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View Diary: CO-Sen: Suspect in 2005 rape case Buck refused to prosecute admitted culpability (146 comments)

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  •  actually this part of the report is more (0+ / 0-)

    compelling to me.

    "He states after more questioning that maybe once or twice the victim said no. He stated he thought the victim did say no while he was fingering her. He stated he does recall her rolling away and saying no. He stated he agreed and then a short time later began touching the victim's back and again inserting his fingers into her vagina."

    That has him doing stuff AFTER she says no, and that's pretty clearly going to be at minimum a sexual assault, and likely rape, so that part by itself would seem to go against the argument that one might make as a defense attorney that they regularly have drunk sex, and that she was topless when she came into the room.

    Saying no before pretty much erases all of that.

    •  yes (0+ / 0-)

      although his admitting she was "barely conscious" seems to not equal consent.

      Thanks for reading all - and adding comments.

      There were a few earlier comments defending Buck and his reasons for not prosecuting based on lack of evidence that showed those commenters had not read anything about this.

      Manan Trivedi PA-6 needs help against Gerlach's smear campaign

      by PAbluestater on Tue Oct 12, 2010 at 11:52:07 AM PDT

      [ Parent ]

      •  I defend the idea that prosecutors should have (0+ / 0-)

        discretion, even in rape cases.

        I want to be sure we are not going to throw that aside in an argument that we should have a blanket rule that says prosecute everytime someone accuses someone of rape.

        I can understand an urge to leap to that in this case. I also can understand why it doesn't apply in this case (probably) given the facts. Moreso, I can understand why even if a prosecutor could look at it that way in this case, Buck assuredly did not and simply decided to bring his own prejudices and bias into it.

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