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_Kissy_
OT: Court Rules Severely Disabled Woman Wasn't Raped Because She Didn't 'Bite, Kick or Scratch' Her Assailant
by _Kissy_
October 3, 2012 at 9:05 PM


Court Rules Severely Disabled Woman Wasn't Raped Because She Didn't 'Bite, Kick or Scratch' Her Assailant

Truly outrageous standard.

In a 4-3 ruling Tuesday afternoon, the Connecticut State Supreme Court overturned the sexual assault conviction of a man who had sex with a woman who “has severe cerebral palsy, has the intellectual functional equivalent of a 3-year-old and cannot verbally

communicate.” The Court held that, because Connecticut statutes define physical incapacity for the purpose of sexual assault as “unconscious or for any other reason. . . physically unable to communicate unwillingness to an act,” the defendant could not be convicted if there was any chance that the victim could have communicated her

lack of consent. Since the victim in this case was capable of “biting, kicking, scratching, screeching, groaning or gesturing,” the Court ruled that that victim could have communicated lack of consent despite her serious mental deficiencies:

When we consider this evidence in the light most favorable to sustaining the verdict, and in a manner that is consistent with the state’s theory of guilt at trial, we, like the Appellate Court, ‘are not persuaded that the state produced any credible evidence that the [victim] was either unconscious or so uncommunicative that she was physically incapable of manifesting to the defendant her lack of consent to sexual intercourse at the time of the alleged sexual assault.’

According to the Rape, Abuse, and Incest National Network (RAINN), lack of physical resistance is not evidence of consent ,as “many victims make the good judgment that physical resistance would cause the attacker to become more violent.” RAINN also notes that lack of consent is implicit “if you were under the statutory age of consent, or if you had a mental defect” as the victim did in this case.

Anna Doroghazi, director of public policy and communication at Connecticut Sexual Assault Crisis Services, worried that the Court’s interpretation of the law ignored these concerns: “By implying that the victim in this case should have bitten or kicked her assailant, this ruling effectively holds people with disabilities to a higher standard than the rest of the population when it comes to proving lack of consent in sexual assault cases. Failing to bite an assailant is not the same thing as consenting to sexual activity.” An amicus brief filed by the Connecticut advocates for disabled persons argued that this higher standard “discourag[ed] the prosecution of crimes against persons with disabilities” even though “persons with a disability had an age-adjusted rate of rape or sexual assault that was more than twice the rate for persons without a disability.”

http://www.alternet.org/civil-liberties/court-rules-severely-disabled-woman-wasnt-raped-because-she-didnt-bite-kick-or

Replies

  • ayacocca
    October 3, 2012 at 9:16 PM

    what... in sam hell... I am SO hoping that this isn't real. WHAT IS THIS WORLD COMING TO??? Wow.. karma is going to %$@# this jerk up; literally.

  • sammygrl77
    October 3, 2012 at 11:37 PM
    WTF?!! This ruling breaks my heart.
  • 29again
    by 29again
    October 4, 2012 at 12:33 AM

    jaw dropwow.  This gives a whole new meaning to the phrase "blind justice."

  • Sekirei
    by Sekirei
    October 4, 2012 at 12:38 AM

    Sick nasty people 


  • SallyMJ
    by SallyMJ
    October 4, 2012 at 12:45 AM

    I don't think this is accurate - Can't find this topic on any regular news site. It is dated March 2012.  If something this outrageous, it would be all over the regular newspapers and news sites. But it's not. 

    So I think it's a hoax.

  • SallyMJ
    by SallyMJ
    October 4, 2012 at 5:37 PM

    I'm sure this is a hoax, see my post below.

    Quoting ayacocca:

    what... in sam hell... I am SO hoping that this isn't real. WHAT IS THIS WORLD COMING TO??? Wow.. karma is going to %$@# this jerk up; literally.


  • SallyMJ
    by SallyMJ
    October 4, 2012 at 5:37 PM

    This is a hoax, see below.

    Quoting Sekirei:

    Sick nasty people 



  • SallyMJ
    by SallyMJ
    October 4, 2012 at 5:38 PM

    Hoax - see below

    Quoting sammygrl77:

    WTF?!! This ruling breaks my heart.


  • SallyMJ
    by SallyMJ
    October 4, 2012 at 5:38 PM

    Hoax - see below

    Quoting 29again:

    jaw dropwow.  This gives a whole new meaning to the phrase "blind justice."


  • Sekirei
    by Sekirei
    October 4, 2012 at 5:41 PM

    see what?

    Quoting SallyMJ:

    This is a hoax, see below.

    Quoting Sekirei:

    Sick nasty people 




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