rape or attempted or bs?

[IgnorantWT]

What is the name of your state? ohio

How far does it have to go for a person to get busted for rape or attempted rape? If a person touches someone else anywhere on that other person's body and that other person allows it too continue until he/she says stop, can the touched person bust the other for attempted rape or rape? Details if responded to.

 

[gobonas99]

Once a person says STOP, that means "Stop, I do not want this to go any further." I believe that if the other person attempts anything AFTER being told to stop, they can have charges brought against them - WHETHER OR NOT CONTACT WAS ALLOWED BEFORE THEY SAID "STOP".

 

[IgnorantWT]

Once STOP has been stated and no other act has been committed, can the "accused" be busted? How far does it go? Can a person who simply feels violated or dirty or whatever (guilty for not stopping it before it went as far as it did, I'd say) prosecute the "acussed" for rape, attempted or anything else? Is there a time issue? Does the time from the incident in question and the time that a report or complaint is made change the credibility or the outcome of the issue?

 

[Illinois Parent]

There are time limits for reporting a crime. The amount of time between the act and the report does determine if charges can be brought at all.

Seeing as you're asking, and sounding angry, I'm guessing the statute of limitations has not run out.

As for the passage of time affecting credibilty is concerned, that may be a factor. So too will a lot of other things. Such as the ages, positions of authority/power of each party. As well as the circumstances preceeding the 'event', like, was she drunk or in some way compromised in her ability to give consent? Was there mental duress or coercion?

These things are what gets argued in court. If there is enough evidence to proceed with a trial, then something must be there to convince the prosecution that a finding of guilt is at least possible. That would include the credibility of the complaining victim and the credibility of the defendant.

 

[Boxcarbill]

What is the name of your state? ohio

How far does it have to go for a person to get busted for rape or attempted rape? If a person touches someone else anywhere on that other person's body and that other person allows it too continue until he/she says stop, can the touched person bust the other for attempted rape or rape? Details if responded to.

Criminal law is an entirely different ball game from civil law. Civil law requires the mere preponderance of evidence (i.e. a little more likely than not that "X" happened) for the plaintiff to win. That is to say that, yes, a swearing match of, "he said, she said," can fly with a jury in a civil case. It cannot in a criminal case.

There must be sufficient evidence to get a conviction. The burden of proof is "beyond reasonable doubt" and the mere swearing match of "he said; she said," flat will not hack it. Each and every element of the offense must be established by the state. Even if the prosecutor were stupid enough to file the case and the jury were simple enough to convict and the trial judge was simple enough to deny a Motion for Directed Verdict, the case would be reversed on appeal on the basis of insufficient evidence to support a conviction. So unless there is more evidence to this than "he said, she said" it isn't going anywhere. But learn from this experience and chose your sexual partners more carefully.

 

[GKris]

The charge of rape or attempted rape (if there is such a thing) is a little rash from what you are explaining. For a rape to occur in laymen's terms would include the forcible penetration of another person either vaginally, anally, or orally. The pentration could be done with anything from your penis to a pencil. The "touching" would something akin to indecent contact or simple assault. Of course if the person making the statement in under age then the game changes a bit.

 

[IgnorantWT]

From what has been stated, kissing and penetration of the tongue from one mouth to another sounds like rape. If someone rammed his/her tongue into another's mouth without the other's permission or even knowledge (say the first kiss surprised), has the kisser has just raped the kissee?
How far can a civil case go? If he said/she said can fly, what kind of charges are involved? Sentencing?

 

[gobonas99]

"From what has been stated, kissing and penetration of the tongue from one mouth to another sounds like rape. If someone rammed his/her tongue into another's mouth without the other's permission or even knowledge (say the first kiss surprised), has the kisser has just raped the kissee?"

This would more likely be classified as sexual assault, rather than rape.

 

[IgnorantWT]

Sexual assault. Molestation. To what degree can the original question be classified?
If a person touches someone else anywhere on that other person's body and that other person allows it too continue until he/she says stop, can the touched person bust the other?
If so, as what? How would you go about proving that it happened? What are these "statute of limitations", Illinois Parent?

 

[stephenk]

instead of giving examples of situations, why dont you explain what actually happened.

 

[IgnorantWT]

I don't know what happened. I know of a woman that has accused a man of molesting her in the past. Years in the past. She didn't give details. I did ask if she ever told this person that he had permission, if permission was implied somehow or if she ever told him to stop and he continued anyway. She said that there was no permission stated. She did not come out and say,"Yes, you may touch me this way." She didn't say anything until later when things looked like they were going too far. She said stop and he did. But, she wondered if she could press charges of rape or anything else along that line against him. So, because she used the word rape, I assumed penetration but I don't know. But, he didn't continue after she said stop. She did mention that both were drinking that night, also.
I didn't know what to say. It was years since it happened and they both drank that night. How is any of this going to be proved? What can she do to prove it happened and what can he do to prove it didn't? Does it even matter years from the time it took place? And while we're at it, how much time does it take after an incident to make a difference in the decision of whether it matters or doesn't? What would this be considered? Rape? Molestation? Sexual assualt? He did stop.
This brings up something of the top of my head. I know that because someone is drunk, they aren't fully capable of making decisions clearly. So, maybe an incident like this wouldn't have gone this far if she stopped him earlier. But, because she was drunk, is it automatically his fault? What about the other shoe? If he was sober, maybe he wouldn't have gone that far. He obviously wanted to do it but wasn't stopped until later. And, he did stop when she said to. Does this mean that it was not anything at all? He was sober enough to control himself then. I can't help think that maybe she allowed him to go so far, but did stop him when she began to feel uncomfortable. But, because she felt uncomfortable, she felt violated and therefore must seek action. Why did she consider doing something now? She said she couldn't keep it bottled up inside of her. She still sees this person around in public and it keeps reminding her of it. She does not, however, talk to him about it or has told anyone else for some time.

 

[Boxcarbill]

I don't know what happened. I know of a woman that has accused a man of molesting her in the past. Years in the past. She didn't give details. I did ask if she ever told this person that he had permission, if permission was implied somehow or if she ever told him to stop and he continued anyway. She said that there was no permission stated. She did not come out and say,"Yes, you may touch me this way." She didn't say anything until later when things looked like they were going too far. She said stop and he did. But, she wondered if she could press charges of rape or anything else along that line against him. So, because she used the word rape, I assumed penetration but I don't know. But, he didn't continue after she said stop. She did mention that both were drinking that night, also.
I didn't know what to say. It was years since it happened and they both drank that night. How is any of this going to be proved? What can she do to prove it happened and what can he do to prove it didn't? Does it even matter years from the time it took place? And while we're at it, how much time does it take after an incident to make a difference in the decision of whether it matters or doesn't? What would this be considered? Rape? Molestation? Sexual assualt? He did stop.
This brings up something of the top of my head. I know that because someone is drunk, they aren't fully capable of making decisions clearly. So, maybe an incident like this wouldn't have gone this far if she stopped him earlier. But, because she was drunk, is it automatically his fault? What about the other shoe? If he was sober, maybe he wouldn't have gone that far. He obviously wanted to do it but wasn't stopped until later. And, he did stop when she said to. Does this mean that it was not anything at all? He was sober enough to control himself then. I can't help think that maybe she allowed him to go so far, but did stop him when she began to feel uncomfortable. But, because she felt uncomfortable, she felt violated and therefore must seek action. Why did she consider doing something now? She said she couldn't keep it bottled up inside of her. She still sees this person around in public and it keeps reminding her of it. She does not, however, talk to him about it or has told anyone else for some time.

He doesn't have to prove that it didn't happen. She or the state has to prove that it did happen. Like I said; it isn't going anywhere. Reread my post, above. There is a vast difference between reporting a crime and collection of evidence "rape kit" and then how long before the statute of limitations runs and this none case. If she needs absolution, she needs to see a priest. If she is having guilt over her sexual fling, she needs to see a psychologist. The case is not going anywhere, legally--civilly or criminally.


As to some earlier posts, GKris is from Texas and so what he was loosely referring to in his statements re: vagina, anal and oral pentration by AYTHING was that TX sexual assault statute is pentration of the female sexual organ or anus by any means, or pentration of the mouth with the sexual organ of another or the mouth of the person to come into sexual contact with the sexual organ or anus of another, without the person's consent. So, no, a tongue swabbing in a kiss is not sexual assault; nor is putting a stick of gum or cigarette in someone's mouth sexual assault. Sexual assault is the legal teminology for the common term rape. Yes, there can be an attempted sexual assault just as there can be an attempted burglary. But, your facts, do not meet that standard either.

 

[GKris]

This starting to sound like the saturday night wrestling matches that took place in many many backseats at the drive in when I was coming of age. I had dozens of dates and naturally tried to go as far as I could with each. I stopped when asked to and didnt when not asked to. Am I a rapist? No I was a horny guy with borrowed beer from Dad's stash. How does this constitute a sexual charge? Was she held against her will? Was she driven someplace then threatened? I think its starting to sound very weak. With this standard, I could be in lots of trouble with a bunch of ex-cheerleaders.

 

[IgnorantWT]

Your replies have been very helpful. I have a clearer understanding now and I hope she can understand the legal aspect of what I've told you from you all. I don't believe she will feel at ease, since she "thinks" she has been victimized. I've told her that there are consequences and she's definately old enough to know that. Then and now. She wanted to make sure. I still feel bad for her, though.

 

[discreet7]

I'm with Boxcarbill...she needs a shrink or a priest...more often than not, the actual trials involving rape are more difficult for the raped than the accused. Not to mention if this occured several years or even months ago, it's going to boil down to he said, she said. There might be some idiot prosecutor that would take it, but I'll bet not many.