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Exile on Waveland

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Everything posted by Exile on Waveland

  1. Exile on Waveland
    I know that the State/prosecutors generally consider this to be a stumbling block, and take steps to mitigate it. That's why, with any good prosecutor, they'll introduce testimony about the rarity of physical damage (even when it hasn't been, and/or won't be, affirmatively asserted by the defendant). That's the only reason I actually know about this rarity, in the first place. And, I have to admit, without having heard this testimony constantly, I likely would have been initially somewhat skeptical of rape/molest* claims without physical damage. It's a good thing that the human body can absorb/heal but it does make these cases harder. *Just to clarify, I specifically meant I would have been skeptical in cases involving kids, not adults.
  2. Exile on Waveland
    Yes. "Rape," or its semantic equivalent, requires penetration in every statute I'm aware of. And, trying to avoid being too graphic, that is often very hard to prove other than "he said, she said" scenarios--unless there is seminal fluid present (which, obviously, use of a condom would usually prevent). Even in cases of molestation of children, there is rarely evidence of physical damage (not having a science/biology background at all, this was always surprising to me--I had just assumed that physical damage would be a fait accompli in such scenarios. Doctor testimony usually puts physical damage appearing in only around 5-10% of cases).
  3. Exile on Waveland
    Sexual assault would be much broader, no? I would think so. Rape, I believe, amounts to forced intercourse in the eyes of the law. Sexual assault would basically cover everything else. But hey, let's put out the lawyer-signal. Answered...with the cliche "yes, but..." lawyer answer. Generally speaking, sexual assault is a broader term and would actually encompass rape as well. I'm sure that is the case here--maybe unable to prove sexual intercourse, but can prove biting was violent and sexual in nature, or whatever else happened. But some states have abandoned the term "rape" completely for "sexual assault" (a mistake in my opinion--a linguistic white-washing (though I believe it was the progressives that desired this change?)), some use "sexual assault" for any crimes with sexual motivation, etc. Rape laws have changed quite a bit--and quite recently. At common law, rape was forcible sexual intercourse against the women's will (with consent presumed for married couples). Obviously, there are significant problems with that. So there have been many, and ongoing, reforms for sex crime terminology. Heck, it was just last year that Indiana amended its rape definition to include rapes of men (previously a man couldn't be "raped," it was instead "criminal deviate conduct") (because rape was specifically defined by statute as male/female sex organ)).
  4. Exile on Waveland
    Responding to tangent: http://indianalawblog.com/archives/2015/08/ind_law_more_on_409.html Which includes this gem, from a judge:
  5. Exile on Waveland
    I snipped it for effect, not because I thought it was all you care about. It was a very strange and completely inaccurate statement. I think most guys live their swinging singles time with the thought in the back of their head that one word from her could ruin your life. But it's mostly an unfounded fear. and at the same time most girls live their lives with the knowledge that there are a bunch of rapists out there that never get caught or punished. The laws are not tilted in favor of women when it comes to the crime of rape. Right. "He said, she said" crimes are about the most difficult to prove for the State in criminal trials. Without looking at studies, anecdotally, there are a lot more guilty rapists that never get charged (even with an initial report being made) than innocent men being convicted of rape. Partially that's because of the inverse of what squally is talking about--where both parties are drunk, you're going to find many juries disinclined to convict.
  6. Exile on Waveland
    A rape kit is pretty incriminating It would likely show, at most, that a sexual encounter occurred between the two. It's pretty rare that any actual physical harm/damage is shown.
  7. Exile on Waveland
    This might be a strong argument for a regular NBA game. But when the other team's fifth best player is Kobe Bryant, I'm thinking it matters quite a bit.
  8. Exile on Waveland
    :yahoo: :yahoo: I kept figuring Kane wouldn't be held scoreless this series...great timing (again!).
  9. Exile on Waveland
    I have been to every game this series. But I won't be dancing on any dugouts.
  10. Exile on Waveland
    Lots of Cubs fans there again today. Been a fun series so far; I can tell you most Nats fans were kind of scoffing at the Cubs competing with them in DC (stupidly, sure).
  11. Exile on Waveland
    This rain better stop; I have tickets.
  12. Exile on Waveland
    Love this team. Wow.
  13. Exile on Waveland
    Can't imagine you'll find someone here that says anything other than "corrupt."
  14. Exile on Waveland
    Is that a positive expletive? I don't know why it'd be a negative one. boobies \:D/ That's a great get. Will be interesting to see how Painter integrates him with the Hammons (I see far less high school hoops than I used to, so not sure how comfortable he'll be high-low as anything other than the low). Purdue should be able to brutalize most teams inside.
  15. Exile on Waveland
    It's about time Crean imposed some real sanctions.
  16. Exile on Waveland
    A little late, but attended the Caps-Bruins game Wednesday night. Was my first ever NHL game in-person. Lot of fun. Significantly better than regular season NBA games, despite my lack of rooting interest.
  17. Exile on Waveland
    It's the same as every other college basketball thread in NSBB's history Nah, this was even more irrational.
  18. Exile on Waveland
    What the heck happened to this thread?
  19. Exile on Waveland
    Fouling was correct there (maybe not who was fouled). If Duke runs it down and scores the game is over. Even if they don't score, fifteen seconds and down three isn't an enviable position (especially for Wisconsin against this Duke defense). You extend the game as much as possible. It's pretty basic.
  20. Exile on Waveland
    I'm disappointed in Hoetzel's departure. He showed a significant amount of promise this year, I thought. Stanford Robinson should have been kicked off the team in the off-season.
  21. Exile on Waveland
    Lol I forgot how much Andy hates Thabeet.
  22. Exile on Waveland
    The full quota was filled in the Liverpool match. :-"
  23. Exile on Waveland
    Yeah, I am certainly not about to argue the Big Ten is great this year. It's not. I do think, however, it's pretty deep with solid, quality teams. No, I don't think Ohio State is the fourteenth best team in the nation. I think they are likely underrated in national opinion, though.
  24. Exile on Waveland
    Michigan is one of the teams in the Big Ten ranked below No. 87 in Pomeroy (now No. 89). So they were already counted as one of the four/five bad teams. (As for six being pretty terrible, the sixth would be Minnesota (No. 65).) Far be it from me to defend stringently defend Purdue in general, but teams can improve. They're up to No. 44. They're won seven of eight. Included in those are home and road wins against Indiana (No. 51), and home wins against Ohio State (No. 14) and Iowa (No. 32). December is a long time ago now.
  25. Exile on Waveland
    Only four Big Ten teams are ranked below No. 87 in Pomeroy. Nine are ranked in the top-64. The Big Ten has fourteen teams. You have a strange definition of "half."
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