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Court Requires Disabled Rape Victim To Prove She Resisted, Calls For Evidence Of ‘Biting, Kicking, Scratching’
By Zack Beauchamp on Oct 3, 2012
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 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.
That's the 3-paragraph limit. I'm disenheartened that a court would do this. If anyone knows or has family members in this condition, resistance is not what is going to happen. It makes me too sick to say anymore, but you guys judge. More at link:
'Legitimate rape' is what the GOP calls it. Trumad's OP shows they are still winning, although Akin is gone.
Posted by freshwest | Thu Jan 29, 2015, 01:49 PM (0 replies)
That one really made people think about the future.
That one really made me think about the present.
That one was uplifting to me.
That one may surprise some.
Posted by freshwest | Thu Jan 29, 2015, 02:29 AM (0 replies)
“They may have to make the fence and guard the fence a little bit better than they have been doing lately.”
Really now, Randy-Poobah?
The White House already has a fence made before you were born - buzz!
What do you plan to do, surround the place with your private security:
What a lovely vision...
Drones fly over fences, they don't stop at fences or for guards - you are a waste of protoplasm!
Posted by freshwest | Thu Jan 29, 2015, 12:41 AM (0 replies)
"I'm not going to kill you. I want you to do me a favor: I want you to tell all your friends about me."
"WHAT ARE YOU?!"
Posting Privileges Revoked
Revoked by Skinner (Administrator)
Jan 28, 2015
Posted by freshwest | Wed Jan 28, 2015, 07:05 PM (1 replies)
Posted by freshwest | Wed Jan 28, 2015, 04:05 PM (0 replies)
Bow down everyone! Quick, before he shoots laser beams from his eyes and turn 'em all into crispy critters!
No wonder RWNJs are skeert! But your and I, friend, are safe from the Wrath of the Obamas! Quick, Omar's coming!
Posted by freshwest | Tue Jan 27, 2015, 07:44 PM (0 replies)
I thought only Muslim men were permitted to encircle that big rock. IDK, some say it's a meteor.
Maybe Charles has converted? But I'm wondering alternatively, if it has to do with being royalty?
Posted by freshwest | Tue Jan 27, 2015, 07:39 PM (0 replies)
So organized crime gets a free pass now. No wonder the GOP loves Putin.
Even if Putin's a capitalist and his foreign policy is imperialist.
At least he isn't a yankee!
Okay, that's settled. Back to our regularly scheduled program of how Putin will bring a socialist utopia.
As disgusted as I am with predatory capitalism, and all capitalism for that matter, and fascist privatization schemes, I don't think Putin is gonna help.
He's near Koch brothers level in his personal wealth now. Of course, that's why Libertarians love the man!
For when DU's headbang icon isn't enough.
Posted by freshwest | Tue Jan 27, 2015, 02:44 PM (1 replies)
Eisenhower & Patton Visit The Nazi Death Camps
Published on Jun 25, 2014
While perusing the National Archives I came across this film about the liberation of the Nazi concentration camps by the US at the end of the Second World War. It was at once repulsive and fascinating. It is an in your face look at the ultimate horror. We get A view of the aftermath of large scale mechanized slaughter of countless numbers of innocent people, and the shattered survivors. Below is a breakdown of what the film contains
Anyway it is an important film but not for those who are offended by the showing of graphic images. If you are DON'T WATCH!
Those are comments by the uploader, ChiTownView. It has not even gotten 2,000 views, when AJ, et al, get millions.
R.1: Army Lt. Col. George C. Stevens, Navy Lt. E. Ray Kellogg and U.S. Chief of Counsel Robert H. Jackson read exhibited affidavits which attest to authenticity of scenes in film. Map of Europe shows locations of concentration camps in Austria, Belgium, Bulgaria, Czechoslovokia, Danzing, Denmark, France, Germany, Isle of Jersey, Latvia, Netherlands, Poland and Yugoslavia. At Leipsig Concentration Camp, there are piles of dead bodies, and many living Russian, Czechoslovakian, Polish and French prisoners. At Penig Concentration Camp, Hungarian women and others display wounds. Doctors treat patients and U.S. Red Cross workers move them to German Air Force hospital where their former captors are forced to care for them.
R.2: At Ohrdruf Concentration Camp, inspection team composed of Allied military leaders, members of U.S. Congress and local townspeople tours camp. Among them are Generals Dwight David Eisenhower, Supreme Headquaters Allied Expeditionary Forces commander; Omar Nelson Bradley; and George S. Patton. General Eisenhower speaks with Congressmen. They see bodies heaped on grill at crematorium and Polish, Czechoslovakian, Russian, Belgian, German Jews and German political prisoners. Col. Heyden Sears, Combat Command A, 4th Armored Division commander, forces local townspeople to tour camp. U.S. officers arrive at Hadamar Concentration Camp, where Polish, Russian and German political and religious dissidents were murdered. Maj. Herman Boelke of U.S. War Crimes Investigation Team (WCIT) examines survivors. Bodies are exhumed from mass graves for examination, identification and burial. Four-man panel interviews facility director Dr. Waldman and chief male nurse Karl Wille.
For more on this part of the story follow this link:
R.3:At Breendonck Concentration Camp, Belgium, methods of torture are demonstrated. At Harlan Concentration Camp near Hannover, U.S. Red Cross aides Polish survivors. Allied troops and able-bodied survivors bury dead. At Arnstadt Concentration Camp, German villagers are forced to exhume Polish and Russian bodies from mass graves.
R.4: At Nordhausen Concentration Camp, there are piles of bodies. Troops treat, feed and remove survivors who are mainly Polish, Russian and French. At Mauthausen Concentration Camp, Navy Lt. Jack H. Taylor stands with fellow survivors and describes his capture, imprisonment and conditions at Mauthausen. Volunteers bathe victims.
R.5: At Buchenwald Concentration Camp, Army trucks arrive with aid for survivors. Piles of dead, mutilated and emaciated bodies. Some survivors among dead. Huge ovens and piles of bone ash on floor of crematorium. Civilians from nearby Weimar are forced to tour camp. They see exhibits of lampshades made of human skin, and two shrunken heads.
R.6: British commander of Royal Artillery describes conditions at Bergen-Belsen Concentration Camp. German Army Schutzstaffel (SS) troops are forced to bury dead and aid survivors. Woman doctor, former prisoner, describes conditions in female section of camp. Belson commander Kramer is taken into custody. German guards bury dead. Bulldozer pushes piles of bodies into mass graves.
Producer: National Archives
Creative Commons license: CC0 1.0 Universal
National Archives and Records Administration - ARC 43452, LI 238.2 - NAZI CONCENTRATION CAMPS - DVD Copied by Ann Galloway. Series:
Producer: National Archives and Records Administration
Keywords: archives.gov; public.resource.org
Creative Commons license: CC0 1.0 Universal
This is what I saw in school. It's why little people do shocks me and manufactured outrage doesn't move me.
This is the real thing, not a sanitized version. Eisenhower thought we should know what happened. In our current era, we have fantasies presented with only slogans, no deep thinking or feelings about how to protect others from being made into the 'Other.' Which is just what happened in Germany.
BTA, please post the links to those other threads and I'll try to look at them tomorrow. I will PM you about some stuff later this week if I remember.
Posted by freshwest | Tue Jan 27, 2015, 04:31 AM (1 replies)
Where is the proof that what Joe says in the OP is a lie?
BERNIE SANDERS Uncovers 1980 Koch Agenda- "What Do the Koch Brothers Want?"
What else do the Koch brothers want?
In 1980, David Koch ran as the Libertarian Party’s vice-presidential candidate in 1980.
Let’s take a look at the 1980 Libertarian Party platform.
Here are just a few excerpts of the Libertarian Party platform that David Koch ran on in 1980:
“We urge the repeal of federal campaign finance laws, and the immediate abolition of the despotic Federal Election Commission.”
In other words, the agenda of the Koch brothers is not only to defund Obamacare. The agenda of the Koch brothers is to repeal every major piece of legislation that has been signed into law over the past 80 years that has protected the middle class, the elderly, the children, the sick, and the most vulnerable in this country...
Tomorrow it will be Social Security, ending Medicare as we know it, repealing the minimum wage. It seems to me that the Koch brothers will not be content until they get everything they believe they are entitled to.
Our great nation can no longer be hijacked by right-wing billionaires like the Koch brothers.
For the sake of our children and our grandchildren, for the sake of our economy, we have got to let democracy prevail.
We've heard these memes for years, Americans have come to believe this is how it has to be.
Another explanation of this here:
How Freedom Became Tyranny
Rightwing libertarians have turned “freedom” into an excuse for greed and exploitation.
George Monbiot - December 19, 2011
Freedom: who could object? Yet this word is now used to justify a thousand forms of exploitation. Throughout the rightwing press and blogosphere, among thinktanks and governments, the word excuses every assault on the lives of the poor, every form of inequality and intrusion to which the 1% subject us. How did libertarianism, once a noble impulse, become synonymous with injustice?
In the name of freedom – freedom from regulation – the banks were permitted to wreck the economy. In the name of freedom, taxes for the super-rich are cut. In the name of freedom, companies lobby to drop the minimum wage and raise working hours. In the same cause, US insurers lobby Congress to thwart effective public healthcare; the government rips up our planning laws; big business trashes the biosphere. This is the freedom of the powerful to exploit the weak, the rich to exploit the poor.
Right-wing libertarianism recognises few legitimate constraints on the power to act, regardless of the impact on the lives of others. In the UK it is forcefully promoted by groups like the TaxPayers’ Alliance, the Adam Smith Institute, the Institute of Economic Affairs and Policy Exchange. Their conception of freedom looks to me like nothing but a justification for greed.
So why have we been been so slow to challenge this concept of liberty? I believe that one of the reasons is as follows. The great political conflict of our age – between neocons and the millionaires and corporations they support on one side and social justice campaigners and environmentalists on the other – has been mischaracterised as a clash between negative and positive freedoms.
More at the link about the meaning of positive and negative freedoms and how the word is being used against us:
So, really, what in that platform opposes crony capitalism?
NOTHING. Sending all public assets into private hands is done by crony capitalists!
What in it appeals to moderates who want to keep the social safety net?
NOTHING. It is a manifesto to eliminate that.
Where is the denunciation of ALEX with all its egregrious attacks on Equality and the Public Good?
NOWHERE. Joe and Mika, like Walker, Scott (both of them), Christie, Perry, Paul, Boehner and so many others - are nothing more than paid lackeys for the Kochs.
Even though we've discussed them a good deal on DU, the majority of Americans know little of them or how their agenda affects their well-being, that of their children and future generations. They still believe that news is as fair as it was in the best of the Morrow days, and don't appear to know the Fairness Doctrine has been eviscerated, and the networks aren't required to show boths sides, and don't have to prove they exist in the public interest. That was once a mandatory annual review.
There is so much more wrong in the media, from emotional or psychological brainwashing, the distortion of facts, the denial of human truths... that the American Mind is blown away and doesn't know where to start. Meanwhile, Rush, O'Reilly, Beck, Hannity and the rest of them are paid tens of millions of dollars annually.
And he who pays the fiddler, picks the tune, they'll say anything!
Posted by freshwest | Tue Jan 27, 2015, 02:31 AM (0 replies)