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

[Drich]

That's the problem though, if something is "unlawful", it's against the law. If the law has a statue of limitations, then the law doesn't apply to any events that happened prior to the period defined by the statute, so whilst at the time of the rape it was against the law, 5 years later it is not.

Effectively what the statute of limitations is saying is "rape is against the law unless the rape occurs 5 years or more before it is reported".

The argument Drich seems to be making (however poorly worded I think it is), is that rapes that occurred 5 years before they are reported aren't rapes in the sense that they aren't crimes, because they aren't unlawful anymore. I think his argument in that respect is correct, and it's effectively legal to rape someone provided the victim doesn't report it within 5 years, because after that time the person can't be charged with it.

That doesn't mean the rape (i.e. the actual non-consensual sex) didn't happen of course.

No, the crime still occurred.  It isn't that the act wasn't unlawful, it's that the law recognizes that after such and such period of time, it's not prosecutable.  Lack of prosecution, or inability to prosecute, is not what defines an act as lawful or not, it is the act itself.

To me, that sort of semantic handwaving is the opposite of what should be happening here.  It robs the victims of their voice.

But here's the thing with that...

The Law and the definition of the terms set by the law, are what determins actionable recourse by society of one who is ACCUSED of Rape or Murder...

In other words it is YOU who is the one playing a semantical game. When you decide to call people not prosecuted of rape for what ever reason rapists... or when you equate a killer with a murderer.

This is very dangerous boarder line insane behavior because it throws the presumed innocents clause (what this country's laws were founded upon) out the window and it assigns guilt where one must prove innocence. For what? the preservation of a victim culture???

No.. That is not right. If we are to remain innocent until proven guilty we must compel each other to know what the law says and operate with in it. Which includes knowing and identify with it's definitions and when society breaks away, to be able to identify with the law and come down on the side of the law.

Otherwise you will have a blurring of the line between justice and vengeance. (rioters) This is a perfect example when the pop culture rewrites morality/the law.