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http://www.krtv.com/story/38502966/mears-charged-with-using-a-machete-to-force-a-man-to-have-sex-with-her
Quote:Mears, 19 years old, has been charged with two felonies: aggravated burglary, and assault with a weapon. She has also been charged with the following misdemeanors: unlawful restraint; partner/family member assault; and two counts of criminal mischief.
There is no word yet on whether additional charges - such as sexual intercourse without consent - may be filed.
Think she will be ever be charged with sexual assault?
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(06-26-2018, 04:25 PM)PhilHos Wrote: http://www.krtv.com/story/38502966/mears-charged-with-using-a-machete-to-force-a-man-to-have-sex-with-her
Think she will be ever be charged with sexual assault?
Hell, that's what we call getting lucky on Saturday Night in KY.
As to the uncharged sexual intercourse without consent. Doesn't having a Mr Happy give consent?
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(06-26-2018, 04:31 PM)bfine32 Wrote: As to the uncharged sexual intercourse without consent. Doesn't having a Mr Happy give consent?
No, it doesn't. Anymore than a woman being "wet" is consent to penetrate her.
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That must have been one serious case of PMS. 
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(06-26-2018, 04:34 PM)PhilHos Wrote: No, it doesn't. Anymore than a woman being "wet" is consent to penetrate her.
Correct. It's a physiological response we have no real control over.
Unfortunately, though, that will be a defense used in this situation. That if he was aroused then he obviously wanted it. Sexual assault cases are difficult for a number of reasons and it's why so many are never charged, let alone convicted.
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(06-26-2018, 04:34 PM)PhilHos Wrote: No, it doesn't. Anymore than a woman being "wet" is consent to penetrate her.
This version gives a tad more detail of the story.
http://thesmokinggun.com/documents/bizarre/montana-machete-assault-295730
Seems to me, that when she bit him, and continued having sex, as he was trying to "end", kind of seems like forcible rape to me. Even if he did submit out of fear, and perform with a "trauma" induced erection.
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I think the problem with his story is that he was able to take pictures of her with the weapon and use the phone without being in fear. Then they argued after the sex without her hurting him.
I was looking for a vandalism charges for pisssing on his bed, but that must be one of the "criminal mischief" charges.
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Hit.
Although my only question is: what kind of rapist allows you to take photos?
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This seems to be one of those circumstances where a person knows he or she can get away with committing a crime and gleefully takes advantage of it. Ugh, this stuff just hits me right in the gut...but that's just me.
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(06-26-2018, 11:17 PM)Nately120 Wrote: This seems to be one of those circumstances where a person knows he or she can get away with committing a crime and gleefully takes advantage of it. Ugh, this stuff just hits me right in the gut...but that's just me.
WTF are you talking about? She was charged with 2 serious felonies.
In this case it looks like the facts that would support a rape or sexual assualt charge are kind of sketchy.
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(06-26-2018, 11:25 PM)fredtoast Wrote: WTF are you talking about? She was charged with 2 serious felonies.
In this case it looks like the facts that would support a rape or sexual assualt charge are kind of sketchy.
If she is charged with rape, I wonder if the defense brings up what the guy was wearing.
(Not making light of the question, as it used to be raised in rape cases where women are victims. Just wondering how the role reversal might change perceptions and questions in court.)
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(06-26-2018, 11:25 PM)fredtoast Wrote: WTF are you talking about? She was charged with 2 serious felonies.
In this case it looks like the facts that would support a rape or sexual assualt charge are kind of sketchy.
I'm sure the defense will get at least a few men on the jury who think the situation is funny or sexy. We should all be so lucky to have our crazy exes break into our homes while wielding machetes. Amirite guys?
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I just wish men could get a fair break in the courts once in awhile.
Someone should organize a march.
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(06-26-2018, 06:28 PM)fredtoast Wrote: I think the problem with his story is that he was able to take pictures of her with the weapon and use the phone without being in fear. Then they argued after the sex without her hurting him.
Didn't he say he snuck a phone call to the police? Couldn't he have surreptitiously taken her picture, too?
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(06-26-2018, 11:25 PM)fredtoast Wrote: In this case it looks like the facts that would support a rape or sexual assualt charge are kind of sketchy.
I don't see how they're sketchy if he felt threatend by the machete at the time of the sex. Even if the threat turned out to not really be there based on the aftersex stuff, isn't it still sexual assault if he felt forced to submit to sexual intercourse?
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(06-27-2018, 01:45 AM)Dill Wrote: If she is charged with rape, I wonder if the defense brings up what the guy was wearing.
(Not making light of the question, as it used to be raised in rape cases where women are victims. Just wondering how the role reversal might change perceptions and questions in court.)
How often is that actually brought up in rape cases?
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(06-27-2018, 09:48 AM)GMDino Wrote: I just wish men could get a fair break in the courts once in awhile.
I know you're being facetious, but you do realize men are punished worse than women for the same crimes, right?
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Sounds like rape under Montana law. Unfortunately for the victim, the cops may think his arousal was consent and are failing to charge her.
That or they're worried it won't hold up.
It's a shame.
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(06-27-2018, 12:43 PM)PhilHos Wrote: How often is that actually brought up in rape cases?
In the last decade, I am not sure. Before that, frequently. That was a big feminist criticism of the conduct of rape cases--trying the victim's character instead of the perpetrator's act.
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(06-27-2018, 12:42 PM)PhilHos Wrote: I don't see how they're sketchy if he felt threatend by the machete at the time of the sex. Even if the threat turned out to not really be there based on the aftersex stuff, isn't it still sexual assault if he felt forced to submit to sexual intercourse?
If he was afraid of the machete then he would not have tried to push her off of him after he ejaculated to end the sex. He can't claim he was only afraid until he came.
She was sitting on the bed with her back to the wall when he took multiple photos. Again this indicates he was not afraid.
He also texted his sister while he was in the room with the "rapist".
This girl is not innocent, but it does not sound like a strong case for rape charges.
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