How the fuck is there a statute of limitations for rape in New York?

[Faith No More]

but that does not take away either one of our humanities. 

Actually, he gave his away a long time ago.

[Losty]

What fucking world do we live in that you can't prove intent or consent beyond a reasonable doubt? You sure as fuck can. Also...I don't know why people don't know this but you can get around the SoL in most states if you feared for your life or if there are certain reasons that you couldn't report.

[Drich]

What is so hard to understand that you can not prove intent, or more specifically consent? one day after... let alone 5 years later.

Consent is the only difference between sex and rape.

And consent because it is in the mind with no absolute DNA clad proof tied to it can be changed as an after thought especially when tied to emotion. Look at Lady for campus' posts for an example of truth being traded to support an emotion built narrative.

The ONLY (not good) but ONLY means we have to discern consent is time.

Meaning if there was a rape it has been determined that in the state of NY that 5 years separates sex from rape.

Rape being defined as unlawful sexual activity.

When I say if in the state of new york (or any state with a SoL) a Rape is not Reported with in that SoL, the sexual act can not be identified as unlawful, as the law allows only a ______ year window to report said rape. Therefore in the eyes of the law despite what happened the sex act can not be considered unlawful. It becomes unwanted sex.

I think there may still be ways. For example, if the girl goes to the hospital after the rape and it is documented that she has tears in her genitals and scars/bruises and that she is in an emotional state of extreme distress or shock. Or if there are witnesses who come forward, and/or video evidence (sickeningly enough, rape of unconsciously drunk girls in college and high school parties do get recorded sometimes). 

IF there is enough evidence (and that's a big if), I don't think there should be a time limit to seek justice for it. And I can definitely see how there could still be evidence years later.

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.

[Catholic_Lady]

but that does not take away either one of our humanities. 

Actually, he gave his away a long time ago.

No. Hate him as you may (and trust me, I was mad too), he is still a human being and should be recognized as such.

[Catholic_Lady]

I think there may still be ways. For example, if the girl goes to the hospital after the rape and it is documented that she has tears in her genitals and scars/bruises and that she is in an emotional state of extreme distress or shock. Or if there are witnesses who come forward, and/or video evidence (sickeningly enough, rape of unconsciously drunk girls in college and high school parties do get recorded sometimes). 

IF there is enough evidence (and that's a big if), I don't think there should be a time limit to seek justice for it. And I can definitely see how there could still be evidence years later.

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.

[Catholic_Lady]

The only crime that has no  statute is murder. The reason there are limits on all other crimes isn't to protect the accused but to protect society including the innocent that might might get accused from an over zealous government. Innocent people do end up accused and wrongly convicted

I agree with this in that the reason for the limits is to protect the innocent, not to protect the criminal. But I don't agree that rape should have a limit. I can see instances where the evidence may be there years later.

[Faith No More]

No. Hate him as you may (and trust me, I was mad too), he is still a human being and should be recognized as such.

He's a human being in name only. He may have the same organs as us, skin, liver, pancreas, but he doesn't seem to be capable of things most humans are, feelings, compassion, empathy. And he justifies it all with his bible. His God doesn't give a shit about a lot of people, so neither does he.* Anything remotely resembling humanity is missing.

*Actually, it's probably more like he doesn't give a shit about a lot of people, so neither does his God.

[Drich]

It's a flower garden Trich grew shortly after we were married, and she was taken off to rehab. At that point my family had turned on me for supporting her recovery, and not getting a divorce. (big trailer park type shouting match where my dad tried to have me arrested from drugs, because he was sure if "she was on em he was on em.")

 Between those two things and everything else going on at the time I finally broke down and prayed for mercy.. I could only mutter two words... God, Mercy... Over and over.. That one sunflower grew taller than my house and bloomed into a basket ball sized monster.. (Sunflowers were my wife's fav flower, i had to take a pic of it because she was 2 weeks into a month long rehab less than a month from our wedding day) from that day forward it started to get better.

I use it here as a reminder, that no matter how dark you guys get, it is nothing compared to what God has already carried me through.

We may have our differences and I may feel very disappointed in the manner in which you addressed Judi's situation, but that does not take away either one of our humanities. 

I am very sorry for what you went through in your past. I hope you are in a better place now.

come on don't fall into the false narrative.

Time line the events:
I come in page three post 25 with
"if it took more than 5 years to report (in ny) then it was not rape. (again according to the law)"

Then post 27 Nym pipes up with a list of hypotheticals that to me seem like came from a hallmark movie.
So I then challenged her hypothetical to see if she would somehow justify her remarks.. Again i have worked with rape victims in a variety of different capacities and again had to deal with my own situation.. while i believe NYM is entitled to her own brand of grieving. my experience with dealing with people is one, people who have endured this sort of thing are not so flippant about it. In my 4 years here and all the different times i could have pulled the sexual abuse card to prove a point this is the first time I went into any measurable detail. I have often mentioned it as a 'dark time that caused me to atheism.' or i may have mentioned here or on another site that I have 'experienced something similar.'

Couple that with the years of feed back from years of working with kids and adults who were raped/molested as a child. In all that time the only people who would just off the cuff tell you about a rape that they themselves never reported were the people who may flipantly change a consent status on a given sexual encounter based on how they feel about a given person on any given day. The people the SoL is designed to weed out. (you can NOT pretend these people do not exist)

So I pressed.

Which is the only tool i have at my disposal with any of you. i can't look you in the eye, i can't judge body language, I can't even take your word based on past conversations. All I can do to discern truth is to press and measure a guttural reaction against what i know to be the accurate behavior of the people I've worked with given a specific situation.

Because that last thing I want to do is cut/wound myself over the shark tank and jump in if this person is obviously faking. But it is something I am willing to do if this person really needs help. Which is why in every other post from the emoji post to this one i have been identifying and laying out different options. i have been doing my due diligence outlining my position and other options for recovery.


The worst thing pressing would have done is to kick off the idea that she is ok and doesn't need some sort of help. You may not like it but sometimes you need to rip off a kids festering bandaide (even if they want to keep it) and treat the wound.

If Nym is for real and just happens to be one of the 1% who can march out a rape story to play to a crowd of people and win an argument but cant bring herself to report it to protect a sister then she needs to understand that metric she is living by is a psychological time bomb just waiting to go off...

And not to blame the victim.. but in the first story she was first raped @ 25 and in a later post it seems if she is just a little girl protecting her sister from her father...(post 112)

[FatAndFaithless]

If Nym is for real and just happens to be one of the 1% who can march out a rape story to play to a crowd of people and win an argument

Go fuck yourself Drich.

[Cyberman]

I know a sociopath in real life. Trust me, they are not worth knowing.