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- THE WEEK, Page 26SOCIETYIn Texas, A Grim Question of Survival
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- An accused rapist insists an offered condom implied consent
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- It seemed the classic Catch-22 of rape, with an age of AIDS
- twist: a woman who protects her life by cooperating with her
- assailant -- in this case by offering him a condom -- risks the
- charge that she invited the assault. In Austin, Texas, the first
- grand jury that heard the case against Joel Rene Valdez may have
- concluded just that, refusing to bring charges against Valdez,
- who wielded a knife during the attack. Valdez apparently told
- the police -- and the local media -- that because his alleged
- victim had the presence of mind to provide him with a
- prophylactic in mid-rape, she clearly must have consented to
- sex. It is generally assumed the first grand jury concurred with
- the argument.
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- But the women of Austin would have none of it. As
- demonstrators converged on the courthouse, prosecutors convened
- a second grand jury. This time Valdez was indicted for
- aggravated sexual assault. If found guilty, he could spend the
- rest of his life behind bars.
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