# Is this legal? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 28, 2013, 6:29am UTC](https://boards.straightdope.com/t/is-this-legal/654160 "2013-03-28T06:29:34Z")\ **Posts on this page:** 20\ **Page:** 10
**Author:** ![Speak\_to\_me\_Maddie](https://avatars.discourse-cdn.com/v4/letter/s/58956e/32.png) [@Speak\_to\_me\_Maddie](https://boards.straightdope.com/u/Speak_to_me_Maddie)\ **Post date:** [April 12, 2013, 12:04am UTC](https://boards.straightdope.com/t/is-this-legal/654160/181 "2013-04-12T00:04:46Z")
> [@ogional](#): > > forgot to add aspergers can be used in any crime as a defense even RAPE. (makes mental note) ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 12, 2013, 12:32am UTC](https://boards.straightdope.com/t/is-this-legal/654160/182 "2013-04-12T00:32:17Z")
> [@ogional](#): > > wait a second this doesn’t make sense First thing you said I could agree with. > [@ogional](#): > > forgot to add aspergers can be used in any crime as a defense even RAPE. Now we’re back on track. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [April 12, 2013, 12:39am UTC](https://boards.straightdope.com/t/is-this-legal/654160/183 "2013-04-12T00:39:29Z")
> [@ogional](#): > > forgot to add aspergers can be used in any crime as a defense even RAPE. On the off chance that you’re serious, you need to get some real fuckin clarity on this RIGHT NOW. In small part because if you believe it’s true, you risk exposing yourself to prison via the bad legal advice somebody gave you. In medium part because if you’re willing to use your Asperger’s as a defense for poor behavior, you’re going to act like an asshole and everyone will hate you for it. In large part because if you believe the bit about its being a defense against rape, you risk becoming a terrible monster. Aspergers and other mental illnesses can explain bad behavior, but plenty of folks with Aspergers are decent people who treat others well. Those people I’ve known who have mental illness and use it as a defense for their bad behavior are horrible people. ---
**Author:** ![ogional](https://avatars.discourse-cdn.com/v4/letter/o/779978/32.png) [@ogional](https://boards.straightdope.com/u/ogional)\ **Post date:** [April 12, 2013, 12:43am UTC](https://boards.straightdope.com/t/is-this-legal/654160/184 "2013-04-12T00:43:57Z")
> [@Left\_Hand\_of\_Dorkness](#): > > On the off chance that you’re serious, you need to get some real fuckin clarity on this RIGHT NOW. In small part because if you believe it’s true, you risk exposing yourself to prison via the bad legal advice somebody gave you. In medium part because if you’re willing to use your Asperger’s as a defense for poor behavior, you’re going to act like an asshole and everyone will hate you for it. In large part because if you believe the bit about its being a defense against rape, you risk becoming a terrible monster. > > Aspergers and other mental illnesses can explain bad behavior, but plenty of folks with Aspergers are decent people who treat others well. Those people I’ve known who have mental illness and use it as a defense for their bad behavior are horrible people. People with Asperges can get away with rape or a lesser charge. People with aspergers can’t always read facial expressions. So they can’t tell if someone wants something or doesn’t want something. Therefore “rape” happens. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 12, 2013, 12:57am UTC](https://boards.straightdope.com/t/is-this-legal/654160/185 "2013-04-12T00:57:07Z")
> [@ogional](#): > > People with Asperges can get away with rape or a lesser charge. People with aspergers can’t always read facial expressions. So they can’t tell if someone wants something or doesn’t want something. Therefore “rape” happens. Does it cause you to not understand “Stop raping me?” ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [April 12, 2013, 1:03am UTC](https://boards.straightdope.com/t/is-this-legal/654160/186 "2013-04-12T01:03:55Z")
> [@ogional](#): > > People with Asperges can get away with rape or a lesser charge. People with aspergers can’t always read facial expressions. So they can’t tell if someone wants something or doesn’t want something. Therefore “rape” happens. Did someone tell you this, or did you just conclude it? Because I’m certain it’s wrong. There has never been a rape charge in history based on the evidence “but she was making an unhappy face!” That’s not how rape charges work. And if you know that you can’t read facial expressions, that doesn’t mean you can act like an asshole. That means you need to go out of your way to get extra clarification from people about whether they’re okay wtih things. Again: if you use your condition as a defense, YOU ARE BEING AN ASSHOLE. Your condition does not allow you to be an asshole to others. It requires you to check with them to see if they’re consenting to your behavior in a way that you can understand. Do you think that non-English speakers can use their lack of English as a defense against rape? Because they’re far more limited in their communication than you are. ---
**Author:** ![Ms.Pumpkin](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@Ms.Pumpkin](https://boards.straightdope.com/u/Ms.Pumpkin)\ **Post date:** [April 12, 2013, 3:14am UTC](https://boards.straightdope.com/t/is-this-legal/654160/187 "2013-04-12T03:14:56Z")
> [@ogional](#): > > People with Asperges can get away with rape or a lesser charge. People with aspergers can’t always read facial expressions. So they can’t tell if someone wants something or doesn’t want something. Therefore “rape” happens. WTeverlovingF?! That’s one of the most ignorant things I’ve ever read. Possibly THE most ignorant. Someone tried raping me once. I’m sure he wasn’t even paying attention to my facial expression, what with all the **SCREAMING FOR HELP, PLEADING WITH HIM TO STOP, AND STRUGGLING TO GET HIM OFF ME**. Yup, made my “doesn’t want” pretty crystal clear to him, whether he had Aspberger’s or anything else. :rolleyes: ---
**Author:** ![ogional](https://avatars.discourse-cdn.com/v4/letter/o/779978/32.png) [@ogional](https://boards.straightdope.com/u/ogional)\ **Post date:** [April 12, 2013, 3:33am UTC](https://boards.straightdope.com/t/is-this-legal/654160/188 "2013-04-12T03:33:52Z")
> [@Left\_Hand\_of\_Dorkness](#): > > Did someone tell you this, or did you just conclude it? Because I’m certain it’s wrong. > > There has never been a rape charge in history based on the evidence “but she was making an unhappy face!” That’s not how rape charges work. > > And if you know that you can’t read facial expressions, that doesn’t mean you can act like an asshole. That means you need to go out of your way to get extra clarification from people about whether they’re okay wtih things. > > Again: if you use your condition as a defense, YOU ARE BEING AN ASSHOLE. Your condition does not allow you to be an asshole to others. It requires you to check with them to see if they’re consenting to your behavior in a way that you can understand. > > Do you think that non-English speakers can use their lack of English as a defense against rape? Because they’re far more limited in their communication than you are. Ya it don’t but its a defense none the less. There was an article somewhere on the internet talking about aspergers and rape. ---
**Author:** ![Jragon](https://avatars.discourse-cdn.com/v4/letter/j/e19b73/32.png) [@Jragon](https://boards.straightdope.com/u/Jragon)\ **Post date:** [April 12, 2013, 3:37am UTC](https://boards.straightdope.com/t/is-this-legal/654160/189 "2013-04-12T03:37:28Z")
Oh, well, if it was on the **internet** on a site you can’t remember the name of, it **must** be legit. ---
**Author:** ![sidhechaos](https://avatars.discourse-cdn.com/v4/letter/s/e47c2d/32.png) [@sidhechaos](https://boards.straightdope.com/u/sidhechaos)\ **Post date:** [April 12, 2013, 4:29am UTC](https://boards.straightdope.com/t/is-this-legal/654160/190 "2013-04-12T04:29:29Z")
oh for fucks sake. it’s a pity they can’t lock you up permanently for your own safety and the safety of others. ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [April 12, 2013, 5:29am UTC](https://boards.straightdope.com/t/is-this-legal/654160/191 "2013-04-12T05:29:43Z")
This is comedy GOLD. > [@snailboy](#): > > I’m not sure how things work in Florida but in Texas, some Walmarts are in dry areas and can’t sell beer. Even in parts of Dallas, this is so. (Luckily not my part.) And here in PA you can only buy alcohol at state run liquor stores. ---
**Author:** ![colander](https://avatars.discourse-cdn.com/v4/letter/c/e8c25b/32.png) [@colander](https://boards.straightdope.com/u/colander)\ **Post date:** [April 12, 2013, 5:45am UTC](https://boards.straightdope.com/t/is-this-legal/654160/192 "2013-04-12T05:45:29Z")
> [@ogional](#): > > People with Asperges can get away with rape or a lesser charge. People with aspergers can’t always read facial expressions. So they can’t tell if someone wants something or doesn’t want something. Therefore “rape” happens. > [@ogional](#): > > Therefore “rape” happens. > [@ogional](#): > > “rape” I’m thinking of asking this thread to marry me. What does everyone think of dark brownish-green bridesmaid’s dresses? …you know, because it’s the color of Asperges. ---
**Author:** ![Ms.Pumpkin](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@Ms.Pumpkin](https://boards.straightdope.com/u/Ms.Pumpkin)\ **Post date:** [April 12, 2013, 6:33am UTC](https://boards.straightdope.com/t/is-this-legal/654160/193 "2013-04-12T06:33:16Z")
> [@colander](#): > > I’m thinking of asking this thread to marry me. What does everyone think of dark brownish-green bridesmaid’s dresses? > > …you know, because it’s the color of Asperges. :snerk!: Oh, yeah - the quote marks. I thought they made the OP seem very “intelligent” and “insightful” - didn’t you? ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 12, 2013, 9:56am UTC](https://boards.straightdope.com/t/is-this-legal/654160/194 "2013-04-12T09:56:45Z")
To be fair to the OP, Aspergers has been used as a defense in criminal trials. Including rape trials. Too my knowledge it has never been used successfully, but it has been used. Not nearly as effective as the Chewbacca defense. ---
**Author:** ![Ms.Pumpkin](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@Ms.Pumpkin](https://boards.straightdope.com/u/Ms.Pumpkin)\ **Post date:** [April 12, 2013, 10:48am UTC](https://boards.straightdope.com/t/is-this-legal/654160/195 "2013-04-12T10:48:47Z")
> [@Loach](#): > > To be fair to the OP, Aspergers has been used as a defense in criminal trials. Including rape trials. Too my knowledge it has never been used successfully, but it has been used. Not nearly as effective as the Chewbacca defense. Oh, sure, but what about “rape” trials? 😉 Seriously, according to his logic (unable to process facial expression), the blind should all be walking around with free passes to rape as they please. I know it’s been used, but it’s gotta take a special mixture of desperate and dumb to actually consider trying it. Especially for the OP’s alleged crime of DUI. Did the beer can give him a “don’t drink me” expression that he misunderstood? The Chewbacca defense is _clearly_ the better way to go. I’m sure his defense attorney will be saying “It does not make sense” often enough as it is - might as well say it to a judge! ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [April 12, 2013, 11:01am UTC](https://boards.straightdope.com/t/is-this-legal/654160/196 "2013-04-12T11:01:08Z")
> [@ogional](#): > > Ya it don’t but its a defense none the less. There was an article somewhere on the internet talking about aspergers and rape. Okay, sure, it’s a defense. So is being profoundly stupid. It’s not a good defense, it’s not an ethical defense, it’s not a defense that’ll work. But if you want to hang your hat on the fact that a rapist is physically capable of saying, “But I have Asperger’s!” I won’t stop you. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 12, 2013, 11:32am UTC](https://boards.straightdope.com/t/is-this-legal/654160/197 "2013-04-12T11:32:27Z")
> [@Ms.Pumpkin](#): > > Oh, sure, but what about “rape” trials? 😉 > > Seriously, according to his logic (unable to process facial expression), the blind should all be walking around with free passes to rape as they please. > > I know it’s been used, but it’s gotta take a special mixture of desperate and dumb to actually consider trying it. Especially for the OP’s alleged crime of DUI. Did the beer can give him a “don’t drink me” expression that he misunderstood? > > The Chewbacca defense is _clearly_ the better way to go. I’m sure his defense attorney will be saying “It does not make sense” often enough as it is - might as well say it to a judge! It has been used in rape trials but not in “rape” trials. Or rape “trials”. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [April 12, 2013, 12:28pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/198 "2013-04-12T12:28:47Z")
Yeah, it’s sad **ogional** is so hard to understand that I don’t even really have the ability to sort through a lot of his stuff. Maybe he read that stuff like Asperger’s can be brought up in the sentencing phase of a criminal trial and can reduce your potential sentence. That much is definitely true, a judge or sentencing jury may factor in any number of things in deciding on a flexible sentence structure. But that just means maybe you won’t do the maximum sentence, it certainly doesn’t mean you have a snowball’s chance in hell of getting an acquittal. Having yourself declared mentally incompetent to the point of not being responsible for your actions criminally is an extremely high bar. Something like 2% of all cases the defendant tries to use the insanity defense and it is unsuccessful 75% of the time, so your statistical chances of any insanity defense working is very low. It’s also a relatively simple matter of law that if you are impaired driving under the influence of drugs, having a prescription for those drugs is no real defense. Was the OP even actually charged with DUI? Because it sounds like he was charged with possession of a controlled substance without a prescription, and had those charges dismissed when he produced a prescription–which makes sense. ---
**Author:** ![Ms.Pumpkin](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@Ms.Pumpkin](https://boards.straightdope.com/u/Ms.Pumpkin)\ **Post date:** [April 12, 2013, 1:22pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/199 "2013-04-12T13:22:25Z")
> [@Martin\_Hyde](#): > > Was the OP even actually charged with DUI? Because it sounds like he was charged with possession of a controlled substance without a prescription, and had those charges dismissed when he produced a prescription–which makes sense. You’re right - it was the Xanax. I think. I just re-read the OP (which proves once and for all that I really need to get a life). I _think_ he’s being charged with DUI because he failed the field sobriety test, and his prescription says he is to take one Xanax twice per day, but the officer is alleging the OP told him he had taken _two_ pills that morning. Nothing about the charge being dropped due to the validity of the prescription. I _think_. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 12, 2013, 1:32pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/200 "2013-04-12T13:32:53Z")
Is it Aspergers’ Week already? [Previous page](https://boards.straightdope.com/t/is-this-legal/654160.md?page=9) [Next page](https://boards.straightdope.com/t/is-this-legal/654160.md?page=11)