Brock Turner's Picture and the Definition of Rape
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16-09-2017, 12:26 AM
RE: Brock Turner's Picture and the Definition of Rape
(15-09-2017 02:02 PM)SYZ Wrote:  
(15-09-2017 01:46 PM)RobbyPants Wrote:  Isn't this the same case where the judge said that a full sentence would be too hard on the kid?

Yep. Aaron Persky of the Santa Clara Superior Court believed Turner’s side of the story, that the victim gave Turner consent to have sexual contact with her. Persky also took into consideration, among other factors, that Turner was remorseful, was not previously convicted of any crimes, was young, was not armed during the crime, that he would comply with the terms of probation, and he would not be a danger to others if not imprisoned. He said "a prison sentence would have a severe impact and adverse collateral consequences on Turner".

And although Turner was convicted by a unanimous jury, Persky ultimately decided his punishment: six months in county jail and three years of probation—far less than the six years prosecutors had asked for, in line with the two-year minimum guideline for each of the three felony counts.

The US Department of Justice defines rape as the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. The crimes for which Turner was convicted all comply with these definitions, which makes his 90 day's incarceration totally incongruous.

Given consent? While unconscious? Shocking

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16-09-2017, 06:00 AM
RE: Brock Turner's Picture and the Definition of Rape
(15-09-2017 12:51 PM)SYZ Wrote:  And finally, what if Brock Turner had been a black youth? I know it's purely hypothetical, but would an African-American have walked away with a 90-day sentence for raping a white girl? I think not.

No
I dunno.

How much time did Michael Jackson do?

..

In the black/ white vs rich/ poor battle - the rich are far less likely to see prison time than the black.

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16-09-2017, 06:01 AM
RE: Brock Turner's Picture and the Definition of Rape
Brock Turner?

It's a name for a comic character.

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16-09-2017, 06:22 AM
RE: Brock Turner's Picture and the Definition of Rape
(16-09-2017 06:01 AM)Banjo Wrote:  Brock Turner?

It's a name for a comic character.

Eddie Brock a.k.a Venom

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16-09-2017, 06:31 AM
RE: Brock Turner's Picture and the Definition of Rape
Agh this case pisses me off.

He violates someone terribly, scarring them for life, and the judge is concerned about being too harsh on him?

Fuck that noise, this 'kid' shouldn't see sunshine for a long time.

To borrow Muff's image:

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18-09-2017, 11:43 AM
Brock Turner's Picture and the Definition of Rape
(16-09-2017 12:03 AM)DLJ Wrote:  The use of his picture in the book when he's not technically a rapist?

Not technically a rapist? By whose standards? By the legal standards of the state of California he is.
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18-09-2017, 11:47 AM
RE: Brock Turner's Picture and the Definition of Rape
(18-09-2017 11:43 AM)Rachel Wrote:  
(16-09-2017 12:03 AM)DLJ Wrote:  The use of his picture in the book when he's not technically a rapist?

Not technically a rapist? By whose standards? By the legal standards of the state of California he is.

I'm not an American so I bow to your superior knowledge.

I was going by what was noted in the linked article:

Quote:As Slate's Christina Cauterucci points out, "in California, a charge of rape requires forcible sexual intercourse, which Turner did not commit".

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18-09-2017, 12:19 PM
RE: Brock Turner's Picture and the Definition of Rape
(18-09-2017 11:47 AM)DLJ Wrote:  
(18-09-2017 11:43 AM)Rachel Wrote:  Not technically a rapist? By whose standards? By the legal standards of the state of California he is.

I'm not an American so I bow to your superior knowledge.

I was going by what was noted in the linked article:

Quote:As Slate's Christina Cauterucci points out, "in California, a charge of rape requires forcible sexual intercourse, which Turner did not commit".

Quote:Penal Code 261 PC, California's rape statute, broadly defines the crime of "rape" as nonconsensual sexual intercourse accomplished by means of threats, force, or fraud, or with a victim who is unconscious or incapable of consenting.1 This kind of rape is a California sex crime in and of itself.
California "Rape" Laws Explained | Penal Code 261 pc
http://www.shouselaw.com/rape.html

Quote:Penal Code 261 PC, California's rape statute, broadly defines the crime of "rape" as nonconsensual sexual intercourse accomplished by means of threats, force, or fraud, or with a victim who is unconscious or incapable of consenting.1 This kind of rape is a California sex crime in and of itself.
When many people think of rape, the first thing that comes to mind is rape committed by means of physical force. But other, less obvious situations can lead to California rape charges too. These include:
A man having sexual intercourse with a woman who is passed out drunk,
A doctor "tricking" his female patient into having sex with him by telling her it's the only way to cure a particular illness, and
A police officer telling a woman that he has pulled over for DUI that he will let her go if she has sex with him.
But there are also a variety of rape-related crimes that fall under the umbrella of California rape law. These include:
Penal Code 262 PC "Spousal Rape",
Date Rape,
Penal Code 261.5 PC "Statutory Rape",
Penal Code 266c PC "Oral Copulation by Force", and
Penal Code 289 PC "Forcible Penetration with a Foreign Object."
The punishment, penalties, and stigma that flow from a California rape conviction can be severe. The punishment for rape in California includes three (3), six (6) or eight (8) years in California state prison.2 And if the alleged victim was a minor, the minimum sentence is seven (7) years...and the maximum is thirteen (13) years.3
Unfortunately, rape is one of the crimes for which many innocent people get wrongly accused. A number of legal defenses can help you beat the charges when you find yourself in this situation. These include taking the position that:
The accuser made up false accusations (a very common scenario in California rape cases),
You had an honest and reasonable belief that the accuser consented to intercourse,
Whatever physical contact took place, it fell short of actual intercourse,
The evidence is insufficient, or
You are the victim of mistaken identity.
Regardless of the circumstances, it is advisable to consult with a California criminal defense attorney immediately if someone has made an accusation against you.  Often times a skilled attorney can investigate and discredit the allegations before the prosecuting agency ever files formal charges.

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18-09-2017, 12:24 PM
RE: Brock Turner's Picture and the Definition of Rape
(18-09-2017 12:19 PM)Anjele Wrote:  
(18-09-2017 11:47 AM)DLJ Wrote:  I'm not an American so I bow to your superior knowledge.

I was going by what was noted in the linked article:

Quote:Penal Code 261 PC, California's rape statute, broadly defines the crime of "rape" as nonconsensual sexual intercourse accomplished by means of threats, force, or fraud, or with a victim who is unconscious or incapable of consenting.1 This kind of rape is a California sex crime in and of itself.
California "Rape" Laws Explained | Penal Code 261 pc
http://www.shouselaw.com/rape.html

Quote:Penal Code 261 PC, California's rape statute, broadly defines the crime of "rape" as nonconsensual sexual intercourse accomplished by means of threats, force, or fraud, or with a victim who is unconscious or incapable of consenting.1 This kind of rape is a California sex crime in and of itself.
When many people think of rape, the first thing that comes to mind is rape committed by means of physical force. But other, less obvious situations can lead to California rape charges too. These include:
A man having sexual intercourse with a woman who is passed out drunk,
A doctor "tricking" his female patient into having sex with him by telling her it's the only way to cure a particular illness, and
A police officer telling a woman that he has pulled over for DUI that he will let her go if she has sex with him.
But there are also a variety of rape-related crimes that fall under the umbrella of California rape law. These include:
Penal Code 262 PC "Spousal Rape",
Date Rape,
Penal Code 261.5 PC "Statutory Rape",
Penal Code 266c PC "Oral Copulation by Force", and
Penal Code 289 PC "Forcible Penetration with a Foreign Object."
The punishment, penalties, and stigma that flow from a California rape conviction can be severe. The punishment for rape in California includes three (3), six (6) or eight (8) years in California state prison.2 And if the alleged victim was a minor, the minimum sentence is seven (7) years...and the maximum is thirteen (13) years.3
Unfortunately, rape is one of the crimes for which many innocent people get wrongly accused. A number of legal defenses can help you beat the charges when you find yourself in this situation. These include taking the position that:
The accuser made up false accusations (a very common scenario in California rape cases),
You had an honest and reasonable belief that the accuser consented to intercourse,
Whatever physical contact took place, it fell short of actual intercourse,
The evidence is insufficient, or
You are the victim of mistaken identity.
Regardless of the circumstances, it is advisable to consult with a California criminal defense attorney immediately if someone has made an accusation against you.  Often times a skilled attorney can investigate and discredit the allegations before the prosecuting agency ever files formal charges.

So you're saying that Christina Cauterucci is talking shite. That's a relief.

I've never read Slate. Is this error indicative of their journalistic rigour?

Huh

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18-09-2017, 12:28 PM (This post was last modified: 18-09-2017 01:13 PM by Anjele.)
RE: Brock Turner's Picture and the Definition of Rape
(18-09-2017 12:24 PM)DLJ Wrote:  
(18-09-2017 12:19 PM)Anjele Wrote:  

So you're saying that Christina Cauterucci is talking shite. That's a relief.

I've never read Slate. Is this error indicative of their journalistic rigour?

Huh

It's an error or a spin on the law...not unlike lawyers do depending on which slant is in their client's favor. I also do not read Slate. I figured checking the actual law was the better choice.

As for Brocky Boiz picture put near the definition of rape I think it's appropriate since it shows that all (most) rapists don't look like rapists/criminals.

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