Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Those drunk on their own can't be considered 'mentally incapacitated' in rape cases
#31
(03-28-2021, 12:48 PM)GMDino Wrote: The way I am reading it the statute does not say that if you got drunk on your own so that has been used to get around the law.  Lawyers I suppose using the exact words to say what isn't said. Or it could have been an interpretation by the judges at some point.

As I said in the OP that it they have known about this but nothing changed and that is stupid.

Yes and I think it lists specifically what it entails. I don’t know that it was some sort of write around though. They may not have even considered this depending how old the law is. I think it’s a matter of they simply never enacted a law based on this specific occurrence and so prosecutors relied on this law. (Any or all of this could be wrong. I’m surmising based on the article. )
“History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure.”-Thurgood Marshall

[Image: 4CV0TeR.png]
Reply/Quote





Messages In This Thread
RE: Those drunk on their own can't be considered 'mentally incapacitated' in rape cases - michaelsean - 03-28-2021, 01:14 PM

Forum Jump:


Users browsing this thread: 1 Guest(s)