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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
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by on Oct. 3, 2012 at 8:57 PM
Replies (21-30):
TCgirlatheart
by TC on Oct. 3, 2012 at 10:38 PM

 Are you f*cking kidding me! 

~"So if ever a man should ask you for your business or your name, Tell him to go and f*ck himself, tell his friends to do the same.
Because a man who'd trade his liberty for a safe and dreamless sleep, Doesn't deserve the both of them, and neither shall he keep." ~




 

D.O.E.
by on Oct. 3, 2012 at 10:39 PM

omg. only in america. 

that is so fucking disgusting.

how do they even come to that conclusion? sick sick sick

AdrianneHill
by Platinum Member on Oct. 3, 2012 at 10:56 PM
They will likely and hopefully be overturned because it is in defiance of the law as written, ie lack of consent is implied if mentally incapacitated and a mental age of three seems that way.
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glitterteaz
by Ruby Member on Oct. 3, 2012 at 10:59 PM

That is complete BS

parentalrights1
by on Oct. 3, 2012 at 11:13 PM
And I actually just recently heard man say that men are accused of rape without evidence during a bitchfest about all the stupid feminists. Fucking people. What a world where a criminal can be deemed innocent just because people don't feel the victim reacted appropriately
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Bookwormy
by Platinum Member on Oct. 4, 2012 at 12:04 AM
I think that this woman can't give consent if she has the intellect of a 3yo. Of course that's a legal slippery slope too, because what if she wants to have sex at some point. Can she never have consensual sex if she is severely intellectually & physically disabled? Maybe not.

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Bookwormy
by Platinum Member on Oct. 4, 2012 at 12:06 AM
Sadly, not only in the US. Blue Jean Day comes from a French incident I think. Misogyny knows no boundaries.


Quoting D.O.E.:

omg. only in america. 

that is so fucking disgusting.

how do they even come to that conclusion? sick sick sick


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AdellesMom
by on Oct. 4, 2012 at 12:09 AM
1 mom liked this
Okay, I started crying after I read this. I was personally insulted. I didn't kick, bite, or scratch my rapist. I am not disabled. However, I was raped. I know that I was raped, I know that I was violated.

This ruling is sickening and it's disgusting. Sadly, there are many people that agree with this ruling. I am starting to lose the little bit of faith that I had in humanity.

I feel this victim's pain. This is unacceptable and something needs to be done.
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paganbaby
by Teflon Don on Oct. 4, 2012 at 12:27 AM
1 mom liked this

How did anyone find out she was raped?

paganbaby
by Teflon Don on Oct. 4, 2012 at 12:29 AM


Quoting Bookwormy:

I think that this woman can't give consent if she has the intellect of a 3yo. Of course that's a legal slippery slope too, because what if she wants to have sex at some point. Can she never have consensual sex if she is severely intellectually & physically disabled? Maybe not.

Interesting...

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