<p>NESCAC used the Massachusetts legal definition. Not very much wiggle room at all. And, using this definition, it doesn;'t matter whether women or men consider it rape, only whether the law would. Same questions asked across campuses. </p>
<p>The aggregation of data across multiple campuses reduces standard deviation very significantly.</p>
<p>As to the 1 in 6 number, it is probably correct if the question was “have you ever been raped”? If you ask, using the Massachusetts legal definition, but not using the word rape, it will likely be higher. And I know with certainty that this question has been thoroughly reviewed as part of the survey methodology.</p>
<p>This really just isn’t that difficult. (Now asking people over the phone whether they use heroin, now THAT’S a difficult survey.)</p>
<p>Under Massachusetts law, consent under the influence of drugs or alcohol is valid consent unless a person is significantly physically or mentally impaired. I am not sure what that means though, able to walk?</p>
<p>It is meant, deliberately, to be left to a jury to decide. (Our state law is like that as well.) It is in full recognition that one size won’t fit all. </p>
<p>One needs to remember that very few rape cases are ever prosecuted. They are almost always pled down to sexual assault, assault, misdemeanor assault, or a range of other crimes. This is especially true if you’re not Black and/or poor.</p>
<p>zoosermom, my daughters went to an all girls school, so it never came up, but if we ever did drop off a boy at home or noticed a lone boy waiting for a ride home after practice, we definitely would have waited. Absolutely we would have.</p>
<p>watched the 20/20 episode. found it odd how Ma’lik continually denied that the victim was impaired/drunk, figured he’d deny that he knew this was rape, but to deny she was drunk? suspect his attorney advised these statements as said attorney seemed to be denying any wrongdoing, claiming nothing non consensual occurred.</p>
<p>I can’t understand why ANY decent defense attorney would let his client speak to the press before being fully acquitted by a court. Can’t imagine the teen decided to talk with press unless his atty agreed. Very odd to me too. </p>
<p>Anyone charged with anything is best off just keeping quiet and making the prosecutor try to prove its case. In Sandusky, also found it very odd that he was interviewed by media apparently with his attorneys blessing as well. Inexplicable to me.</p>
<p>^yes, very odd that he was talking. I had a strong dislike for Ma’lik’s attorney, seemed so personally invested in maligning the victim, by implying this was consensual despite all the social media indicating it was rape.</p>
<p>Steubenville’s newspaper, The Herald Star, has done a good job covering this story. From yesterday’s paper: An out-of-the area judge has been appointed to preside over a grand jury. The grand jury will check out aspects of this case not addressed in juvenile court. ie involvement of other young people, and cover ups by adults such as coaches, school officials, local prosecutors etc. </p>
<p>I have read that the victim’s family, through their attorney, have released a stmt that they DO NOT want this grand jury to convene, DO NOT want anyone else charged, etc. They just want it all over so they can focus on their daughter and returning to some semblance of a normal life.</p>
<p>I would guess that the attorney completely buys in to rape culture, and that he could not imagine that anyone would think that what went on wasn’t consensual. In his mind, probably the fact that the victim was voluntarily drinking meant that she consented to whatever happened. (The fact that she may have been drugged in addition being irrelevant, since she drank.)</p>
<p>Speaking of drugs, how difficult is it to get these date-rape drugs?</p>
<p>In almost every case, the best advice an attorney can give to the defendant is to keep his mouth shut. It doesn’t matter whether you think your client is guilty. </p>
<p>Ma’lik’s attorney made some odd decisions. He conceded early on that it was Ma’lik in the photo carrying the girl, for example. He let Ma’lik talk to the press then stopped him from answering some questions.</p>
<p>I can’t believe that ABC video posted in #930. They clearly show her last name! How terribly, terribly irresponsible. And I’m sure it’s no accident.</p>
<p>I imagine that if high schools now are anything like they were in the 1970s, it would be fairly easy to obtain any kind of drug.
Its probably even easier now with " teh internets"
[Date</a> rape drug - Wikipedia, the free encyclopedia](<a href=“http://en.wikipedia.org/wiki/Date_rape_drug]Date”>Date rape drug - Wikipedia)</p>
<p>Alcohol is the #1 date rape drug & I would say that combining alcohol with many sedatives or relaxants would more than double the effect.</p>
<p>I don’t think the attorney for the victim believes in the crape culture but is just voicing what the victim and her family want. If others are prosecuted it would make any civil action much easier but probably everyone who loves the victim want her to have some peace. It has been painful for her and her family. No excuse for news to include victim’s name anywhere.</p>
<p>I didn’t see the victim’s name in the video, but reality is that it’s been out there for months. </p>
<p>To me, the real issue is that this may not have been the only rape. If you listen to that vile Nodi rant which was posted on youtube, he mentions another rape. Posters on local sports message boards also refer to it. Allegedly a 14 year old was raped by members of the football team–NOT necessarily the same 2 people–last April.</p>
<p>While Anonymous got a lot wrong in this case and did some really vile things, it has said from the beginning that there were probably 2 other rapes. </p>
<p>IF–and it’s a BIG IF–that’s true, part of what happened in this case may be that members of the same group of friends allegedly got away with a rape which did not involve normal sexual intercourse before. </p>
<p>It takes a lot of courage to press criminal charges in a case like this. If there was another rape–I emphasize the fact that I have NO idea whether Nodi knows what he is talking about–then I think the AG NEEDS to pursue the leads and find out. There’s a chance that if there was a rape the victim may be more willing to come forward now because there’s a much greater chance she will be believed. Of course, having seen what the poor victim in the recently concluded case has lived through, the alleged April victim and her parents may be less willing. </p>
<p>IF at this point the AG thinks there may have been another rape, I think the AG has the obligation to continue the investigation, even though the victim of the known and proven rape would prefer otherwise.</p>
<p>HImom, 2 different attorneys were involved in the posts above. It’s Ma’lik’s attorney, not the victim’s, who another poster thought had bought into the rape culture.</p>
<p>If there is no evidence about the other rape (or two) than what was referenced in the Nodi video it will be hard to prosecute anyone. Not sure if any of the young people will talk. It’s possible the victims are unaware of what happened to them, especially if they were pretty drunk or drugged at the time. </p>
<p>Not sure what defense attorneys believed, but “boys will be boys” and of course victim was willing, has always sold traditionally, so it was probably what all in defense were most comfortable with.</p>
<p>I think these parties were frequent. I was shocked at how many appeared to have been at the first party. It sort of reminds me of the case where Kitty in NY was murdered while many stood idly by and did nothing. Oh yeah, these teens took and circulated videos and photos. Sometimes the social groupthink makes people reluctant to step forward and perhaps have themselves be the new target for ‘entertainment.’</p>
<p>FYI, a lot of recent research has been done proving that the actual facts of the Kitty Genovese case are quite different from what was reported at the time and has become fixed in people’s minds as “fact.” It seems that a number of people did call the police, and that the actual murder did not take place out in plain sight.</p>