Comments On: CA Court: It's Not Rape If You're Not Married by Sarah Mirk http://blogtown.portlandmercury.com/BlogtownPDX/archives/2013/01/04/ca-court-its-not-rape-if-youre-not-married Comments On: CA Court: It's Not Rape If You're Not Married by Sarah Mirk en-us Copyright 2013 Portland Mercury. All rights reserved. This RSS file is offered to individuals, Portland Mercury readers, and non-commercial organizations only. Any commercial websites wishing to use this RSS file, please contact Portland Mercury. webmaster@portlandmercury.com (Portland Mercury Webmaster) Sun, 19 May 2013 00:00:01 -0700 Sun, 19 May 2013 08:15:00 -0700 Foundation http://blogs.law.harvard.edu/tech/rss <![CDATA[Re: CA Court: It's Not Rape If You're Not Married]]> Posted by Graham]]> Fri, 04 Jan 2013 16:41:57 -0800 Portland Mercury <![CDATA[Re: CA Court: It's Not Rape If You're Not Married]]>
2 Oregon Laws:
A) Murder
B) Murder with a Blue Car

Everyone watches defendant murder someone on purpose with his truck. He yells "I'm going to kill you with this truck and I've been planning to do so for months."

Prosecutor stupidly charges Defendant with Murder with a Blue Car. Jury convicts. Defendant appeals and says "there was no evidence I murdered with a BLUE CAR." Appeals court says "you're right. The state has to prove you used a blue car to convict you of Murder with a Blue Car. You get a new trial."

New trial: Prosecutor 2 charges Defendant with Murder. Defendant is convicted of Murder.

Maybe the state legislature takes Murder by Blue Car off the books, but more likely, every other prosecutor simply charges Murder as they have been doing and ignores a basically superfluous law with unnecessary extra elements to prove.

FIN.
Posted by Commenty Colin]]> Fri, 04 Jan 2013 14:24:10 -0800 Portland Mercury <![CDATA[Re: CA Court: It's Not Rape If You're Not Married]]>
While it's not ideal, it's actually evidence the legal system works: A prosecutor used the wrong law, the trial court applied the law improperly, and both got busted on it.

This guy will now be retried on the correct theory and almost certainly convicted. He will not walk on double jeopardy.
Posted by Commenty Colin]]> Fri, 04 Jan 2013 13:55:26 -0800 Portland Mercury <![CDATA[Re: CA Court: It's Not Rape If You're Not Married]]>
Also, how did the guy get into the house? Did the boyfriend allow this?
Posted by ROM]]> Fri, 04 Jan 2013 13:29:05 -0800 Portland Mercury <![CDATA[Re: CA Court: It's Not Rape If You're Not Married]]> Posted by TheOnlySanePersonInTheWorld]]> Fri, 04 Jan 2013 11:53:11 -0800 Portland Mercury