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Postby Kilroy » Thu Feb 01, 2007 1:33 am

deerayfan072 wrote:
Kilroy1872 wrote:
deerayfan072 wrote:
anderbudd wrote:[In a rape case, the woman’s intoxication is counted against the rapist, since she is clearly not in a frame of mind to make clear decisions]

which means that courts still consider the male in a sexual union as the aggressor, no matter what. The pity of this case is that the girl claimed to be the aggressor, and that sex was consensual, and even with that, he was still found guilty of following out a primal desire.

Does anyone know if there has ever been a male who has sucessfully filed rape charges against a female?


Its impossible for a man to be raped by american law


So you're saying that in none of the 50 states can a woman be criminally charged with raping a man?

I find that hard to believe. (not because I question your word, that just kinda blows my mind a bit.)

:-?


Statutory rape and the like yes, but the normal rape no b/c of the erection part. The women would have to get the guy to have an erection so it basically becomes impossible due to how the statute is written


I don't get that either. Erections and arousal aren't necessarily always mutually inclusive. Fear responses can produce them as well. Which brings us back to....
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Postby Felix the Cat » Thu Feb 01, 2007 1:48 am

I'm not sure about the United States, but I know that about two-three years ago a man successfully reported that a woman raped him in Norway, and the woman was prosecuted and found guilty. Essentially, the man went to a party and ended up passing out. He woke up to a woman giving him oral sex. Apparently he didn't want that, and reported it to the police.
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Postby deerayfan072 » Thu Feb 01, 2007 8:00 am

Kilroy1872 wrote:
deerayfan072 wrote:
Kilroy1872 wrote:
deerayfan072 wrote:
anderbudd wrote:[In a rape case, the woman’s intoxication is counted against the rapist, since she is clearly not in a frame of mind to make clear decisions]

which means that courts still consider the male in a sexual union as the aggressor, no matter what. The pity of this case is that the girl claimed to be the aggressor, and that sex was consensual, and even with that, he was still found guilty of following out a primal desire.

Does anyone know if there has ever been a male who has sucessfully filed rape charges against a female?


Its impossible for a man to be raped by american law


So you're saying that in none of the 50 states can a woman be criminally charged with raping a man?

I find that hard to believe. (not because I question your word, that just kinda blows my mind a bit.)

:-?


Statutory rape and the like yes, but the normal rape no b/c of the erection part. The women would have to get the guy to have an erection so it basically becomes impossible due to how the statute is written


I don't get that either. Erections and arousal aren't necessarily always mutually inclusive. Fear responses can produce them as well. Which brings us back to....


Agreed and there have been arguments that you could still try a woman for rape in the same situations, but when you really break down the statute and read it, it makes it almost impossible.
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Re: Genarlow Wilson

Postby deerayfan072 » Mon Jun 11, 2007 5:17 pm

If you were watching CNN this afternoon you saw incredibly compelling television. Genarlow Wilson, the Georgia high-school homecoming king and 3.2 G.P.A. student, sentenced to ten years for receiving consensual oral sex from a fifteen-year-old when he was seventeen, was finally freed by a judge. The Soviet-styled sentencing was overturned after the state of Georgia had already wasted two years of this young man's life.

It seemed that the Kafkaesque nightmare was over and this young black Georgian could finally get on with his life.

Yet moments later Georgia District Attorney Thurbert Baker faxed the celebrating family of young Mr. Wilson that he was appealing the verdict.

As Monroe County Superior Court Judge Thomas Wilson stated in his decision to free Genarlow Wilson, "If this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish....If any case fits into the definitive limits of a miscarriage of justice, surely this case does."

It is long past time for this farce to end. We all need to contact Georgia Governor Sonny Purdue tonight and demand that Thurbert Baker be removed from office.

Click here to send him a message. When the form asks what is your message choose "other" (the last category) and then type in the box below it "Genarlow Wilson."


This is ridiculous, the Judge said that he should be free and the AG will not let it go? This is getting out of hand, someone needs to step in and do something, maybe the SC needs to order this to happen.
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Re: Genarlow Wilson

Postby smackthefirst » Mon Jun 11, 2007 7:08 pm

Yeah this is ridiculous. It has been all over the radio talk shows today. Of course I am completely against any form of sexual abuse and/or assault, but some state laws regarding sexual acts are seriously outdated and completely void of any actual value. Not knowing enough about the current case, I'm not going to pass judgment one way or the other. I'm just going from things I've heard today and I'm not bothering searching for links, but you can if you wish. Here's a few random are you serious sex laws.

- In hotels in Sioux Falls, South Dakota, every room is required to have twin beds. And the beds must always be a minimum of two feet apart when a couple rents a room for only one night. And it's illegal to make love on the floor between the beds!

- In Virginia, you can't have sex during the daytime, with a light on, or with socks on.

- In Oklahoma, it is illegal to have oral sex.

- In Florida, any form of sexual contact other than missionary position is a misdomeanor.

- It's against the law in Willowdale, Oregon, for a husband to curse during sex.

Obviously, these are all extreme examples of laws being outdated, but one law that I heard today really shocked me. And again I hold no remorse for any sexual predator for what they did. With that being said, there are still certain states with laws that mandate that if you are on the registered sexual offenders list that you can not live in any home with minor children. Normally, you see this as a good thing. Well the situation was that a teenager, I believe 17, had sex with his girlfriend, one year younger, and was caught by the police. According to the state laws, he was considered an adult and she was considered a minor and he was arrested for sexual assault. He was found guilty because he did break the written law, just not the spirit, and was sentenced to eight years. He served six years and was then paroled. However, he is now 28 and because he is a registered sex offender, he can not live in a home with minors. His problem now is that he is married and hopes for children. Unfortunately, due to the state law regarding sex offenders, he can not have children. If he would do so, either he would go to jail for violation of the law (and a second offense) or he, or his wife and new child, must move out.

Now if that isn't pure insanity regarding certain parts of the legal system not understanding that some of the laws either need to be reworded or that certain laws need to be left open to interpretation, than I don't what else would convince them.
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Re: Genarlow Wilson

Postby stomperrob » Mon Jun 11, 2007 7:21 pm

More from CNN...

Appeal blocks release in teen sex case

POSTED: 1925 GMT (0325 HKT), June 11, 2007

ATLANTA, Georgia (CNN) -- A judge on Monday threw out the 10-year sentence against a 21-year-old for a consensual sex encounter he had as a teenager. But the state attorney general quickly filed a notice of appeal, keeping Genarlow Wilson in prison for the time being.

The prosecutor's move brought an abrupt halt to the jubilation Wilson's mother, Juannessa Bennett, and his attorney, B.J. Bernstein, were feeling, and the plans they were making for Bennett to be reunited with her son.

"It is extremely, extremely disturbing that the attorney general would take this action now," Bernstein said, adding that she did not know what message "he's trying to send" or "who he's representing."

In a written statement, Georgia Attorney General Thurbert Baker said he filed the appeal to resolve "clearly erroneous legal issues," saying that while the judge did have the authority to grant habeas relief, he did not have the authority "to reduce or modify the judgment of the trial court."

Separately, Baker noted that Douglas County recently had offered a plea deal "that would have allowed Genarlow Wilson to plead to First Offender Treatment, which would mean that he would not have a criminal record nor would he be subject to registering on the sex offender registry once his sentence had been completed."

"The plea deal, if accepted by Genarlow Wilson's lawyers, could also result in Genarlow Wilson receiving a sentence substantially shorter than the 10-year mandatory minimum sentence for which he was originally sentenced, possibly leading to his release based upon time already served," Baker wrote.

"Genarlow Wilson, through his attorneys, rejected all of those offers. The district attorney's office has indicated that the plea offer will remain available to Genarlow Wilson notwithstanding the appeals process," according to Baker's statement.

Wilson has drawn support from throughout the country, including the editorial board of the New York Times and former President Jimmy Carter.

When he was 17 years old, he had a consensual sexual encounter with a 15-year-old girl, which was consensually videotaped.

Georgia law at the time made such an action a felony punishable by 10 years in prison and listing on the sex offender registry.

The state legislature later changed the law, partly in response to Wilson's case. But the change was not made retroactive, leaving Wilson in jail. He has already served more than two years.

Superior Court Judge Thomas H. Wilson of Monroe County, Georgia, voided the sentence Monday, agreeing with Bernstein that the punishment was cruel and unusual, and therefore unconstitutional, Bernstein said.

The judge ruled Wilson should serve one year, less than he has already served, and that he would not be listed as a sex offender.

Upon reading his ruling, which was faxed to her office in Atlanta, Bernstein cheered, screamed with delight, and hugged Wilson's mother. Watch Wilson's mom, lawyer's tearful reaction to the judge's ruling

"I just feel like a miracle happened," Bennett told CNN.

"He didn't deserve to have the sexual predator status," she said.

When Bernstein -- a frequent guest on CNN -- spoke to reporters before the attorney general's announcement, she pleaded with prosecutors to give up the fight.

"This has been a really long 28 months," Bernstein said tearfully. "It's a very long fight. And right now we have an order of release. And I beg the attorney general of the state of Georgia: please, enough. Do not file an appeal, please. Because we have an order of release right now for a young man that I think most everybody in the community believes should not be in prison."

She added, "Please, please, enough."

Bennett called the decision "a dream come true. It's definitely a dream come true." Of the judge she said, "He got a lot of heart, and God bless him."

Bernstein said she could not believe how long it took to get to this point.

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Re: Genarlow Wilson

Postby deerayfan072 » Mon Jun 11, 2007 7:34 pm

When this kid gets out, they need to go after this AG like the Duke kids went after Nifong. This is the same type of crap, they need to get him
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Re: Genarlow Wilson

Postby stomperrob » Thu Jul 05, 2007 1:17 pm

Update...

Former Lawmaker Works To Free Wilson

POSTED: 6:58 am EDT July 5, 2007


ATLANTA -- The former state lawmaker who wrote the law that sent Genarlow Wilson to prison is joining efforts to free the 21-year-old.

Former Rep. Matt Towery said Wednesday he will file papers with the Georgia Supreme Court clarifying the intent of the 1995 Child Protection Act.

Meanwhile, people working to free Wilson will hold a rally Thursday at 12:30 p.m. at the Douglas County Courthouse.

The Rev. Al Sharpton and civil rights veteran Joseph Lowery are scheduled to lead the caravan of demonstrators in support of freeing Wilson, who is serving a 10-year sentence for a teenage sex act.

The Rev. Raphael Warnock of Ebenezer Baptist Church in Atlanta is joining with Sharpton and Lowery and local politicians and other clergy from the church for the rally.

A bond hearing had been scheduled Thursday for Wilson, but a judge canceled the hearing after ruling June 27 that Wilson is ineligible for bond while he appeals his sentence for having consensual oral sex with a 15-year-old girl when he was 17. Wilson is now 21.

The Legislature changed the law to eliminate the mandatory 10-year sentence for aggravated child molestation in such cases, but lawmakers did not make the change retroactive.

The Georgia Supreme Court is to hear the latest appeal in October. Wilson's lawyers had sought to get him released on bond while the appeal moved forward.
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Re:

Postby skibrett15 » Thu Jul 05, 2007 1:38 pm

deerayfan072 wrote:Its impossible for a man to be raped by american law


So you're saying that in none of the 50 states can a woman be criminally charged with raping a man?

I find that hard to believe. (not because I question your word, that just kinda blows my mind a bit.)

:-?[/quote][/quote]

Statutory rape and the like yes, but the normal rape no b/c of the erection part. The women would have to get the guy to have an erection so it basically becomes impossible due to how the statute is written[/quote]
I think you should check your facts.
wikipedia "rape" and you'll see that there are cases of females raping men.
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Re: Re:

Postby deerayfan072 » Thu Jul 05, 2007 1:45 pm

skibrett15 wrote:
deerayfan072 wrote:Its impossible for a man to be raped by american law


So you're saying that in none of the 50 states can a woman be criminally charged with raping a man?

I find that hard to believe. (not because I question your word, that just kinda blows my mind a bit.)

:-?
[/quote]

Statutory rape and the like yes, but the normal rape no b/c of the erection part. The women would have to get the guy to have an erection so it basically becomes impossible due to how the statute is written[/quote]
I think you should check your facts.
wikipedia "rape" and you'll see that there are cases of females raping men.[/quote]

There are as have been changed recently, but i have taken many law classes about this and we were taught a woman cannot rape a man
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