foreplay must have bored the shit out of her.
Userpage Webcomic
Some people choose an aura because it compliments their profile picture, you know.
If they were having sex, then she passes out, and he continues to have sex with her. It should not be counted as rape, she was willing at first, what difference does it make 10 minutes later if she falls asleep or is unconscious without any brute force, etc.
Yeah, whatever.
PSN ID: REDSiN66
The judge must have did it for the lulz.
I say he's guilty...
of being bad in the sack.
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