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- Newsgroups: talk.rape
- Path: sparky!uunet!usc!zaphod.mps.ohio-state.edu!magnus.acs.ohio-state.edu!usenet.ins.cwru.edu!mrg!rpetsche
- From: rpetsche@mrg.tmc.edu (Rolfe G. Petschek)
- Subject: Re: Rape (what else?)
- Message-ID: <1992Jul22.162749.5818@usenet.ins.cwru.edu>
- Sender: news@usenet.ins.cwru.edu
- Nntp-Posting-Host: mrg.phys.cwru.edu
- Reply-To: rpetsche@mrg.CWRU.EDU (Rolfe G. Petschek)
- Organization: CWRU Physics Department
- References: <1992Jul18.050145.14658@a.cs.okstate.edu> <1992Jul18.100908.8742@uoft02.utoledo.edu> <1992Jul21.143840.22127@usenet.ins.cwru.edu> <1992Jul21.135937.8812@uoft02.utoledo.edu>
- Date: Wed, 22 Jul 92 16:27:49 GMT
- Lines: 57
-
- In article <1992Jul21.135937.8812@uoft02.utoledo.edu> dcrosgr@uoft02.utoledo.edu writes:
- >In article <1992Jul21.143840.22127@usenet.ins.cwru.edu>, rpetsche@mrg.tmc.edu (Rolfe G. Petschek) writes:
- >
- >> 2) the person who submits to sex
- >> b) is forced by force, threat of force or "coercion which would prevent
- >> resistance by of a person of ordinary resolution."
- >>
- >>>Hypo #1. They go into his place, sit on the couch, and he is on top of her.
- >>>He unbuttons her shirt and lays it open. In a trembling voice she
- >>>says a faint 'No.' When he continues, she closes her eyes and tries to imagine
- >>>she is somewhere else.
- >>
- >> 2b? no, I don't think so.
- >
- >Why not. Are you saying no reasonable woman could reach this conclusion?
- >Any women care to differ?
-
- To prove sexual assault by coercion in a court of law is it necessary for
- it to be proven that
-
- 1) The person who submitted to sex was aware of coercion whether or not
- the potential offender was
- 2) That the potential offender was aware of coercion, whether or not the
- person who submitted to sex was also aware thereof
- 3) That both/all parties are aware of significant the coercion.
-
- My favorite here (see e.g. Regina v. Morgan and People v. Evans) is 2.
-
- Would you be comfortable attempting with the above facts to prove that the
- potential offender was cognizant of the fact that he had applied
- "coercion which would prevent resistance by of a person of ordinary
- resolution."? Am I allowed to assume that there are no additional
- elements of coercion and that e.g. other articles of clothing have to be
- removed and are removed without protest, that the woman does not
- physically resist the act of sex, that the man has no reason to suppose
- that the woman is young or mentally incompetent?
-
- Hmm. Might possibly fit this under (misdeamenor) sexual imposition
-
- (1) The offender knows that the sexual contact is offensive to the
- other person, or one of the other persons, or is reckless in that
- regard.
-
- which, (un?)fortunately, requires other evidence than the victim's
- testimony.
-
- >Sure. His threat made her consent unlikely. Of course. The sure cure to the
- >whole problem involves a simple act of bringing her teeth together HARD.
-
- After which he picks up a rock and bashes her skull in. Not always
- practical, that.
- --
- Rolfe G. Petschek Petschek@cwru.bitnet
- Associate Professor of Physics rgp@po.cwru.edu
- Case Western Reserve University (216)368-4035
- Cleveland Oh 44106-7079
-