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Thread: Difference between cosensual sex and rape... in the eyes of too conservative law

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  1. #10

    Default Re: Difference between cosensual sex and rape... in the eyes of too conservative law

    If your friend is the type to brag about his escapades, and if he has been dating that girl for some time; chance would be that *his* phone, IM, calendar, w/ever contains traces that explain this if it was a consensual relationship, right?

    EDIT: Not being a lawyer nor having any experience/data to back up the claims; but it seems to me that these cases are won on the “innocent until proven guilty” line, so what you have to do is not necessarily prove that she is having sex with anything with two legs (and even if that were so, it does not actually directly prove that therefore this case was *not* rape). Rather you would need to prove that the two were having what amounts to a sexual relationship; that both partners agreed (voluntarily) to meet for sex; and that it is logical to assume that what went on in the bedroom between them was consensual. The latter follows more or less from (1) and (2) providing there is no direct evidence to the contrary, which is probably an important point to stretch: is their (no) direct evidence to make you doubt that this encounter was anything other than consensual sex, regardless of the morality of such an encounter?
    Last edited by Tellos Athenaios; 07-02-2010 at 16:48.
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