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View Diary: Solving Rape? - A Very Short Statement For Those Who Just Don't Get It! (358 comments)

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  •  Except it doesn't work like that. (1+ / 0-)
    Recommended by:
    Richard Lyon

    The defense always argues that the person was taking roofies willingly.  Some people do that to get high / get drunk faster.  Prosecution has to prove "beyond a reasonable doubt" that they weren't.

    To put it plainly: if preponderance of evidence is a good enough standard to establish whether something was self defense, it's good enough to establish whether something was consensual.

    •  Your scenario still doesn't work. (1+ / 0-)
      Recommended by:
      Sparhawk

      It doesn't matter if she was drugged or if she drugged herself. Under current law when she's in that state she can NOT legally consent to sex. It's the same if she willingly drinks so much alcohol she passes out.

      Try again.

      Please proceed, Governor.

      by USArmyParatrooper on Tue Jun 18, 2013 at 06:12:52 AM PDT

      [ Parent ]

      •  The person could have consented before (0+ / 0-)

        taking the drugs.  And anyway, the simple fact is that most rape drugs leave the system so fast that they're rarely isolated on toxicology tests anyway.

        And if you don't like that example, try the bottle example below.

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