Ok lawyers and attorneys, help me here.

[Blacknbengal]

Judge declares mistrial after banning words
Court had forbid saying ?rape? and ?victim? during sexual assault trial


LINCOLN, Neb. - Before a jury was even seated, a judge declared a mistrial Thursday in the sex-assault case where he had barred the words ?rape? and ?victim? among others.

Judge Jeffre Cheuvront of Lancaster County District Court said publicity surrounding the rape case against Pamir Safi, 33, would have made it too difficult for jurors to ignore everything they heard before the trial, which had been expected to begin next week. A jury was in the process of being selected when Cheuvront declared a mistrial.

Safi is accused of raping Tory Bowen in 2004. He said they had consensual sex, but she said she was too drunk to agree to sex and that he knew it.

Rest of Story

If the lady felt she was raped, why couldnt she use the word? Could she have use the words of "sexual assault"? If not, then how could she have proved her case?

 

[BluPearl98]

If it were Texas, he'd be in jail since having sex with an intoxicated female is rape. Now let me be quiet and see what the J.D.'s have to say....

 

[Fiyah]

If it were Texas, he'd be in jail since having sex with an intoxicated female is rape. Now let me be quiet and see what the J.D.'s have to say....

Yeah, I think you may have your facts wrong just a bit. There's plenty of sex going on with intoxicated people.

 

[nupesq]

Rape is a legal conclusion for the jury to determine. If she were allowed to use that word, it would imply the criminal act had been committed regardless of the evidence. The way for the state to prove their case would be to show: 1) a sexual act, and 2)the act was without consent. If the state proved those two elements, then the jury would be free to reach the conclusion(verdict) that a rape had indeed occurred. Same applies for a sexual assault. Hope this helps.

 

[BluPearl98]

Yeah, I think you may have your facts wrong just a bit. There's plenty of sex going on with intoxicated people.

Actually frat, when I was undergoing training a few years back, this is what we were told by a sex abuse counselor. If a man has sex with an intoxicated female and she reports it, it is considered rape in the great state of Texas. I actually have a friend who went to jail for it in 2001. I don't know, maybe the law has since changed. However, I still tell young men to be careful.

 

[ToPdOg]

Yeah, I think you may have your facts wrong just a bit. There's plenty of sex going on with intoxicated people.

Actually, BluPearl98 is correct. It's called rape by intoxication. I'm not sure what states have it, but I know it's a law here in Louisiana. It basically says that if a woman is intoxicated, she can't legally consent to sex.

 

[Fiyah]

The problem with that type of vague saying is, what if both persons are intoxicated? Who is to say which one took advantage of the other.

But there is still plenty of intoxicated people having sex..........that was my contention

 

[BluPearl98]

The problem with that type of vague saying is, what if both persons are intoxicated? Who is to say which one took advantage of the other.

But there is still plenty of intoxicated people having sex..........that was my contention

That's what we told her. Her counter was, Texas is a Woman's state. It does not matter if both parties are intoxicated, HE will still take the ride if she reports it.... Like I said, I always told the young men on campus to be careful.

 

[pbla]

That's what we told her. Her counter was, Texas is a Woman's state. It does not matter if both parties are intoxicated, HE will still take the ride if she reports it.... Like I said, I always told the young men on campus to be careful.

So if a married couple in Texas celebrate their anniversary with some alcohol,glass of wine,Grey Goose or whatever, and they take it to the next level with sex,you mean to tell me the wife can legally charge her husband with rape??????????

 

[Da Slim One]

The problem with that type of vague saying is, what if both persons are intoxicated? Who is to say which one took advantage of the other.

But there is still plenty of intoxicated people having sex..........that was my contention

.....or, how do you prove that the woman was actually intoxicated when it happened. I would think that she is not going to really realize what happened until after she sobers up a bit and then she will report it. Thus, I believe that her level of intoxication would probably be below the legal limit.