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View Diary: Gun-totin' property owner kills a guy trying to defend his cousin, who urinated on a gravel bar (374 comments)

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  •  Sorry, but that's weak. (0+ / 0-)

    A guy just complies and doesn't know for sure it's his girlfriend?     What would you charge either of them of, complete stupidity?

    The priest said, "Today's sermon is called 'Liars', but first I have a question. How many of you have read Chapter 66 in Matthew?" Nearly every hand went up. "You're just the group I need to speak to," the priest said. "There's no such chapter."

    by Back In Blue on Tue Jul 23, 2013 at 09:19:42 PM PDT

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    •  Shrug... look at the Anthony Weiner texts (0+ / 0-)

      http://thedirty.com/...

      Ask yourself if they had set up a meeting in a hotel room and if he had another session with her where she told him she wanted it hard and rough and that she was going to fight and yell rape but he should just do it whether it would have been reasonable for him to believe it.

      •  Still weak. (0+ / 0-)

        The odds of that scenario happening?  I mean, someone in the room where his actual girlfriend and he set-up a meeting?  Someone would actually have to plan that.  Not sure what point you're trying to make.

        The priest said, "Today's sermon is called 'Liars', but first I have a question. How many of you have read Chapter 66 in Matthew?" Nearly every hand went up. "You're just the group I need to speak to," the priest said. "There's no such chapter."

        by Back In Blue on Tue Jul 23, 2013 at 09:56:30 PM PDT

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        •  It has happened (0+ / 0-)

          http://articles.latimes.com/...

          McDowell later told authorities that he and the woman exchanged instant messages, and she described what she wanted -- "humiliation, physical abuse, sexual abuse," according to investigators -- and gave him her home address.

          In fact, authorities say, McDowell was communicating with Stipe.

          On Dec. 11, McDowell allegedly went to the woman's home and forced his way inside. He bound, blindfolded and gagged the 25-year-old woman, then raped her as he pressed a knife to her throat, the affidavit said.

          Detectives said he told them he thought he was fulfilling her rape fantasy.

          McDowell was arrested and charged with first-degree sexual assault, aggravated kidnapping and aggravated burglary. Stipe was also arrested and charged with conspiracy to commit first-degree sexual assault.

          ...

          But as for the alleged rapist, Blonigen said his state of mind would be central to the case. Though jurors must weigh what McDowell believed to be true, they also must consider how a reasonable, objective person would view the situation, he said.

          •  OK, now you're talking about two different things. (0+ / 0-)

            First you hypo'd a situation involving a girlfriend, then in the next situation you have a text-loving guy with a problem (and yes, Weiner has a problem) who "knowingly" had sex with a woman without her consent.  The "consent" came from a third-party, not the woman.  That's rape.

            I don't actually have a real issue with state of mind being considered, but in FL's SYG law the threshold is only the word of the shooter.  In GZ's case (and many others) the jury or judge believed the shooter.  In Alexander's case, the prosecutor did not believe Alexander and she was not allowed to use SYG as a defense.   Entirely subjective, entirely unjust, entirely crappy law.

            In your scenario's, there's little question who's at fault.

            The priest said, "Today's sermon is called 'Liars', but first I have a question. How many of you have read Chapter 66 in Matthew?" Nearly every hand went up. "You're just the group I need to speak to," the priest said. "There's no such chapter."

            by Back In Blue on Wed Jul 24, 2013 at 02:18:13 PM PDT

            [ Parent ]

            •  I don't think you read the case carefully (0+ / 0-)
              then in the next situation you have a text-loving guy with a problem (and yes, Weiner has a problem) who "knowingly" had sex with a woman without her consent.  The "consent" came from a third-party, not the woman.  That's rape.
              Obviously knowingly having sex with a woman without her consent is rape.  But in the cases I'm presenting there is at least a reasonable claim by the man who had the sex that he thought he had consent.  If you believe that claim I don't think you can say that he committed rape.  Whether or not the faker who tricked that man can be accused and convicted of rape would depend on the exact wording of the rape statute in the law books.  
              I don't actually have a real issue with state of mind being considered, but in FL's SYG law the threshold is only the word of the shooter.
              No.  It is what the shooter could reasonably believe.  It's basically the same as most SYG states, including blue California.
          •  Not at all surprised (0+ / 0-)

            the accused rapist would make such a claim.  "I thought it was her fantasy" is just another form of "she was asking for it."  Yeah, OK, some people are into sex that's rougher than the average.  But imitating actual rape...I think a woman would have to be off her rocker to actually desire that.  Oh but wait, right--there's no such thing as rape and women lie about it to get attention, money, etc., because they all actually "want it", all the time.  Silly me, I forgot.

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