5 ms·
One avenue, couched in specifics of US law, but I presume the ideas have analogs in Germany's legal system: A battery occurs when a harmful physical contact oc
by greggyb 10mo ago
One avenue, couched in specifics of US law, but I presume the ideas have analogs in Germany's legal system:
A battery occurs when a harmful physical contact occurs. Contact with a weapon is pretty much by definition battery.
The use of such a drug in the commission of rape or other violent crimes would then be a very easily proven case. If the substance is present in a victim's body, then battery has occured, basically by definition.
Given that rape and other violent crimes that are committed with the use of such drugs may not leave other physical signs on the body of the victim, then this may be the only physical evidence.
The examination for presence of such a drug in the bloodstream is also much less intrusive than for a typical rape kit exam.
There's nothing binary or black and white in such investigations, so this is an additional avenue to provide evidence to support the prosecution of these violent criminals.
- jojobas 10mo ago> If the substance is present in a victim's body There is a possibility that the accused has nothing to do with it, you still have to prove it wasn't some third party or the victim who procured and took the drug.
- im3w1l 10mo ago> you still have to prove it wasn't some third party or the victim who procured and took the drug. Does it actually work that way in the real world?
- jonahrd 10mo agoYes, people can and do recreationally take GHB quite often. (also commonly used in date rape cases) The same can be said for MDMA, and others
- im3w1l 10mo agoLet me clarify. I meant the following. Assume ghb is found and evidence of sex. The woman claims she didn't take it and didn't want to have sex. Wouldn't this be enough for a conviction?
- galagawinkle489 10mo ago[dead]
- fsckboy 10mo agoif the jury believed the woman's claims, yes, it's enough for conviction. conviction rates are high not because it's easy to prove guilt, but because district attorneys don't bring case that are likely to be lost. the scenario you describe might not be considered strong enough to win, and resources are limited, so this hypothetical case might not get a hearing.
- nasmorn 10mo agoNot in German law. There are no plea bargains there.
- fsckboy 10mo agoi'm not talking about a plea bargain, i'm talking about declining to prosecute, not filing charges after an arrest, or asking the court to dismiss the charges i am sure that every victim allegation does not lead to a prosecution in Germany
- johnisgood 10mo agoIt should not be enough for a conviction.
- jojobas 10mo agoOtherwise it would have been a free send anyone promiscuous to jail card. Have sex, take a tiny amount of whatever drug it is, straight to cops.