Reply to That Brock Allen Turner is a dirtbag

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]

From the California penal code:

(3)?[b]Where a person is prevented from resisting[/b] by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

http://codes.findlaw.com/ca/penal-code/pen-sect-261.html

It leaves things in a gray area, since it's based on exactly how drunk the person is whether they are prevented from resisting.  But it's hard enough to prove a rape occurred, that I think the gray area in the law is necessary in order to ever convict.  I'm not a lawyer, though, so it would be interesting if one could weigh in.
[/quote]

WHERE A PERSON IS PREVENTED FROM RESISTING.

WTF is "gray" about that?

Passers by could see that she was not resisting and she didn't wake up for another 3 hours. [/quote]

I posted the law excerpt, and I have no idea why you are yelling at me.  I was responding to a PP who was talking about all drunken sex being rape, not this particular case which is very clear cut.  I went to college in California, and it *is* a gray area...intentionally, as I understand it.  There is no clear standard of what is "not too drunk to be able to resist an unwanted sexual advance"...the blood alcohol level, for example, will vary greatly by person.  But it's a good thing that the penal code includes this clause, even though it leaves a lot up to interpretation...because it gives a tool to prosecutors.

It is not helpful to pretend that the law isn't what it is, or that all scenarios are clearly cut-and-dry.  The Brock Turner case is pretty obvious, but there are situations that are less so.  And I'm saying this as a survivor of acquaintance rape, so I'm not trying to minimize the situation at all.[/quote]

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