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View Diary: Straight Talk on South Dakota? (264 comments)

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  •  There is no legal method (4.00)
    of immediately determining whether a woman has been raped. A large percentage of rapists apprehended by the police claim that the alleged rape was in fact consensual sex. Many, many rape cases devolve into a case of "he said/she said" in which the perpetrator pleads innocent at arraignment. There is no procedure anywhere in America for certifying rape victims -- that is one of the things that happens at the criminal trial of the perpetrator. Only at the time of the trial, which occurs a year or more after the rape, is there any legal certainty as to whether or not a rape has occurred. By that time the pregnancy has been carried to term. Even with a law having strict restrictions on abortion that exempt rape victims, no doctor will perform an abortion on a rape victim because of this legal uncertainty. The doctor could potentially be committing murder under such a law.
    •  Excellent point. Or, alternatively... (none)
      if the law is interpreted to allow intercourse to be deemed rape for the purposes of abortion, just on the woman's say-so, before any conviction... then it will definitely be the cause of an increase in false accusations of rape.

      Unintended consequences.

      Folly is fractal: the closer you look at it, the more of it there is. - TNH

      by Canadian Reader on Mon Mar 06, 2006 at 11:41:34 AM PST

      [ Parent ]

    •  The Napoli Method (none)
      is the direction that the Right-Wingers want to take this country in.  Any time you hear "state's rights"  it's really seeking a handle for enforcing personal desires on others.  It would consist in judgment by the [wild-west] community . . . of your character.  As most thorough a policing of identity as technology allows.  Is she a "virgin"?  Is she sufficiently religious to be spared? . . . let the "community" decide.  

      "Class conflict is essential if freedom is to be preserved, because it is the only barrier against class domination." -- Arthur Schlesinger Jr.

      by cnkays on Mon Mar 06, 2006 at 12:48:27 PM PST

      [ Parent ]

    •  Wow. (none)
      You and Canadian Reader have alerted me to yet another fallacy of this "rape and incest" clause.

      It's unenforceable.

      I'm going to be quoting this in the future so forgive me for not remembering that you were the one who alerted me.

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