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  • SATURDAY JUNE 2 2007 2:00 PM

Maybe She Wanted to be Raped

Tags: rape, consent



You may or may not have heard the story about the UK barrister who argued that a 13-year-old girl was "glad of the attention" when she was gang-raped by three boys -- because, after all, she was fat.

Well, now we've got a California DA who refuses to prosecute a gang rape, apparently because

it would be difficult to prove the high school student was too drunk to consent.


Now, admittedly witness testimony can be challenged. But does this sound like a hard-to-prove case?

"We heard and saw a girl tapping on this door in the kitchen saying 'There is a girl in there with eight guys," explains Chief Elk.

They say they tried to get into the room, but were confronted by a baseball player.

"[He said] 'Mind your own business; she wants to be in here' and slams the door," says Grolle.

What they saw through a crack in the door horrified them.

"When I looked in, I saw about ten pairs of legs surrounding a girl, lying on the mattress on the floor and a guy on top of her with his pants down and his hips thrusting on top of her," recall Chief Elk. "And when I saw that I knew immediately something wasn't right. It just didn't look right."

"I saw that this young girl did not want to be in there, and that's when we just went 'We're getting this girl out of there,'" says Grolle.

April and Lauren -- along with a third soccer player named Lauren Breayans -- broke down the door and were shocked with what they found.

"This poor girl was not moving. She had vomit dribbling down her face. We had to scoop vomit out of her mouth [and] lift her up. Her pants were completely off her body," says Chief Elk. "She had her one shoe one, her jeans were wrapped around one of her ankles and her underwear was left around her ankles. To the left of the bed there was some condom thrown on the ground."

"When they lifted her head up, her eyes moved and she said 'I'm sorry,'" says Grolle. "One of the guys who was in the room said 'This is her fault. She got drunk and she did this to herself.'"


Forensic tests determined that the vomit wasn't hers. Bet she consented to that too.

The 17-year-old girl Monday gave Grolle and Chief Elk Saint Christopher Medals, which they were wearing Tuesday night.

"We were basically her protectors that night and she gave these to us to represent that -- although there is no way to compare what happened that night -- she is grateful that we are her voice and speaking for her about what we saw that night," says Chief Elk.


The victim isn't capable of testifying, on her own behalf, that she didn't consent to being gang-raped and vomited on?

I'm not a lawyer. And I accept -- celebrate, even -- that DAs and judges and juries have to operate within the boundaries of reasonable doubt. But in what fucking universe is it "reasonable" to believe that a young woman consents to being raped with a pool cue or vomited on? That a 13-year-old would agree to fuck three guys because, you know, she's fat and girls nowadays dress slutty?

Anyone who thinks that shit is reasonable is a suck fuck and should be locked up themselves, as a preventative measure.

In any discussion of a case like this, some asshole will argue that hey, some chicks are kinky. And since we also know that kinky chicks are lying sluts, it's totally reasonable to believe that a girl would not only consent to this crap, but then file a false rape report afterwards.

The motives of guys who would fuck a woman in such a state that she'd "consent" to such a thing, on the other hand, never seems to come up.

Bitch_PhD knows some guys and girls who are into pretty kinky shit--and for the record, people like that believe more strongly in the importance of explicit consent than the general population. As they damn well should.

 

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Comments
Heathen_Dave

Heathen_Dave

Birmingham, AL
July 2005

JUN 02, 2007 05:16 PM

I bet the DA is a little scared to go ahead with this because of the distrust left in the air following the Duke case.

Ah Justice!

almostfamous

almostfamous

NEWSWIRE

United Kingdom

JUN 02, 2007 05:18 PM

moderncutthroat said:

almostfamous said:

Ascanius said:
I don't know how it works in the UK, but in all the US law I'm familiar with if you are drunk, and it sounds like this girl was certainly drunk, you cannot actively consent to sex. That's not the hard part to prove.



So if you have one drink you can't consent to sex?

What if you consent and then get drunk?



She was so drunk that she could barely MOVE. One drink does not equal shitfaced and you fucking know it. Stop being a smartass.

The Law in the United States says that if you were so drunk or drugged that you passed out and are unable to consent, it was rape. Both people must be conscious and willing participants.

The key question is: did she consent or not? Regardless of whether you were drunk or sober, if the sex was nonconsensual, it is rape.

That is the law and I am confused to why this isn't being prosecuted. I'm going to ask my lawyer family for answers.

Oh and it still shocks me that people think that Kinky people need alcohol to get their kink on. Part of the fun of doing things outrageous is that you are CONSCIOUS while doing it. I mean whats the point of being gang-banged if I don't have the memories later on.



You might want to get a grasp on the point before you start calling people smartasses.

The point being, how many drinks counts as drunk? If the law is not simply "you've had a drink so you can't consent" then there's a grey area. Your interpretation of drunk and mine will be different. It's easy to prove she'd consumed alcohol, it's near impossible to prove she had consumed so much alcohol that at the time sex was initiated - a point at which none of the people that got involved to stop it were present - she was unable to give informed consent. She could have started fucking and then downed a quart of vodka, you just don't know, and you just can't prove it if someone claims that's what happened.

So go talk to your lawyer family, who will most likely be in possession of no more facts on the case than you or I, and certainly won't be in possession of more facts than the DA that had to decide whether or not to go ahead with this case, and see if they can tell you exactly why it's not going ahead. Good luck. If they tell you anything other than, well, this shit is tough to prove and they don't waste their time with things they don't think they have a hope of getting a conviction on, I'd love to hear it.

SocietysPliers

SocietysPliers

Ocala, FL
October 2004

JUN 02, 2007 05:23 PM

bugbue

bugbue

Beaverton, OR
August 2006

JUN 02, 2007 05:29 PM

I have no excuses for the rapists but I wonder about the 13 year old boys in this case and the pressures they feel to "get laid and impress their buddies." I also question influences such as porn or gang rape porn videos. Not that any of this shit makes them do it and they should be punished but this world has all kinds of bad examples that screw up impressionable minds.

My fantasy life would be to drop out of society, become a vigilante, and kill fuckers like this. No charge!

almostfamous

almostfamous

NEWSWIRE

United Kingdom

JUN 02, 2007 05:32 PM

Jenni said:

almostfamous said:

Ascanius said:
I don't know how it works in the UK, but in all the US law I'm familiar with if you are drunk, and it sounds like this girl was certainly drunk, you cannot actively consent to sex. That's not the hard part to prove.



So if you have one drink you can't consent to sex?

What if you consent and then get drunk?


My impression is that the laws are quite strictly enforced in Britain - even if you just had one drink, it would be assumed no consent could be given, as the courts are trying new methods to raise their absimal 3% conviction rate for rape.

Also, its not possible to 'consent and then get drunk', as consent always takes place immediately before and during the act of sex. If you consented a few hours ago, but then get drunk and say stop, that will always - and has always been - rape.

Morgan said:
This makes me want to cry and fucking punch someone at the same time. I hate that this kind of thing happens in our world.


I feel the same way.



Your impression is wrong, as far as I'm aware. I know it has previously been ruled that if you can't remember if you gave consent or not because you were so drunk, then you can't claim rape.
Obviously if you say stop and they don't it's rape, but what if you make it explicitly clear you want to have sex with someone and then continue to drink, and never say stop? What if you have sex once, drink, and then have sex again? Was the second sexual act rape?
The grey areas are huge, and that's why convictions for rape have gone through the floor in the last 20 years.

IDGAS

IDGAS

Boston, MA
March 2004

JUN 02, 2007 05:40 PM

busk said: Fuck chemicals, that is letting them off easy. Vice grips, a razor blade, and a 10 gauge threaded needle make a handy home castration kit.



You would stitch the bastards up afterwards? Let them bleed out or stitch themselves up.

SkaRambo Bitch PhD did link to the case you discussed. The link leads to a write-up on the sentencing of three of the rapists - not enough time given imho.

Fuck I really hate people

DCruz

DCruz

Montreal-nord, QC
November 2006

JUN 02, 2007 05:42 PM

that is totally horrible... and I dunno but at that age I highly doubt that one could "consent" to such a thing. Heck, even older I doubt someone would want such a thing to happen to themselves.

And I dunno how long the trial might take but I'd think something like this should be short and lead to rapid convictions... seriously, who wouldn't believe it was rape...

Minceir

Minceir

I'm lost
September 2011

JUN 02, 2007 05:43 PM

What a Fucking idiot that DA, no girl of thirteen or any tight minded woman of any age wants to be raped. it is the sick and twisted people who thinks this should be shown what it means to feel such things and the torment the victims that live through this. mad mad

Heathen_Dave

Heathen_Dave

Birmingham, AL
July 2005

JUN 02, 2007 05:47 PM

Okay people. there are two stories here, quit mixin' 'em up.

1) The case in England with the "fat" girl and the 3 boys.

2) One in California with the drunk girl and numerous men.

almostfamous

almostfamous

NEWSWIRE

United Kingdom

JUN 02, 2007 05:49 PM

One question I have, what is the age of consent where this took place? The girls in question was 17 according to the article, I was under the impression you had to be 18 to consent. So rape or not, wouldn't they be brought up on statutory rape charges?

Skywisdom

Skywisdom

Portland, OR
December 2005

JUN 02, 2007 05:49 PM

almostfamous said:

Jenni said:

almostfamous said:

Ascanius said:
I don't know how it works in the UK, but in all the US law I'm familiar with if you are drunk, and it sounds like this girl was certainly drunk, you cannot actively consent to sex. That's not the hard part to prove.



So if you have one drink you can't consent to sex?

What if you consent and then get drunk?


My impression is that the laws are quite strictly enforced in Britain - even if you just had one drink, it would be assumed no consent could be given, as the courts are trying new methods to raise their absimal 3% conviction rate for rape.

Also, its not possible to 'consent and then get drunk', as consent always takes place immediately before and during the act of sex. If you consented a few hours ago, but then get drunk and say stop, that will always - and has always been - rape.

Morgan said:
This makes me want to cry and fucking punch someone at the same time. I hate that this kind of thing happens in our world.


I feel the same way.



Your impression is wrong, as far as I'm aware. I know it has previously been ruled that if you can't remember if you gave consent or not because you were so drunk, then you can't claim rape.
Obviously if you say stop and they don't it's rape, but what if you make it explicitly clear you want to have sex with someone and then continue to drink, and never say stop? What if you have sex once, drink, and then have sex again? Was the second sexual act rape?
The grey areas are huge, and that's why convictions for rape have gone through the floor in the last 20 years.



That may be so, but I do believe this particular circumstance is a pretty clear representation of non-consentual sex.

But you bring up a good point, which is that there is a grey area, as anyone who's had sex, or done anything else, while intoxicated may attest to.

And to everyone who says "let's cut the fuckers ball off!" I do empathize with you, surely. But, let's skip past that part. So the kids are in jail, or balless, or whatever. This means they cannot hurt any other girls. Good. But now what? Do we just fill up our prisons with every fucked-up college boy who is encouraged, nay, pressured by his peers so often to "get laid" that he doesn't care if the girl is conscious?

What we need is a radical change to the way sex is viewed in our culture, especially at the younger ages, not just a witch-hunt for every boy who doesn't get what he is doing is incredibly morally rephrensible.

Sorry for this rant if it comes off as obvious, or self-indulgent...it's just something I was thinking.

Hedy

Hedy

SUICIDEGIRL

Illinois, USA

JUN 02, 2007 06:06 PM

Mocha said:

what kind of people do these things? i dont want to meet them, ever, and it scares me that they're out there.



it scares me too. it scares me even more that i probably know plenty of those kind of people, y'know? it'd be comforting (the sole comfort available in a story like this) to think these are just random psychotic shitheads but i'll bet the majority of their friends/families/girlfriends would never have believed they would do something like this.

who thinks to do something like this? why is my inclination to hold someone's hair back and make sure she's going to make it through the night okay when i see somebody completely fucked up, and their inclination was to rape her, and get all of their buddies to do the same?

how does this happen? how do we let this happen?

Musical_poet

Musical_poet

Ames, IA
July 2006

JUN 02, 2007 06:09 PM

people are pretty fucked up in this world. Some guys should think with their heads, not their dicks all the time mad mad mad

Hedy

Hedy

SUICIDEGIRL

Illinois, USA

JUN 02, 2007 06:14 PM

also: am i the only one bored as fuck with all of the "what if i had one and a half beers and then told somebody "i want to have sex with you" but then an hour later changed my mind but didn't tell this person, etc. etc. etc."

the point is not all of the "what if" scenarios. it's the fact that there are fucking DA's who actually believe that if a girl is fat she should be grateful for rape. it's pointless to argue the gray areas when there aren't even enough protections for scenarios like this one, which in my mind is so completely black and white. Skywisdom (and some other peoples) had it right: the changes that need to take place are so much more all-encompassing than prosecution levels. namely, (and i don't know the answer) the focus needs to be on preventing rape from happening at all.

i'll never understand this. how can forcing somebody to be a passive recipient for your cock, who is either unconscious or hating you or fighting you the entire time, a fun thing for a group of dudes to do?

_Holden_

_Holden_

Denver, CO
December 2006

JUN 02, 2007 06:15 PM

This is unbelievable and beyond disgusting. mad I'm just glad that there are girls sticking up for her.

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