“This tosses out date rape “
How is date rape not rape? Rape is rape. When she or even he says “no” it’s rape.
Most date rapes happen in fact because the woman, and now a man, can’t say “no”. Either they are too drunk or been slipped the “date rape drug” Rohypnol, sometimes both.
Dude sexual predators are slick. Just because a woman or a man can’t consent does not mean the predator has the right of way.
Here’s a website on Rohypnol:
http://www.womenshealth.gov/publications/our-publications/fact-sheet/date-rape-drugs.html
I’m sorry. I know that date rape is rape. However, there are many situations where it is a he said she said, and I wouldn’t want an innocent guy who maybe didn’t know how drunk a girl was at a party, to go into the electric chair. Of course I would want any convicted rapist to go to prison. But if that was his first time, and if the evidence didn’t point to force clearly (roofies would ), then I’d not want him to get the death penalty.
A guy who assumed the girl was willing, but later she says she was drunk and didn’t know what she was doing and tried to protest but he didn’t understand her because she seemed to be going along, shouldn’t die over that.
And that guy would never do it again. He’d make sure his partners were wide sober and willing so as not to be arrested for rape again.
A real rapist would do it again. And then the death penalty.
I was just wiping out those confusing cases to prove.