RE: How the fuck is there a statute of limitations for rape in New York?
October 14, 2016 at 2:37 pm
(October 14, 2016 at 12:58 pm)Catholic_Lady Wrote:(October 14, 2016 at 12:39 pm)Drich Wrote: 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.