Freya Registered User
Joined: 20 Sep 2004 Posts: 486 Location: The back end of Nowhere
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Posted: Fri Aug 11, 2006 11:19 pm Post subject: Ranty |
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I have a question: Why is it that when a man forces his penis into a woman's vagina, it is considered rape in New York state and he is given a certain amount of time in jail. Yet if someone stuffs anything else into a woman's vagina, it is considered sexual assault in New York state and he walks. Where is the logic in this? _________________ All hail the queen of weeee!
Weeeeee! |
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Elfen_Furry Moderator
Joined: 18 Jun 2002 Posts: 2601 Location: NYC NY
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Posted: Sat Aug 12, 2006 3:08 pm Post subject: |
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Every state has its own laws as defined in the Book of 'Penal Code'
Therefore there is no true accross the nation terms for sex assaults.
But from what I know from my training:
Rape is unwanted/unconsented sex by force, coercsion, etc to a female (I forget either 12 or) 14 years of age or older. Sex by NYS Law is entry into a vagina by a penis, no matter how slight. Girls under this age, its considered sodomy. Sodomy within itself contains its own set of rules, and includes both sexes and multiple points of entry.
Sexual assault is when there is unwanted/unconsented/unlawful touching and/or penetration (no matter how slight) by anything the perpetraitor's ownership (parts of his body body other than his penis) into/onto a female victim's body.
Unfortunately, This is how NYS works. If it were Hawaii, Sexual Assault is Rape, but a lesser form. So palyfully slapping your female friends butt, and she gets annoyed with it- becomes rape in Hawaii, but sexual assault in NYS.
I'll see about getting the NYS Penal Code book for you. The laws are sometimes unfair; that I know.
Sexual assault is often harder to prove than Rape, because of lack of evidence and other factors. In court cases, it eventually becomes a fight of words of your words vs. his; and any slip up by you (the victim) is enough to set the bastard free. The eyes of the law only sees things in black and white, not greys. Greys are subjugated into dark and bright, and then into black and white; often it needing to be a very dark grey for it to be a black.
Lastly, in a rape case, when there is DNA evidence, the courts may not have to call her to trail (but most do), and the case is won on that. In sexual assault, where there may not be any evidendence, the victim must face her defiler, and that scares many victims away; without a victim, there can be no case against the defiler. Bail is also set at a lower price for sexual assaulters than they are for rapists.
Sorry, there is no logic. _________________ SHARKS In The Gene Pool South of Kosovo!
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