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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
SocietysPliers

SocietysPliers

Ocala, FL
October 2004

JUN 02, 2007 06:19 PM

Signon said:
...frankly, I'm surprised that they didn't try a plea bargain with at least one of the suspects. Thirteen's thirteen, and this isn't necessarily going on a kid's permanent record.

Regardless, if the girl's unconscious, she's no longer in a position to consent to anything, and moreover, witness testimony and circumstantial evidence both point clearly toward a rape.

This is my point from my previous comments. There is sufficient evidence to try this. No question whatsoever. And yeah, the courts are full. That must be because they throw people in jail routinely for 30 freaking days for expired registrations. At least in this county, paperwork violations will get you jail time. Hands down. Violent criminals, however, they have no room for.

I'm sorry. this prosecutor should be tried as an accessory after the fact. At the very least.

Bicycle_Samurai

Bicycle_Samurai

York, ON
September 2003

JUN 02, 2007 06:30 PM

It's a shame the vast majority of girls still don't tell a damned soul when this shit happens to them, let alone the authorities. And even if they do, it's a year later, and "there's nothing anybody can do about it now. But I just wanted to tell you, so you can know you're dating a rape victim."

Bicycle_Samurai

Bicycle_Samurai

York, ON
September 2003

JUN 02, 2007 06:31 PM

And yes, when the law doesn't work for the people's good, there needs to be a new faction enforcing it.

Jennifer_

Jennifer_

Venezuela
November 2006

JUN 02, 2007 06:31 PM

almostfamous said:
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?


Yes. Personally, I'm not entirely sure where I stand on the issue of classing any alcohol consumption before sex as rape, mainly because of the large number of tipsy hook-ups that occur that really aren't considered by either party to be rape.

But from a legal standpoint, as far as I know, consent is something that is viewed to occur only at the time of the actual act. I don't think the law allows much room for 'consent in advance'. So, if one day you say to someone that you'd like to have sex with them, and then a few hours or days later you get drunk of fall unconscious, its still considered rape as they didn't obtain permission at the time of penetration. If, for example, you have sex with someone and then drink yourself unconscious, then no - they aren't allowed to have sex with you again without it being classed as rape.

Sorry if that was a bit of a convoluted explanation, but I hope it helped answer your question.

Bicycle_Samurai

Bicycle_Samurai

York, ON
September 2003

JUN 02, 2007 06:36 PM

Wait, I'm just curious: If you meet someone at a party and they have Multiple Personality Disorder, and you start getting along, and bing-bang, next thing you know you're having sex... and then in the act another personality of their's kicks in and starts yelling "rape! rape!"...

How's that work in court?

RedBstrd

RedBstrd

Riverside, CA
April 2004

JUN 02, 2007 06:38 PM

This story makes me sick (the events, not the article describing them).

Lily

Lily

SUICIDEGIRL

I'm lost

JUN 02, 2007 06:39 PM

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.



+1

metalmermaid

metalmermaid

Mojave, CA
April 2007

JUN 02, 2007 06:40 PM

Rapists need to be gang-raped themselves and infected with antibiotic-resistant rectal syphillis. mad
zoom image

Morgan

Morgan

SUICIDEGIRL

Illinois, USA

JUN 02, 2007 06:41 PM

Lily said:

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.



+1



Lily, if we ever get to meet each other, let's just hold each other and make a little bit of the pain of all these terrible things go away, okay?

Copper

Copper

SUICIDEGIRL

I'm lost

JUN 02, 2007 06:43 PM

That is fucked.up.

starbuck42

starbuck42

I'm lost
February 2007

JUN 02, 2007 06:54 PM

almostfamous said:
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?


In most places in the US, the age of consent is lower than 18 though I didn't have much luck looking up California's specifically.

s5

s5

STAFF

San Francisco, CA

JUN 02, 2007 07:01 PM

Hang on here. The girl was 17, so she was both under the age of consent in California (it's 18) and under the age to legally obtain alcohol. Unless she shoplifted, someone old enough to know better provided her with alcohol.

In other words, someone got a minor drunk and had sex with her. Not necessarily the same person, but that was the sequence of events. Thus, in no universe should she be considered legally or physically able to consent.

That combined with eyewitness testimony and physical evidence makes me wonder how this even got to trial in the first place. There should have been a guilty plea and that's that.

Is it really that hard to convict the most clear-cut rape scenario you can possibly imagine?

s5

s5

STAFF

San Francisco, CA

JUN 02, 2007 07:03 PM

starbuck42 said:
In most places in the US, the age of consent is lower than 18 though I didn't have much luck looking up California's specifically.



It's 18. We have billboards that say "sex with a minor is a major crime" with the age of consent printed below.

xfinitex

xfinitex

East Lansing, MI
August 2005

JUN 02, 2007 07:14 PM

I can't really describe the feeling in my stomach right now, but suffice to say I find this disgusting.

SockPuppet

SockPuppet

I'm lost
July 2006

JUN 02, 2007 07:17 PM

Ascanius said:
I'd definately like to second the motion that the three soccer players are fucking heroes and ought to have a statue built for them.



+1

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