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

[Drich]

Thank you.  I appreciate you acknowledging that you understand which point of view I am coming from.   I also understand your point that legally speaking, this alleged ACT will not be recognized as a "rape" in any court of law if it is never reported, and/or prosecuted.  

But, what I am saying is, doesn't any TRUE victim have the right to declare privately, to themselves, "I was raped"?   Why do you want to rob that word of its power and meaning for the victim so badly?  

Do you think it is right to call combat soldiers murderers? what if your brother went to syeria and joined ISIS and was killed by a US soldier? It is proper to call the soldier a murderer or is it ok to say your brother was murdered?

Do you think it is right to call someone who shoots and kill one of your family members a murderer IF he the guy is honestly defending his life? the same here was your family member murdered and is the man who killed them a murderer?

In both instances the law allows for the taking of human life so legally the killing of an enemy combatant is not murder nor is legal self defense. The word murder describes a criminal act. If the law does not allow for prosecution the act maybe the same (the net result/your family member died at the hands of another) but to the law it is as it never happened.

Meaning in either of the cases above the government can not rightfully detain or prosecute a criminal case.

The same is true with rape. the word rape describes a criminal act. like murder. However if one takes into account the SOL as being an end date to prosecution, then effectivly it nullifies any legal recourse/chance for justice a victim has.

To take away the right to call a rape a rape, will indeed push someone who wants justice to act. It will also make a perpetual victim react. so both can be identified.

To the perpetual victim you help them understand the road they are on. Many don't choose this path, they are simply stuck on it, and need help because they never ever said anything and don't know where to go. So you offer them help or allow them the room to be what they want to be.

I also would argue (but am not willing to die on this hill) that if one allows a rapist go without prosecution, to possibly rape someone else.. then there must be some reason they Allowed the sex to not be classified as rape legally.

Now I am asking you to suspend that for a moment and put someone like EP or some poor guy who's thing is to play rape with his GF. Now ask yourself what if a girl like that (who likes to play raped) isn't.. exactly stable. and they break up.. All is quite until 4 or maybe 10 years later. then she decides they were not play raping one another when she finds out EP is married with kids and has a new house (everything she wanted with him)

Now, we take the word rape out of a courtroom and apply it here, then all due process/All justice (by the truest defination of the word) is gone. especially if she taped one of those play rape sessions.

Well, that would be...a rape allegation...like you've already said.  (a false one in your scenario which is - as it SHOULD be  - punishable by law).  As in...we have an alleged victim AND an alleged offender.  The two are not mutually exclusive.

You can still allow that word personal meaning to actual victims without "taking it out of the court room", or stripping away due process, as you say.  You seem to think it has to be one or the other?

With an SOL it is.. my thoughts of the matter do not matter. i am not speaking for a point of personal philosophy, but in accordance to how the law reads.

Again the reason for a SOL in a rape case is because The only difference between rape and consentual sex is consent and there is no physical evidence/dna for consent. This is true one day after the fact let alone 5 years.

The only measure we have to gauge consent in Most cases is time. which again answers the OP's question.

All people would judge is what they saw and plug it into a narritive (like you good people did with me and my selection of words in this thread without thinking.) Then no matter what EP is screwed.

Horse crap!  If the event was reported as a rape, then an investigation would ensue, a DA would decide if there is enough evidence to go forward with formal charges, and the accused would get a fair trial.  There is your due process!  What are you complaining about?  And, "poor EP"?  Now, now, let's not encourage that victim mentality.  [emoji57]

After 10 years, and all that remained was a tape of a fake rape session with no run up or explanation, just a brutal session of forced sex, how is one to establish consent? At best you MIGHT build a circumstantial defense, anything else will be he said she said.

Now again, EP admitted this was his thing, and I'm sure if one simply saw the act and did not know anything else about the couple EP would probably goto jail based on the only evidence available/the tape. The only thing that keeps his walking the street is none of his victims/girlfriends has made the claim the his forced sex was indeed not consensual.

So again, the reason for the SOL. The thought being time will flesh out the victims from the weirdos. (no offense EP)

which brings us to a broader application of the law. What if.. by accusation alone we are convicted of a crime, then must prove our innocence (as a legitmate means of 'protecting our victims?') Rather than the presumption of innocence we have now? (All are innocent until proven guilty.) For one arrests would not be so...

Ofc, that would be a TERRIBLE idea, and I don't think anyone here was suggesting such a thing.

But this is exactly what is happening in the streets of Ferguson, Milwaukee, Charolett ect.
The populas has tried and convicted in the court of popular opinion and demand punishment without due process. Just by just labeling the police offers murders. When their brand of 'justice' is not met. they "burn this bitch down."

The are presuming guilt before due process. they want the cops to be treated as guilty and then proove their innocence.

It's not being suggested It is being played out on our city streets when a segment of the population feels like they are not being treated 'fairly.'

How else can you chant "no justice no peace" then burn down several blocks pillage and loot, and FEEL MORALLY JUSTIFIED in doing so?

Are we to also now add rape to the list?

Again, yes the act of a sexual assault was committed, but to call it a rape should be determined by it's legal status, not by how one 'feels' or morally justifies their feelings.

Remember, laws are mean to be the checks and balances to our own personal moral justifications. You start bypassing the law on a small level like using terms out of place it allows for larger 'justifications.' Which again are being played out on our streets now.

 What I have been advocating for this entire time is granting the word "rape" its personal meaning to actual victims as a way of privately legitimizing the terrible thing that happened to them so that they may begin to move forward.  That's all.   Do you not think this is a fair thing to allow to those who have suffered?

I am a 'one who has suffered' and i still see a greater need for the community to stand with the laws that were made without the slant of emotion or hurt put upon them. there is a far greater issue than the one who has suffered or even the millions who have suffered it is the rights and freedoms of the 100's of millions if not billions who are having their rights, challenged or in somecases taken away by a well meaning, but often blind group of people.

It's about empowering the victim on a private, internal level; not handing out power to any old person who wants to see their boyfriend in jail...

No, empowerment doesn't come in giving people the right to label just anyone with a criminal act. (that is embitterment) the empowerment comes in following the law, contributing to the process of society, and seeing justice carried out no matter the verdict.

Bold mine.  Yes, I agree with this.  This is (more or less) what I have been trying to communicate to you.

Is it possible that we are coming at least close to a mutual understanding of each other, and the issue?  [emoji57]

possibly.