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View Diary: CO-Sen: Buck didn't prosecute rape case because he believed victim had abortion (161 comments)

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  •  I've been a prosecutor and would fight like hell (10+ / 0-)

    to exclude any mention of the victim's medical history. What does abortion have to do with this?  It's not a defense.

    I would also fight like hell for conviction because previous consent to sex with the perpetrator does not equal waiver of consent.  I've taken those cases to trial and won.

    Lack of consent is rape.  Period.

    My dogs think triciawyse is smart and pretty. They think I'm a strange, frumpy woman wth limitless snacks.

    by martydd on Tue Oct 12, 2010 at 09:41:17 AM PDT

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    •  The transcript is disturbing (2+ / 0-)
      Recommended by:
      chase, wide eyed lib

      (280) V: So you’re looking at the fact that I had a miscarriage with his child, and what else? Give me more information, because I’m really interested in knowing the totality.

      KB: That’s part of it. And part of it is, when you describe yourself as "bedfellows" and you did indicate that you were "bedfellows" and "it’s hard to convince a Weld County jury that this wasn’t consensual, when that is your label. So there are those kinds of factors. This office doesn’t believe in (blaming the victim?) for the conduct of the case but, we do have to take into account what a weld county jury sees in the relationship. You had consumed a lot of alcohol. You had a prior relationship. According to him, you were naked from the top up when he came into the bedroom. So, there are enough indicators or (indications?) that in my opinion make this impossible to prove beyond a reasonable doubt.

      •  Here's more from the transcripts (1+ / 0-)
        Recommended by:
        chase

        (147) V: So you’re telling me that previous sexual relations is enough to provide consent, and you’re telling me that because of me calling him and because of previous sexual relations and because I invited him up and told him how to get in, that invited him up for sex...

        (153) KB: I’m telling you that’s what the circumstances suggest, to people, including myself, who have looked at it. Although, you never said the word yes, but the appearance is of consent.

        V: Even though, he also stated that I told him no.

        KB: He stated that in a phone call that you had with him later.

        V: No, that’s not what that says ... (reading police report). He stated the victim did say no, he does recall the victim rolling over and saying no. That’s me saying no during the act, that’s men not giving consent.

      •  I've actually been in a situation similar... (1+ / 0-)
        Recommended by:
        i like bbq

        Had been over at an ex's and she was passed out from drinking to much so I threw a blanket over her and locked the door on the way out.

        Unless you are a complete shill if someone comes in and finds you unconscious and you don't respond they would normally be worried.

        www.billwhitefortexas.com Liberals, fighting the conservative way since 1776...

        by Final Frame on Tue Oct 12, 2010 at 10:35:51 AM PDT

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    •  Here is what is a little scary (2+ / 0-)
      Recommended by:
      wishingwell, martydd

      let's say Buck is right about the liklihood of a conviction.

      What does that say about the potential jury pool???

      But the idea that this doesn't get prosecuted in most places is wrong in this ex-prosecutor's experience.

      The bitter truth of deep inequality has been disguised by an era of cheap imported goods and the anyone-can-make-it celebrity myth - Polly Toynbee

      by fladem on Tue Oct 12, 2010 at 09:52:33 AM PDT

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    •  Bravo Marty and also I was thinking if this (0+ / 0-)

      woman had shot her attacker, Buck would have been going after the death penalty for her and prosecuting her to the max for either murder or attempted murder. I am betting even if she killed her rapist in self defense, he would not believe her and go after her with murder charges.

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