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The prosecutor chose to charge the 3rd degree criminal sexual assault, a felony, rather than 5th degree, a gross misdemeanor with a much lesser punishment.
Women don't consent by signing a form, or even verbally in most cases and it is a very fleeting thing. She consented when she found him acceptable at the time to go home with. Women even very intoxicated have an uncanny ability to reject males that don't past muster, and are experts on the implications of leaving public with a male in a situation like this.
Taking advantage of someone who is incapacitated is rape.
Many men are pro rape - that should be a shocking statement, but given that men commit most of the rapes that happen in life - and rape is a common crime, and everyone is aware of roofies and the fact you cannot leave a drink for a minute without some rapist slipping something in it, etc., etc.
When are decent men going to stand up against rape?
Well, I wouldn't blame a victim for how she was dressed, but I'll get to that in a minute. However, if you put yourself in a vulnerable situation, as I posed in another post, are you not partially responsible for what happens to you? In an ideal world, it would be wonderful if all men were gentlemen, and, seeing a drunken fool of a woman would help get her home safely. Even if just to call her an Uber and pay for the cab ride home. But this is far from an ideal world.
It's like when I lived in LA and breast augmentation was the big thing. Women have this procedure.....they get giant boobs, then they 'prance' (and yes, I do mean prance) around, in tight tops with cleavage down to there.....and God forbid a man stare at them. Men stare at boobs. Not that you should HAVE to cover yourself up, but if you are going to put yourself on display, MEN ARE GOING TO LOOK. It's what men do. And that could be a whole 'nother conversation.
I'll use the Cardi B Grammies performance as another example. You could call this art, but is there any denying that this was meant to 'tittilate.' (pardon the pun). On a bed, simulating sex, with the lyrics to WAP...and this was done by a WOMAN!!! I guess men aren't supposed to look or become turned on by this.
And not that this excuses a man from taking advantage of a woman in a vulnerable situation.
Sodom meet Gomorrah. This society needs a course correction (good luck with that).
So, a man is responsible for his behavior, but a woman is also responsible for her behavior?
Not gonna work.
The canned response to that is always, "So you're saying she wanted to be raped?"
Rule 1: Women must never be held accountable for their actions.
A lot of people are missing the point here: this is a matter of bad law on part of the prosecution. It would be like someone stealing a bike and being charged with grand theft auto. Yes, the perpetrator is likely guilty of something, but not the specific charge that was brought brought court.
If I get drunk of my own volition and you steal my credit cards, did you rob me?
Of course you did.
It's always illegal to steal my credit cards.
Sex is different.
Sex is not always illegal.
In fact, the only difference between legal sex and rape is the mindset of the female at the time the act takes place.
And since there is no way to objectively prove the sex was not consensual, there is no way to objectively prove it was consensual.
Exactly right, you have to look at the situation and circumstance. A female gets herself drunk, agrees to go home with a male, I'm going to have to conclude she consented and would have consented at that moment and time if she hadn't "passed out" as far as legal prosecuting is concerned. Personally, I might think the guy didn't act ethical or took advantage but that's not the question at hand.
Gay guy here. I never understood why straight guys get such a hard-on with drunk and passed out women. Make you guys feel like real men? LOL.
LOL A blow-up doll would work just as well.
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A blow-up doll would work just as well. 
