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Originally Posted by ThisTown123
Be honest, would you seriously block or unfriend, even in real life, your friends that you know on Facebook that have lacked empathy towards the victims coming forward decades later? Does it shock you that many are in opposition against those who come forward with their experiences?
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I'm lacking both empathy and sympathy for the supposed "victims" and even more so when they exaggerate their claims.
Quote:
Originally Posted by MinivanDriver
Sexual assault is a terrible crime.
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No one would deny that, but
in re Kavannaugh, there is no sexual battery/assault.
Rape has very specific elements of proof. In a nutshell, rape is the unwanted sexual penetration of any orifice. The act of intercourse need not be completed. The victim needs only to say "No!" once.
When the victim is impaired or unresponsive due to impairment, there is a presumption that all sexual conduct is unwanted. Note that the victim is considered impaired while sleeping, absent alcohol or drugs.
The cause of the victim's impairment is totally irrelevant, except for sentencing.
When the victim's impairment is their own doing, meaning they voluntarily consumed alcohol or drugs to the point of impairment, the perpetrator usually gets a number of years in prison with or without the possibility of parole.
However, in many States, when the perpetrator induces the victim to consume alcohol or drugs to the point of impairment for the express purpose of sexual conduct, or where the victim involuntarily consumes drugs, such as those the perpetrator would put into a beverage for the purpose of impairing the victim, it is considered particularly heinous, and the sentence is justifiably life in prison, with or without the possibility of parole.
And, yes, intent can be known through witness testimony, where the perpetrator told others prior to, or at the party or event, that they intended to get the victim intoxicated in order to engage in sex.
Sexual battery/assault is effectively consensual rape.
In sexual battery/assault, the victim consents to sexual conduct,
but only under coercion or duress.
There is always a relationship at play here.
A minor and their biological, step-, foster-parent or guardian. A minor and their teacher, coach, school administrator or member of the clergy. Any person of any age and a law enforcement agent, and yes, police have been convicted of using their badge and authority to coerce victims into sexual acts.
It extends to the student-professor relationship at university as well as the relationship between a professor and their teaching assistants and research assistants, and the employee-employer relationship, where the victim is under the managerial or supervisory power of a co-worker.
It extends to all professional relationships, such as doctor-patient, therapist-patient, clergy-church member, lawyer-client and many others.
In short, any relationship where the perpetrator has or can exert power, control or authority over the victim.
Concerning Kavannaugh, there was no rape or sexual assault.
At the very least, it was poor judgment exercised by a very young adult at a party, at most it was minor sexual imposition, which is defined by most States as the touching of the victim's erogenous zones for sexual gratification.
Sexual imposition is a low level misdemeanor, and note that nearly all States bar a conviction of sexual imposition solely on the basis of the victim's testimony.
In other words, you need witnesses to corroborate the victim's testimony, or video evidence, or physical evidence of some sort, and without it you can't even bring charges.
Some might suggest sexual harassment, but even that fails, because sexual harassment requires a pattern of behavior, but you need only 2 incidents to establish a pattern.
[quote=MinivanDriver;53172638]I don't believe in a 'boys will be boys' mentality. [quote]
Why not?
People are curious. Boys are people, and they are curious. So are girls, but boys tend to be more aggressive, and that's due in part to the fact that many adult girls not only expect that, but demand it.
However, adults, regardless of their age, should exercise a little more restraint than boys and girls.
Parents could do a much better job teaching their children, but I doubt that will happen since many parents are poor teachers. That pretty much leaves it up to the schools to teach children the proper conduct.
Even so, your Society is largely the problem.
It has devalued and debased sex into meaningless nothingness, while simultaneously glorifying it.
It's very difficult for many people to operate in a Society when receiving so many mixed messages from commercial advertising, television shows, films, music, the internet, and other people around them.
Quote:
Originally Posted by MinivanDriver
Those who commit sexual assault should face severe punishment.
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They often (but not always) do.
A one-off incident isn't pause of concern. It's when there's an established pattern of incidents that people should be very concerned.