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04-27-24 11:40 AM
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Xeogaming Forums - Debate Shrine - "Rape" banned in a rape trial
  
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Elara
Posts: 4536/9734
Pretty much that is how it sounds. "Sex" is pretty much the only word allowed in the case. And like the article said, due to the mistrial being declared they can't appeal to a higher court about the ruling so it still stands.
Makura
Posts: 1497/1555
Yeah, what are they supposed to call it, fornication? It's not consentual sex, is the jury supposed to assume that every time a lawyer says, sex they mean rape?
Ryan
Posts: 1108/1748
That is pretty stupid... I mean, I'd guess rape a very common way of naming such an event, as would saying "sexual assault". I can't really see what the judge or jury could use as replacements... A load of crap.

EDIT: This actually leaves the jury such a great opportunity to say "SHE GOT FUCKED IN THE ASS!!!"
Elara
Posts: 4528/9734
Explain banning "sexual assault", the more PC term for rape.
Logos
Posts: 599/641
Lawyers have a good vocabulary, so they're not going to have a problem. "Rape" is a very strong word, and I think a cogent statement is far more compelling than an emotional one.
Makura
Posts: 1362/1555
I can understand banning the word for specific reasons if it was being abused, but since the article doesn't stipulate that I say that this judge is a womanizing pig. I can understand banning 'Rape,' but words like sexual assault? And I think it's worse because a prosecutor could say 'forced sexual penetration,' or 'violent sexual acts,' aren't those more detailed and sound more incriminating? These fucktards.
Elara
Posts: 4509/9734
Yeah, how are they even to announce the charges if the words for it are banned?

Honestly, this whole thing infuriated me when I heard about it. It really does come across as silencing the victim, and it discourages other victims from coming forward themselves. I mean, already many think "he'll get off, what's the point" and this just reinforces it.
Makura
Posts: 1360/1555
Isn't not using the word rape creating a bias? Maybe someone said this, but if the guy did rape her, or sexually assaulted her than that needs to be said. "Rape" is a technical term for a charge, and if convicted the judge and/or juror would have to say the word.

Duh, mother fucker.
avatar of law
Posts: 450/486
i wanted to post this like two weeks ago, but i couldnt find any good articles online to post a link to so i gave up, and hoped rogue or someone else would've posted it, and here we are

but regardless, this judge's a dee dee dee -.-'

"The judge had also ordered the ban in Safi's first trial, which ended in a hung jury in November."

go figure, a hung jury the first time... i wonder what'll happen this time -.-'
obv the jury cant reach a decision, because even they wont know what the case is about, with all the restrictions on words.
geeogree
Posts: 215/246
well, I thought the point of a trial was for each side to attempt to "mislead" the jury towards their position.

Why certain words are banned from use is pretty stupid. Like Nagis said, they'll just have to use something like unwanted sex which isn't quite as forceful of a word as rape, the fact that these words were banned could be swaying the jury as it is. (wow that was a bad sentence)...
Bitmap
Posts: 4730/7838
How else would you call "Rape"?

Sexual unwanted penetration?

Like what Vidar said, its a load of bullshit. Honestly, that judge is a little too frisked if you ask me.
Astrophel
Posts: 1805/2724
Gigantic load of bullshit.

I really don't think I have anything else to contribute.

No, wait, yes I do.


Cheuvront barred attorneys and witnesses from using words including "rape," "victim," "assailant" and "sexual-assault kit," and ordered witnesses to sign papers saying they wouldn't use the words. Words such as "sex" and "intercourse" were allowed.

State law allows judges to bar words or phrases that could prejudice or mislead a jury.


And not using those words doesn't mislead the jury?
Elara
Posts: 4507/9734
The Story as it stands

What are your thoughts on the judge's ruling to ban the words "rape", "sexual assault", "sexual assault nurse", and "sexual assault/rape kit"?
Xeogaming Forums - Debate Shrine - "Rape" banned in a rape trial



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