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Banned words debated in sex assault case ( Liberal Judge )
Lincoln Journal Star ^ | Jun 17, 2007 | CLARENCE MABIN

Posted on 06/19/2007 8:45:29 AM PDT by george76

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To: Teacher317

Maybe. The fact she picked him up, left the bar at 3 AM and went home with him, apparently quite willingly is why the case is being handled the way it is.

Under the circumstances, I can understand the judge not allowing ‘rape’ to be used, since it clearly hasn’t been established, and only alleged the morning after she went to his home willingly.


41 posted on 06/19/2007 10:43:20 AM PDT by Badeye ("In 2 weeks, I join the list of UNEMPLOYED". ...Goldi-Lox (karma comes around))
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To: Abathar
When a woman says stop or no, no matter when she says it, it means stop. Not stopping can get you 20 years.

What makes you think he did not stop?

42 posted on 06/19/2007 10:44:32 AM PDT by Doe Eyes
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To: Mordacious

‘Many of the date-rape drugs leave the system so quickly that if you don’t test for them within a few hours, you can’t find them.’

Not ‘next morning’ quick. Sorry, there is nothing to indicate she did anything more than got drunk on her own accord, picked up a man and went home with him.

And where, exactly, are posters getting the notion a date rape drug was used in the first place? There is nothing to indicate anything of that nature.


43 posted on 06/19/2007 10:45:05 AM PDT by Badeye ("In 2 weeks, I join the list of UNEMPLOYED". ...Goldi-Lox (karma comes around))
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To: Badeye
She told the investigator she could only recall waking up in a strange apartment with an unknown man who was “having sexual intercourse with her.”

Rape IS sexual intercourse without the woman's consent. And since she was apparently under the influence, having blacked out quite a bit, it is still rape because she didn't have full control of her faculties.

I just am astounded the judge won't let her use the word to describe what happened to her.

Every day I think I've heard it all, then something like this comes along.

44 posted on 06/19/2007 1:42:33 PM PDT by 3catsanadog (Vote for the person at the primaries; vote for the party at the election.)
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To: Badeye
Not ‘next morning’ quick.

Yes, next morning quick. Roofies can be detected for up to 72 hours, but GHB, the most common rape drug these days, often can't be detected in as little as 4 hours after ingestion.

45 posted on 06/19/2007 1:55:59 PM PDT by Mordacious
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To: Badeye
And where, exactly, are posters getting the notion a date rape drug was used in the first place? There is nothing to indicate anything of that nature.

"Bowen, a 2005 graduate of the University of Nebraska-Lincoln, said after a night of partying at Brothers Bar and Grill, she woke up in bed with then 31-year-old Pamir Safi, a man Bowen claimed she could not remember meeting.

Two years after reporting the alleged first-degree sexual assault, the case of State v. Pamir Safi went to trial in October 2006. But on Nov. 6, the judge ruled the case a mistrial after the jury could not declare a verdict.

Bowen said her story began on Oct. 30, 2004, when she and several of her friends went to a costume party at Brothers Bar and Grill, 1339 O St. Bowen alleges she remembered having some drinks with her friends, and then nothing until the she woke the next morning.

"I have no clue who this person was," Bowen said. "I've never gone home with anyone from a bar - that isn't me.""

46 posted on 06/19/2007 2:03:43 PM PDT by Mordacious
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To: Mordacious
From Inside Jury Deliberations in a Rape Case.

One was what she told the hospital nurse after the assault about when in the morning it occurred.

"The nurse testified Tory said it was 2 o’clock in the morning,” Foreman said. “She had her brain on enough that she knew the time.”

Safi testified he and Bowen had sex shortly after they arrived at his apartment and then fell asleep. When he awoke sometime after 7 a.m., he said, he began to have sex with her again, but she stopped him.

How does this square with,

"Bowen alleges she remembered having some drinks with her friends, and then nothing until the she woke the next morning."?

47 posted on 06/19/2007 4:47:24 PM PDT by Doe Eyes
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To: 3catsanadog

‘Rape IS sexual intercourse without the woman’s consent. ‘

Yep.

“And since she was apparently under the influence,”

Yep.

“having blacked out quite a bit,”

Nobody knows for sure.

“it is still rape because she didn’t have full control of her faculties.”

Only if she’s telling the truth. This is he said, she said.

I don’t know if she was raped, or just very very embarrassed the next morning at her own behavior.

Hence the hung jury the first time around, hence the curious judicial ruling.


48 posted on 06/20/2007 5:39:28 AM PDT by Badeye ("In 2 weeks, I join the list of UNEMPLOYED". ...Goldi-Lox (karma comes around))
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To: Mordacious

‘Not ‘next morning’ quick.
Yes, next morning quick. Roofies can be detected for up to 72 hours, but GHB, the most common rape drug these days, often can’t be detected in as little as 4 hours after ingestion.’

Excluding her statement, do you have anything to support a ‘date rape drug’ in this matter?

Me neither. And its pretty obvious the first jury didn’t find it as well, hence the hung jury.


49 posted on 06/20/2007 5:40:45 AM PDT by Badeye ("In 2 weeks, I join the list of UNEMPLOYED". ...Goldi-Lox (karma comes around))
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To: Badeye

Here’s an interesting story with interviews with the first (hung) jury.
http://www.journalstar.com/articles/2006/11/12/local/doc45565b0e3336f182485880.txt

On the one hand, the guy’s an Army reservist whose deployment to Iraq was put on hold until this case is resolved. Two other girls who claimed he got them drunk and raped them (but neither case led to charges) testified at his trial against him.

On the other is the victim, dressed like Jessica Rabbit for a Halloween party (what did Carlos Mencia call Halloween, “National Dress Like A Whore Day”?) who now works for the College Republicans in DC. The jury thought some of her testimony wasn’t credible (for example, she claimed not to rememeber anything from the time she left the bar until the next morning. But the ER nurse testified the victim said she remembered having sex when they got to the defendant’s hosue at 2am. So the jurors voting for acquittal that she consented and then woke up with buyer’s remorse.

From the evidence, I don’t know what happened. But its like in baseball, ties go to the runner-— if there’s reasonable doubt, you have to vote the defendant not guilty.


50 posted on 06/20/2007 10:48:33 PM PDT by Maximum Leader (run from a knife, close on a gun)
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To: Maximum Leader

‘From the evidence, I don’t know what happened. But its like in baseball, ties go to the runner-— if there’s reasonable doubt, you have to vote the defendant not guilty.’

Yep. Thanks for the additional information.


51 posted on 06/21/2007 6:04:33 AM PDT by Badeye ("In 2 weeks, I join the list of UNEMPLOYED". ...Goldi-Lox (karma comes around))
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To: Mordacious

May or may not have come out in the first trial.


52 posted on 06/23/2007 8:12:09 AM PDT by freekitty
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To: 3catsanadog

One can also black out from drinking a lot.


53 posted on 06/23/2007 8:14:23 AM PDT by freekitty
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To: george76

I have said it for 50+ years::

When men are the victim of rape like women are, this crime will be punishable by death..no parole..no appeals..DEAD.

Men just don’t get it.


54 posted on 06/23/2007 9:07:46 AM PDT by ridesthemiles
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To: Badeye
“I think rapists should be imprisoned for life, btw.

I also think personal responsibility is personal responsibility...and this young woman errored in that.”

You’re too easy. Rapists should be executed. However, your other point IS valid. It is really easy to get in trouble over someone changing their mind later, and deciding they really didn’t want to do something they chose to do earlier. Especially when alcohol is involved.

55 posted on 06/23/2007 9:54:27 AM PDT by Old Student (We have a name for the people who think indiscriminate killing is fine. They're called "The Bad Guys)
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To: Old Student

‘You’re too easy.’

While true, I can say that I’m not cheap....(chuckle)

It isn’t easy being sleezy....


56 posted on 06/28/2007 7:01:14 AM PDT by Badeye ("In 2 weeks, I join the list of UNEMPLOYED". ...Goldi-Lox (karma comes around))
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