(Untitled)

[fianasylph]

two substantive posts in as many days.  Aren't you lucky.

Today's offender is a judge in Nebraska.  First, lets start with some definitions.

Murder: killing someone who presumably didn't want to be killed.  Theft: taking something from someone who didn't want to give it to you. Rape: having sex with someone who didn't want to have sex with you.

Comments

[vigilantics]

I don't understand how this works... in a case the prosecution has to read off the charges and the defense has to rebut the charges. The charge is rape. Is this defendant being charged with "sex in the first degree" or something?

On the other hand: "Bowen met Safi at a Lincoln bar on Oct. 30, 2004. It is undisputed that they shared some drinks, and witnesses saw them leaving together. Bowen claims not to have left willingly and has no memory of the rest of that night. She claims to have woken up naked the next morning with Safi atop her, 'having sexual intercourse with her.' When she asked him to stop, he did."

From that it seems possible that she just drank too much and blacked out, and that he thought the sex was consensual. I've always been a little bit wary of the 'If you're drunk you can't consent.' line. If both participants are drunk then are they both rapists? Doesn't make the language ruling less stupid, but it would make it slightly less nefarious.

[agentseduction]

I don't know if it's relevant or not, but geographical locations are also important to consider when it comes to these types of things. Some states are more liberal, some are more conservative, some are stupid. In this case, (I don't mean to generalize), but Nebraska is stupid.

[fianasylph]

Your point is entirely true, and that what is depressing. Rule of Law and the idea of a fair and balanced trial shouldn't fall along red state blue state lines. I would like to think that whether conservative or liberal, you would recognize the problem the defendant has if they are not allowed to mention the name of the charge, regardless if it is date rape, alcohol induced fuzzy rape, or stranger in the bushes rape.

Unfortunately, religious bias and partisan ideology has infested the allegedly rational and non partisan legal system. I doubt its anything new, but still.