The investigators also asked Hair for permission to check his uniforms for semen.

“I don’t know my rights. Do I have to?” the former officer asked. “I don’t think I want to do that.”

I plead the right to no blacklight searches!

  • LordGimp@lemm.ee
    link
    fedilink
    English
    arrow-up
    0
    ·
    5 months ago

    People in police custody cannot legally consent to sex. Regardless of how willing she was, she was still being held against her will. That, by california law, is still rape.

    By your reasoning, would threatening a woman until she has sex with you still count as rape? Because you seem to be saying that everything is fine and dandy as long as the woman eventually consents, regardless of circumstance.

    • no_kill_i@lemmy.ca
      link
      fedilink
      English
      arrow-up
      0
      ·
      5 months ago

      Coerced consent is not consent, so sex after threats is rape, yeah, I agree with you there. But that’s not what happened in this case. I don’t think the two scenarios are the same.

      The cop still committed a crime, I just don’t think the crime is rape.

      • Trofont@lemmy.world
        link
        fedilink
        English
        arrow-up
        0
        ·
        5 months ago

        According to California law it’s literally rape. So you’re quibbling over fine line definitions for no reason. In addition, the woman would not have had sex with him if not for his position and authority. The fact that she didn’t scream and complain is irrelevant. It’s the same as if a woman doesn’t fight off an aggressor because shes afraid of more or worse violence. The lack of physical resistance is not consent.