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Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 3:32:04 AM   
SirKelvar


Posts: 7
Joined: 10/13/2012
Status: offline 		Okay now this is really weird I found a story on yahoo today about a guy who supposedly 'got off' only because of a judges interpretation of a rape law from the 1800s. Well I am sorry but I would have my own reasons for letting the guy off supposedly the guy 'pretended' to be the woman's boyfriend and had sex with her till completion while drunk....and she didn't know it wasn't her boyfriend till light shined on his face....to this I call BS but I must ask for the ladies opinions on here is it possible to make such a mistake in identity or is this someone who just got caught cheating and is lying her way out of it?
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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 4:06:35 AM   
AthenaSurrenders


Posts: 3582
Joined: 3/15/2012
Status: offline 		Is it possible for a drunk person to mistake someone for a different person in the dark? Yes.
Did this guy rape her? Not a judgment anyone here can make without hearing the case (and possibly not even then).

I know I sure as hell wouldn't want to have to rule on rape cases.

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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 4:26:59 AM   
kalikshama


Posts: 14805
Joined: 8/8/2010
Status: offline 		Link please.

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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 4:41:26 AM   
JstAnotherSub


Posts: 6174
Status: offline 		http://news.yahoo.com/judge-law-wont-protect-unmarried-victims-rape-012941200.html

I happened to have read it this am.

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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 7:03:08 AM   
theshytype


Posts: 1600
Status: offline 		I have never been drunk enough to black out or be able to mistake someone's identity. Others claim to, so I can't respond on whether or not it's possible.

I do know that when I'm asleep and my husband wakes me up my eyes stay shut for some time. I don't check just to make sure it's him. That would be the case married or not.

For this one, I wouldn't be able to make a conclusion without hearing more.

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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 10:20:28 AM   
littlewonder


Posts: 15659
Status: offline 		when you're really drunk? Yup. I can remember being that drunk and not being able to tell one person from another and also times when I was so drunk I don't remember a single thing until others told me the next day what happened.

I would say if while she was drunk and she thought it was her boyfriend and calling her boyfriend's name and acting as she would with her boyfriend and he was more than well aware of that, then yeah, it's rape, even if she was drunk enough not to realize it was not her boyfriend.

This sounds kinda like the old stories of if she is drunk enough to pass out and someone has sex with her, it's not rape. Yeah, that used to be a popular verdict in courts many years ago.


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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 11:51:24 AM   
tj444


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Joined: 3/7/2010
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quote:

ORIGINAL: SirKelvar
and she didn't know it wasn't her boyfriend till light shined on his face....to this I call BS but I must ask for the ladies opinions on here is it possible to make such a mistake in identity or is this someone who just got caught cheating and is lying her way out of it?

I would have responded to caresses and kisses if I was still half asleep.. that is a hazy time for me where everything is surreal.. and I rarely drink..

I am guessing this rapist was sharing a house or apartment with the woman (each with separate bedrooms).. and i expect the prosecutors believe the victim and considered what happened to her to be rape.. I doubt if they had thought she was cheating with the guy or any hint of that, that they would have gone thru the exercise.. In the link to the article, there was nothing said to suggest that imo..

Imo, the rapist was trying to make a move on the woman even tho she had a boyfriend, and once the boyfriend left and he knew she was drunk and sleeping, he figured why not try?.. imo, he counted on her being drunk & decided to take advantage of that.. and who knows, maybe the "act" took all of 2 minutes.. so perhaps not enough time for her to realize this was not her boyfriend..

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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 11:53:25 AM   
OsideGirl


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From: United States
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quote:

ORIGINAL: AthenaSurrenders

Is it possible for a drunk person to mistake someone for a different person in the dark? Yes.



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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 2:59:42 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
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quote:

ORIGINAL: OsideGirl


quote:

ORIGINAL: AthenaSurrenders

Is it possible for a drunk person to mistake someone for a different person in the dark? Yes.



but it seems to me that having sex with her while making her think he was her boyfriend if she was that drunk would still be rape

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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 3:06:45 PM   
OsideGirl


Posts: 14449
Joined: 7/1/2005
From: United States
Status: offline
quote:

ORIGINAL: BamaD


quote:

ORIGINAL: OsideGirl


quote:

ORIGINAL: AthenaSurrenders

Is it possible for a drunk person to mistake someone for a different person in the dark? Yes.



but it seems to me that having sex with her while making her think he was her boyfriend if she was that drunk would still be rape


It goes beyond that. If she was that drunk, she actually wasn't even capable of consent. So, any sexual contact at that point could be considered rape.

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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 3:19:42 PM   
MariaB


Posts: 2969
Joined: 4/3/2007
Status: offline 		If the guy really did pose as her boyfriend and if she really believed it was her boyfriend then yes, it was rape.

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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 7:00:25 PM   
LafayetteLady


Posts: 7683
Joined: 5/2/2007
From: Northern New Jersey
Status: offline
quote:

ORIGINAL: SirKelvar

Okay now this is really weird I found a story on yahoo today about a guy who supposedly 'got off' only because of a judges interpretation of a rape law from the 1800s. Well I am sorry but I would have my own reasons for letting the guy off supposedly the guy 'pretended' to be the woman's boyfriend and had sex with her till completion while drunk....and she didn't know it wasn't her boyfriend till light shined on his face....to this I call BS but I must ask for the ladies opinions on here is it possible to make such a mistake in identity or is this someone who just got caught cheating and is lying her way out of it?


The guy didn't "get off."  The case was remanded back to the lower courts for a new trial.  Basically, they question whether impersonating someone, which results in consent, constitues rape.  However, they strongly suggested that the prosecution drop that portion of the argument, and instead concentrate on the fact that having sex with a sleeping person constitutes rape.

I'm not saying that I agree with the decision.  However, I have never been drunk enough to black out and not know what was going on.  Apparently, that condition is not unusual for some people.  I have been extremely drunk and had guys make passes or comments about sex and they were quickly told what would happen to them if they tried.  I was not, however, asleep.

What the article doesn't answer is how the guy got into her house to start with.  It doesn't mention they lived in the same house or even that she knew the man.  So I would think that his entering her house without permission should have some weight as well.

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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 7:55:02 PM   
Powergamz1


Posts: 1927
Joined: 9/3/2011
Status: offline 		Nobody 'got off', it wasn't a matter of 'interpretation', and the fact that rape has been codified as a crime since the 1800s isn't the issue. That's all media hype.

As pointed out in the other thread on this case. he is being retried because the prosectution improperly double charged him by adding in the bit about impersonating a spouse. No interpretation required to understand that boyfriends aren't spouses.

When he is retried under the correct section about rape by confusing the victim as to the 'essential characteristics' of the act, he'll be right back where he belongs.


quote:

ORIGINAL: SirKelvar

Okay now this is really weird I found a story on yahoo today about a guy who supposedly 'got off' only because of a judges interpretation of a rape law from the 1800s. Well I am sorry but I would have my own reasons for letting the guy off supposedly the guy 'pretended' to be the woman's boyfriend and had sex with her till completion while drunk....and she didn't know it wasn't her boyfriend till light shined on his face....to this I call BS but I must ask for the ladies opinions on here is it possible to make such a mistake in identity or is this someone who just got caught cheating and is lying her way out of it?



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RE: Mistaken Identity Rape Case Lie or Truth? - 1/4/2013 9:01:37 PM   
Missokyst


Posts: 6041
Joined: 9/9/2006
Status: offline 		Should be. But apparently not. Now, if he would have come in and raped her and she had not believed it to be her returning boyfriend, then it would be rape. Seems like this is a loophole they should have closed long ago.

quote:

ORIGINAL: BamaD


quote:

ORIGINAL: OsideGirl


quote:

ORIGINAL: AthenaSurrenders

Is it possible for a drunk person to mistake someone for a different person in the dark? Yes.



but it seems to me that having sex with her while making her think he was her boyfriend if she was that drunk would still be rape



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