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OT: Court Rules Severely Disabled Woman Wasn't Raped Because She Didn't 'Bite, Kick or Scratch' Her Assailant

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Court Rules Severely Disabled Woman Wasn't Raped Because She Didn't 'Bite, Kick or Scratch' Her Assailant

Truly outrageous standard.

In a 4-3 ruling Tuesday afternoon, the Connecticut State Supreme Court overturned the sexual assault conviction of a man who had sex with a woman who “has severe cerebral palsy, has the intellectual functional equivalent of a 3-year-old and cannot verbally

communicate.” The Court held that, because Connecticut statutes define physical incapacity for the purpose of sexual assault as “unconscious or for any other reason. . . physically unable to communicate unwillingness to an act,” the defendant could not be convicted if there was any chance that the victim could have communicated her

lack of consent. Since the victim in this case was capable of “biting, kicking, scratching, screeching, groaning or gesturing,” the Court ruled that that victim could have communicated lack of consent despite her serious mental deficiencies:

When we consider this evidence in the light most favorable to sustaining the verdict, and in a manner that is consistent with the state’s theory of guilt at trial, we, like the Appellate Court, ‘are not persuaded that the state produced any credible evidence that the [victim] was either unconscious or so uncommunicative that she was physically incapable of manifesting to the defendant her lack of consent to sexual intercourse at the time of the alleged sexual assault.’

According to the Rape, Abuse, and Incest National Network (RAINN), lack of physical resistance is not evidence of consent ,as “many victims make the good judgment that physical resistance would cause the attacker to become more violent.” RAINN also notes that lack of consent is implicit “if you were under the statutory age of consent, or if you had a mental defect” as the victim did in this case.

Anna Doroghazi, director of public policy and communication at Connecticut Sexual Assault Crisis Services, worried that the Court’s interpretation of the law ignored these concerns: “By implying that the victim in this case should have bitten or kicked her assailant, this ruling effectively holds people with disabilities to a higher standard than the rest of the population when it comes to proving lack of consent in sexual assault cases. Failing to bite an assailant is not the same thing as consenting to sexual activity.” An amicus brief filed by the Connecticut advocates for disabled persons argued that this higher standard “discourag[ed] the prosecution of crimes against persons with disabilities” even though “persons with a disability had an age-adjusted rate of rape or sexual assault that was more than twice the rate for persons without a disability.”

http://www.alternet.org/civil-liberties/court-rules-severely-disabled-woman-wasnt-raped-because-she-didnt-bite-kick-or
Posted on CafeMom Mobile
by on Oct. 3, 2012 at 9:05 PM
Replies (41-43):
SallyMJ
by Ruby Member on Oct. 6, 2012 at 5:28 PM

Found more info - This is unbelievable - seems other sites didn't pick up b/c story new, trial recent. Hopefully can apppeal - this is obscene.

Quoting Kate_Momof3:

NBC Connecticut is my local affiliate and it's the best local news team in the state.

Quoting SallyMJ:

That "NBC Connecticut" is not our regular NBC news. Look at all the citations online. None of them are for reputable news sources. If it were true, would be on cnn, abc, nbc, cbs, ny times, la times, etc, etc,Not enought facts in the story. Does not pass the sniff test.  I got caught up myself until I tried to corroborate the story. Nothing.


Quoting shimamab:

It's on page 2 of this thread. I can't make it clicky from mobile so you have to copy/paste it. Was really hoping you we're right about the hoax. :(



Quoting SallyMJ:

Where's your link. I can't find it myself online.



Quoting shimamab:

I posted a link from NBC Connecticut. That's a tabloid to you?





Quoting SallyMJ:

It's definitely a hoax. They are links to a tabloid-type website.

As in my main post - this story is only in special interest and tabloid-type websites. Something this outragous would be listed on regular news websites. It's not. My hoax-meter has been set off at least 2-3 times on this site in the past week.  It's not true.  Papers can be manufactured (eg., letter quoted in Dan Rather's report which lost him his job).




Quoting celestegood:

 Links are being posted, and they say its not a hoax.  Which is it?




Quoting SallyMJ:




HOAX - See my earlier post.




Quoting celestegood:




 That is messed up.








 





Kate_Momof3
by Platinum Member on Oct. 6, 2012 at 5:40 PM

Agreed. Pretty horrific.

Too bad so many people are preoccupied with Honey Boo Boo to care.

Quoting SallyMJ:

Found more info - This is unbelievable - seems other sites didn't pick up b/c story new, trial recent. Hopefully can apppeal - this is obscene.

Quoting Kate_Momof3:

NBC Connecticut is my local affiliate and it's the best local news team in the state.

Quoting SallyMJ:

That "NBC Connecticut" is not our regular NBC news. Look at all the citations online. None of them are for reputable news sources. If it were true, would be on cnn, abc, nbc, cbs, ny times, la times, etc, etc,Not enought facts in the story. Does not pass the sniff test.  I got caught up myself until I tried to corroborate the story. Nothing.


Quoting shimamab:

It's on page 2 of this thread. I can't make it clicky from mobile so you have to copy/paste it. Was really hoping you we're right about the hoax. :(



Quoting SallyMJ:

Where's your link. I can't find it myself online.



Quoting shimamab:

I posted a link from NBC Connecticut. That's a tabloid to you?





Quoting SallyMJ:

It's definitely a hoax. They are links to a tabloid-type website.

As in my main post - this story is only in special interest and tabloid-type websites. Something this outragous would be listed on regular news websites. It's not. My hoax-meter has been set off at least 2-3 times on this site in the past week.  It's not true.  Papers can be manufactured (eg., letter quoted in Dan Rather's report which lost him his job).




Quoting celestegood:

 Links are being posted, and they say its not a hoax.  Which is it?




Quoting SallyMJ:




HOAX - See my earlier post.




Quoting celestegood:




 That is messed up.








 






SallyMJ
by Ruby Member on Oct. 6, 2012 at 6:24 PM

That is a good description of what is wrong with society - that in many ways it's not social - we care more about a ridiculous "reality show" spoiled girl, than a disabled woman assaulted in every way who can't speak for herself. Wasn't it her mom's boyfriend, or ex-boyfriend (hopefully I'm not combining stories)?

Quoting Kate_Momof3:

Agreed. Pretty horrific.

Too bad so many people are preoccupied with Honey Boo Boo to care.

Quoting SallyMJ:

Found more info - This is unbelievable - seems other sites didn't pick up b/c story new, trial recent. Hopefully can apppeal - this is obscene.

Quoting Kate_Momof3:

NBC Connecticut is my local affiliate and it's the best local news team in the state.

Quoting SallyMJ:

That "NBC Connecticut" is not our regular NBC news. Look at all the citations online. None of them are for reputable news sources. If it were true, would be on cnn, abc, nbc, cbs, ny times, la times, etc, etc,Not enought facts in the story. Does not pass the sniff test.  I got caught up myself until I tried to corroborate the story. Nothing.


Quoting shimamab:

It's on page 2 of this thread. I can't make it clicky from mobile so you have to copy/paste it. Was really hoping you we're right about the hoax. :(



Quoting SallyMJ:

Where's your link. I can't find it myself online.



Quoting shimamab:

I posted a link from NBC Connecticut. That's a tabloid to you?





Quoting SallyMJ:

It's definitely a hoax. They are links to a tabloid-type website.

As in my main post - this story is only in special interest and tabloid-type websites. Something this outragous would be listed on regular news websites. It's not. My hoax-meter has been set off at least 2-3 times on this site in the past week.  It's not true.  Papers can be manufactured (eg., letter quoted in Dan Rather's report which lost him his job).




Quoting celestegood:

 Links are being posted, and they say its not a hoax.  Which is it?




Quoting SallyMJ:




HOAX - See my earlier post.




Quoting celestegood:




 That is messed up.








 







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