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RonMexicosPitbull
Feb 28, 2012

by Ralp
It takes my hospital about 5 minutes to do a drug test and costs a few dollars. DNA sequencing a rape kit would take several hours, cost thousands each, and only provide additional useful info if there was an rear end in a top hat to match it too as taking a dna sequence of every person is unconstitutional. Its apples and oranges but it makes a cheeky headline. I dunno its cool to do science so if they want to spend the cash for some peace of mind thats pretty cool but its not some panecea.

RonMexicosPitbull fucked around with this message at 18:34 on Jan 12, 2015

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beanieson
Sep 25, 2008

I had the opportunity to change literally anything about the world and I used it to get a new av
Yea, DNA is expensive but honestly most of the rapes that get reported don't get tested because the victim decides they don't want to pursue or just stop cooperating. Most of the kits that do get processed are juvenile victims who we really don't need testimony from if the kit comes back with a DNA match.

RonMexicosPitbull
Feb 28, 2012

by Ralp
At least the kits are stable for a long time if they change their mind.

beanieson
Sep 25, 2008

I had the opportunity to change literally anything about the world and I used it to get a new av
Exactly. All that stays in a deep freezer forever. Rape and homicide evidence never gets destroyed.

flakeloaf
Feb 26, 2003

Still better than android clock

beanieson posted:

Yea, DNA is expensive but honestly most of the rapes that get reported don't get tested because the victim decides they don't want to pursue or just stop cooperating.

I wonder how many victims back out at the kit stage? The person actually doing the combing could be the kindest sweetest person in the world and it'd still be a really dehumanizing procedure.

beanieson
Sep 25, 2008

I had the opportunity to change literally anything about the world and I used it to get a new av

flakeloaf posted:

I wonder how many victims back out at the kit stage? The person actually doing the combing could be the kindest sweetest person in the world and it'd still be a really dehumanizing procedure.

a lot. I don't get called out until a victim agrees to get a kit done, if they refuse that patrol basically just documents the statements and forwards the report to the detectives.

DrakeriderCa
Feb 3, 2005

But I'm a real cowboy!
Do your jurisdictions have Forensic Nurses do the kits or CSI cops?

JiimyPopAli
Oct 5, 2009

flakeloaf posted:

I wonder how many victims back out at the kit stage? The person actually doing the combing could be the kindest sweetest person in the world and it'd still be a really dehumanizing procedure.

In my experience if they actually make it to the hospital, only about half of them get the kit done. It's obviously very invasive. The ones that get it done are either still in shock or angry enough they want to see justice done (hopefully).

The nurses that do it are amazing. It's just so invasive that once they actually realize what it entails, they don't want to go through it on top of what they've already been through. Half may even be a little optimistic; if anything, it's less.

Reign Of Pain
May 1, 2005

Nap Ghost
Holy poo poo y'all! Blowin' up babby's in poo poo.

http://www.theatlantic.com/national/archive/2015/01/hotter-than-lava/384423/


How often do you guys toss these things around? Any of y'all been burned or blown up? Sounds rather unpleasant.

Whale Cancer
Jun 25, 2004

DrakeriderCa posted:

Do your jurisdictions have Forensic Nurses do the kits or CSI cops?

We use SANE nurses

Untagged
Mar 29, 2004

Hey, does your planet have wiper fluid yet or you gonna freak out and start worshiping us?

Whale Cancer posted:

We use SANE nurses

This for us too, but they have to be called from an adjoining jurisdiction. And it better be rape rape, they get pissed when they get called for regrettable sex.

Kung Fu Fist Fuck
Aug 9, 2009

Untagged posted:

This for us too, but they have to be called from an adjoining jurisdiction. And it better be rape rape, they get pissed when they get called for regrettable sex.

all sex involving a man is rape you cispig

Untagged
Mar 29, 2004

Hey, does your planet have wiper fluid yet or you gonna freak out and start worshiping us?

Kung Fu Fist gently caress posted:

all sex involving a man is rape you cispig

Only when you want the rape kit and anti viral drugs afterwards really tho

Whale Cancer
Jun 25, 2004

Untagged posted:

This for us too, but they have to be called from an adjoining jurisdiction. And it better be rape rape, they get pissed when they get called for regrettable sex.

I love it when the ER calls us for poo poo. This 30 some year old woman decides to lose her anal cherry to a dude one night. We'll shortly into it she decides it's not for her and starts saying stop while she's biting the pillow. She never tries to pull away or push the dude off but eventually it's too much and she starts crying and homeboy pulls out. Later that evening her rear end is still hurting so she goes to the ER.

I get assigned this call and spend 15 minutes arguing with the ER doctor why this isn't a rape. He gets pissed and says or laws are crap compared to where he comes from. Oh yeah, he's from Pakistan.

RonMexicosPitbull
Feb 28, 2012

by Ralp

Whale Cancer posted:

I love it when the ER calls us for poo poo. This 30 some year old woman decides to lose her anal cherry to a dude one night. We'll shortly into it she decides it's not for her and starts saying stop while she's biting the pillow. She never tries to pull away or push the dude off but eventually it's too much and she starts crying and homeboy pulls out. Later that evening her rear end is still hurting so she goes to the ER.

I get assigned this call and spend 15 minutes arguing with the ER doctor why this isn't a rape. He gets pissed and says or laws are crap compared to where he comes from. Oh yeah, he's from Pakistan.

You probably misunderstood that he wanted the girl to be arrested not the guy.

Reign Of Pain
May 1, 2005

Nap Ghost

Whale Cancer posted:

I love it when the ER calls us for poo poo. This 30 some year old woman decides to lose her anal cherry to a dude one night. We'll shortly into it she decides it's not for her and starts saying stop while she's biting the pillow. She never tries to pull away or push the dude off but eventually it's too much and she starts crying and homeboy pulls out. Later that evening her rear end is still hurting so she goes to the ER.

I get assigned this call and spend 15 minutes arguing with the ER doctor why this isn't a rape. He gets pissed and says or laws are crap compared to where he comes from. Oh yeah, he's from Pakistan.

Only registered members can see post attachments!

JiimyPopAli
Oct 5, 2009

RonMexicosPitbull posted:

You probably misunderstood that he wanted the girl to be arrested not the guy.

:vince:

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Whale Cancer posted:

I love it when the ER calls us for poo poo. This 30 some year old woman decides to lose her anal cherry to a dude one night. We'll shortly into it she decides it's not for her and starts saying stop while she's biting the pillow. She never tries to pull away or push the dude off but eventually it's too much and she starts crying and homeboy pulls out. Later that evening her rear end is still hurting so she goes to the ER.

I get assigned this call and spend 15 minutes arguing with the ER doctor why this isn't a rape. He gets pissed and says or laws are crap compared to where he comes from. Oh yeah, he's from Pakistan.

If she said stop and he continued, it is, in fact sexual assault. Also many times rape kits are unnecessary because the question isn't identity, it's consent. In a case like that a rape kit is an unnecessary expense.

The Shep
Jan 10, 2007


If found, please return this poster to GIP. His mothers are very worried and miss him very much.

ActusRhesus posted:

If she said stop and he continued, it is, in fact sexual assault. Also many times rape kits are unnecessary because the question isn't identity, it's consent. In a case like that a rape kit is an unnecessary expense.

In my state a sexual assault requires the offender to employ use of force or threat of force and I'm sure many state statutes are similarly worded. A simple verbal gesture without physical attempt at stopping the penetration wouldn't get charged, if in fact that was the case, or at best would not be a black and white case if charges are approved.

I shouldn't have to explain this to you.

The Shep fucked around with this message at 14:59 on Jan 14, 2015

flakeloaf
Feb 26, 2003

Still better than android clock

Seriously? The ongoing consent requirement is kind of a big deal up here, I'd just assumed that was common. No meaning no, and all that.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Cmdr. Shepard posted:

In my state a sexual assault requires the offender to employ use of force or threat of force and I'm sure many state statutes are similarly worded. A simple verbal gesture without physical attempt at stopping the penetration wouldn't get charged, if in fact that was the case.

I shouldn't have to explain this to you.

Link your statute please.

deratomicdog
Nov 2, 2005

Fight to Fly. Fly to Fight. Fight to Win.
Its not rape if you put it in her butt.

The Shep
Jan 10, 2007


If found, please return this poster to GIP. His mothers are very worried and miss him very much.

ActusRhesus posted:

Link your statute please.


(720 ILCS 5/11-1.20)
Sec. 11-1.20. Criminal Sexual Assault.
(a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
(1) uses force or threat of force;
(2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;
(3) is a family member of the victim, and the victim is under 18 years of age; or
(4) is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony


Subsection 2 would cover victims who are intoxicated beyond the point of being able to consent, as well as the mentally or physically disabled.

In all other cases where the elements of CSA aren't met, the act would more likely be charged as a battery.

Edit: this is a dumb argument anyways. D&D was trying to drudge up controversy where none exists, and no one here is defending rapists. It's just that many times people don't have a full understanding of what legally constitutes rape. Obviously if there is no consent then there is probably a crime, but that crime isn't always going to be sexual assault.

The Shep fucked around with this message at 15:12 on Jan 14, 2015

flakeloaf
Feb 26, 2003

Still better than android clock

I don't think anyone's defending rapists either. But a stone-age law that says vaginal sex is one thing, mouth sex is another and butt sex is another and they all have different rules for when/if they become "rape" is open season for mockery. You showed us yours, lemme show you mine:

CCC 273.1 (2) posted:

No consent is obtained, for the purposes of sections 271 [Sexual Assault], 272 [SA with weapon or harm] and 273 [Aggravated SA], where

(a) the agreement is expressed by the words or conduct of a person other than the complainant;
(b) the complainant is incapable of consenting to the activity;
(c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
(d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
(e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

That last one led to a bit of absurdity after someone's retroactive, bad-faith rape accusation led to a conviction anyway because the alleged offense occurred while the victim was unconscious. She consented to being unconscious and to her husband having sex with her in that state, but the buttdildo was apparently off-limits. Or at least it became off-limits once the custody battle for their kid started.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Cmdr. Shepard posted:

(720 ILCS 5/11-1.20)
Sec. 11-1.20. Criminal Sexual Assault.
(a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
(1) uses force or threat of force;
(2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;
(3) is a family member of the victim, and the victim is under 18 years of age; or
(4) is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony


Subsection 2 would cover victims who are intoxicated beyond the point of being able to consent, as well as the mentally or physically disabled.

In all other cases where the elements of CSA aren't met, the act would more likely be charged as a battery.

Edit: this is a dumb argument anyways. D&D was trying to drudge up controversy where none exists, and no one here is defending rapists. It's just that many times people don't have a full understanding of what legally constitutes rape. Obviously if there is no consent then there is probably a crime, but that crime isn't always going to be sexual assault.

You may want to look at People v. Bowen. Your understanding of the requirement of "force" is a little off.

JiimyPopAli
Oct 5, 2009

ActusRhesus posted:

You may want to look at People v. Bowen. Your understanding of the requirement of "force" is a little off.

He's in Canada, so his definition may not apply in your jurisdiction.

I think Flakeloaf and I are in the same province, and I can tell you that IMHO the circumstances as presented wouldn't lead to a prosecution.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

JiimyPopAli posted:

He's in Canada, so his definition may not apply in your jurisdiction.

I think Flakeloaf and I are in the same province, and I can tell you that IMHO the circumstances as presented wouldn't lead to a prosecution.

He linked an Illinois statute. Last I checked Illinois is part of the us.

Kung Fu Fist Fuck
Aug 9, 2009

deratomicdog posted:

Its not rape if you put it in her butt.

its not gay if you beat him up afterwards

Tearsaslube
Jan 5, 2015

by XyloJW
I would be such an rear end in a top hat. I would try to charge rape as penetration; ergo hypodermic needles are rape.

You get a jury of your peers if you're a jaggoff? There's still jury nullification?

If I'm found guilty of a federal crime, and I'm a transexual otherkin furry, do I get to go to a women's prison?

Tearsaslube fucked around with this message at 19:02 on Jan 14, 2015

seance snacks
Mar 30, 2007

Stolen from the Russia thread: https://www.youtube.com/watch?v=V_Nr31Lv6H8

How often do yall actually get calls for cats stuck in trees?

The Shep
Jan 10, 2007


If found, please return this poster to GIP. His mothers are very worried and miss him very much.

ActusRhesus posted:

You may want to look at People v. Bowen. Your understanding of the requirement of "force" is a little off.

That seems to be a larceny case, is that the correct case you want me to look at?

Otherwise we generally refer to how force is defined in the statute.

"Force or threat of force" means the use of force or violence or the threat of force or violence, including, but not limited to, the following situations:
(1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or
(2) when the accused overcomes the victim by use of superior strength or size, physical restraint, or physical confinement.

Untagged
Mar 29, 2004

Hey, does your planet have wiper fluid yet or you gonna freak out and start worshiping us?

Wait. What.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Cmdr. Shepard posted:

That seems to be a larceny case, is that the correct case you want me to look at?

Otherwise we generally refer to how force is defined in the statute.

"Force or threat of force" means the use of force or violence or the threat of force or violence, including, but not limited to, the following situations:
(1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or
(2) when the accused overcomes the victim by use of superior strength or size, physical restraint, or physical confinement.

no, it's a sexual assault case.

the fact you're a cop and think it's legal to have sex with someone who is telling you to stop is a little worrisome.

seance snacks
Mar 30, 2007

Untagged posted:

Wait. What.

http://forums.somethingawful.com/showthread.php?threadid=3693953&pagenumber=1

Pretty much the only GBS threads worth reading

The Shep
Jan 10, 2007


If found, please return this poster to GIP. His mothers are very worried and miss him very much.

ActusRhesus posted:

no, it's a sexual assault case.

the fact you're a cop and think it's legal to have sex with someone who is telling you to stop is a little worrisome.

The fact you're a prosecutor and can't interpret simple statute is worrisome.

Untagged
Mar 29, 2004

Hey, does your planet have wiper fluid yet or you gonna freak out and start worshiping us?

ActusRhesus posted:

no, it's a sexual assault case.

the fact you're a cop and think it's legal to have sex with someone who is telling you to stop is a little worrisome.



You mean your safe word is "Stop"? loving rookie.

Smiling Jack
Dec 2, 2001

I sucked a dick for bus fare and then I walked home.

ActusRhesus posted:

no, it's a sexual assault case.

the fact you're a cop and think it's legal to have sex with someone who is telling you to stop is a little worrisome.

Not to be pedantic but he didn't say it was legal, he said it wasn't the specific criminal charge of rape.

Aren't you lawyer or something?

Edit: no wait he said it wasn't sexual
assault even after he said no, what the gently caress Shep?

Smiling Jack fucked around with this message at 23:22 on Jan 14, 2015

Untagged
Mar 29, 2004

Hey, does your planet have wiper fluid yet or you gonna freak out and start worshiping us?
Let me tell you about these things called Lesser Included Offenses.

Never Scroll
Aug 15, 2008

ActusRhesus posted:

If she said stop and he continued, it is, in fact sexual assault. Also many times rape kits are unnecessary because the question isn't identity, it's consent. In a case like that a rape kit is an unnecessary expense.

We call them SART exams in California and we do them even when both parties admit to intercourse if the victim is willing to have the exam done. It's happened where a third party(s) genetic material has shown up or no genetic material has shown up which requires some additional investigation.

My department documents any rape allegation in a report and that initial report is followed up by a sexual assault detective. Our DA always sees the case even if it is weak and can choose to file.

In Whale Cancer's scenario the crime of rape has been completed in my state if dude new she wanted to stop and he kept going.

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Tearsaslube
Jan 5, 2015

by XyloJW
Holla atta boy reasonable person standard

Don't make me get my expert neuroscientist witnesses out. poo poo will go down

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