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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 8:57 PM
Replies (41-50):
rawrmommysaurus
by on Oct. 4, 2012 at 3:30 AM

jaw drop I have no words...

6AM
by on Oct. 4, 2012 at 3:41 AM

:|(

LaughingTattoo
by Member on Oct. 4, 2012 at 7:39 AM

So heres my question, and maybe its already been asked. We recently had a sad case (in my city) where a moms boyfriend raped her 3 month old. He was found guilty. How did this poor woman not get justice? If we go by what the court states in this case, the moms boyfriend didnt "rape" the baby bc it didnt say "no" in the proper way.

kerryket
by Bronze Member on Oct. 4, 2012 at 8:04 AM

Hope the outrage and coverage lead to new laws in Connecticut.

mikiemom
by Ruby Member on Oct. 4, 2012 at 8:35 AM
1 mom liked this

Here let me fix this for you.

What the Fuck, I can't believe this fucking ruling what the fuck is wrong with our fucking justice system.


 

Quoting GotSomeKids:

BEEP, I can't believe this (BEEPing) ruling.  What the (BEEP) is wrong with our (BEEPING) justice system.



Aislinn
by Silver Member on Oct. 4, 2012 at 8:38 AM

 DISGUSTING. We are reverting back to the days where women were worthless pieces of trash the men kick around. Horrifying.. Absolutely horrifying.

Aislinn
by Silver Member on Oct. 4, 2012 at 8:38 AM
1 mom liked this


Quoting mikiemom:

Here let me fix this for you.

What the Fuck, I can't believe this fucking ruling what the fuck is wrong with our fucking justice system.


 

Quoting GotSomeKids:

BEEP, I can't believe this (BEEPing) ruling.  What the (BEEP) is wrong with our (BEEPING) justice system.



 Much better... lol

heavenly1462
by Member on Oct. 4, 2012 at 8:40 AM
2 moms liked this

That is freaking disgusting!
Posted on CafeMom Mobile
GotSomeKids
by Silver Member on Oct. 4, 2012 at 10:41 AM
1 mom liked this

Thanks.  I was just so taken aback by this ruling.  I am really embarrassed/pissed off by our Supreme Court.  I just don't know that I have it in my vocabulary to explain how I feel.

Quoting mikiemom:

Here let me fix this for you.

What the Fuck, I can't believe this fucking ruling what the fuck is wrong with our fucking justice system.


 

Quoting GotSomeKids:

BEEP, I can't believe this (BEEPing) ruling.  What the (BEEP) is wrong with our (BEEPING) justice system.




Woodbabe
by Woodie on Oct. 4, 2012 at 10:44 AM
1 mom liked this

Good thing she wasn't having to prove her rape to get an abortion...

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