RE: How the fuck is there a statute of limitations for rape in New York?
October 17, 2016 at 4:15 pm
(October 17, 2016 at 1:09 pm)Tiberius Wrote: Sounds like there are two definitions of the word "rape" being used here.
There's "rape" the crime, and "rape" the action.
So yes, whilst a person can't be convicted of a rape (crime) 5 years after it happened, that doesn't change the fact that the person raped (action) the victim.
Drich you appear to be ignoring the colloquial use of terms in favor of being overbearingly technical. For example, the phrase "he got away with murder" is a well known expression, even though by your argument if you don't get convicted of murder you aren't technically a murderer.
In short, I get where you are coming from but I don't think you're argument really applies to the underlying theme here. The event (rape, sexual assault, non-consensual sex, whatever you want to call it) still happened even if nobody got convicted for it.
... But if dude did murder someone or rather was accused of murder and by trial was found innocent Dude (OJ for example) by defination literally is not a murder.. He is a murder by the court of public opinion, but the long and short of it legally he is not.
This may seem like i am picking nits, but I'm not.. The problem does not lie with what I've said but the popular understanding of the words.
People want Rape to be all instances of forced sex. I get that. Problem is.. It's not. Rape is only illegal sexual activity that is prosecuitable.
That is the very reason we even have this thread. The OP wants rape to be what he feels the defination to be, so he is astonished that their is a SOL.. I get that..
The reality is that it is not. Rape is a fleeding crime. as per the SOL.
Which means Victims MUST Act Sooner Rather Than Later.
You have to look at Crime in accordance to how the law looks at crime/right and wrong or we will be consumed by a screwed up sense of justice.
If you want to pretend that rape does not have a SOL and once a a woman declares a man a rapist for something that happened 20+ years ago, but the law will not allow prosecution, then what stop people for seeking the kind of mob justice the rioters in Charlotte sought?
I get what people are saying, but to over define rape/to go beyond what the legal definition allows does the victim a disservice.