Just wanted to give '71 another reason to complain about the Honor Code

[MartyFunkhouser]

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[falafel]

That nuance is easy, you draft it just like Utah which is the actor is aware the victim is unconscious.

If he thrusts a couple of times after knowing she is unconscious, he is a rapist.

If he has sex with her for 5 minutes conscious and then 5 unconscious, he is a rapist if he knew she was unconscious during anytime during that 5 minutes.

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Ha! This is hilarious. Thanks for the laugh.

[old_gregg]

That nuance is easy, you draft it just like Utah which is the actor is aware the victim is unconscious.

If he thrusts a couple of times after knowing she is unconscious, he is a rapist.

If he has sex with her for 5 minutes conscious and then 5 unconscious, he is a rapist if he knew she was unconscious during anytime during that 5 minutes.

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ok but can you respond to the butt funnel hypo please?

[Nakoma]

No one is saying this is easy. Also, I have not argued for a bright line rule as indicated by falafel (with the exception of a rule that unconscious = rape).

You will always have the he said/she said problem that makes prosecuting rapes so difficult.

Using Utahs rape statute as a guide, I'd propose adding to the definition

"The actor knows that as a result of intoxication the victim is at the time of the act incapable either of appraising the nature of the act or of resisting it."

I'm not asking for a if she has this bac, it is a rape, but that if because of intoxication she is unable to consent, it is a rape.





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Essentially, the burden of proof beyond a reasonable doubt is shifted from the prosecution and the burden of proof rests upon the "actor" to establish his innocence by explaining to prosecutors why the alleged victim was capable of giving consent? How would the actor know the alleged victim was so impaired by intoxication that she couldn't legally consent? Especially if he's been drinking as well. And to avoid prosecution is the actor required to waive his 5th amendment right to remain silent by having to explain to law enforcement what happened and why he thought his partner was capable of giving consent?

[MartyFunkhouser]

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[MartyFunkhouser]

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[falafel]

Mind letting me know what is hilarious?

By the way, under Utah law you committ a rape in either scenario. More states are moving towards this approach.

"the actor knows the victim is unconscious, unaware that the act is occurring, or physically unable to resist."

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Does Utah have the two thrust language? I heard states are moving toward a zero-thrust policy.

[old_gregg]

Does Utah have the two thrust language? I heard states are moving toward a zero-thrust policy.

what if one thrust is all that's necessary? is that rape?

[Northwestcoug]

I have not seen enough spring break videos to even know about the existence of butt funnels...

[falafel]

what if one thrust is all that's necessary? is that rape?

What part of ZERO-THRUST do you not understand?

[Jarid in Cedar]

What if the sex is so great that the woman(or man) passes out for a few minutes?

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[old_gregg]

What part of ZERO-THRUST do you not understand?

sorry i just can't escape this rape culture mentality

[MartyFunkhouser]

....

[falafel]

Tell me how I'm reading the statute incorrectly?

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Who knows, I haven't read the statute.

[MartyFunkhouser]

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