RE: How the fuck is there a statute of limitations for rape in New York?
October 14, 2016 at 3:36 pm
(October 14, 2016 at 2:41 pm)Catholic_Lady Wrote:(October 14, 2016 at 2:37 pm)Drich Wrote: Here's the difference... Everything you mention in the way of evidence could be considered to be just evidence of sexual intercourse.
Remember the time and culture you live in. genital tears is not my idea of a good time but some would argue against that. the only difference between sex with genital tearing and busing and rape with the same result is consent.
All any of the physical evidence will allow for is to establish sex or penetration occurred.
Rape and sex share ALL the same Physical Evidence. The only thing that separate the two is consent and that may change over time.
There is no evidence for consent. which is why a time limit has been set.
That is the whole of the argument.
A lot of crimes get brought to justice on circumstantial evidence. If a woman is taken to a hospital with genital tears, bruises, cuts, and is in emotional shock, and if all of this is documented in medical records, it may very well lead a jury to conclude beyond a reasonable doubt that a rape happened. Even if years later.
That is not what is being discussed, as the hospital will report the rape right away which jives with the SoL. I am talking about a situation that happens and does not get reported in any way shape or form for 5+ years.
