# It's rape week in law school

**URL:** https://boards.straightdope.com/t/its-rape-week-in-law-school/697869
**Category:** Miscellaneous and Personal Stuff I Must Share
**Created:** [September 8, 2014, 2:53pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869 "2014-09-08T14:53:47Z")
**Posts on this page:** 20
**Page:** 1

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### Author: ![pancakes3](https://avatars.discourse-cdn.com/v4/letter/p/ba9def/32.png) [@pancakes3](https://boards.straightdope.com/u/pancakes3)
#### Post date: [September 8, 2014, 2:53pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/1 "2014-09-08T14:53:47Z")

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And it’s 100x worse than rape week on SDMB.

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### Author: ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)
#### Post date: [September 8, 2014, 3:02pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/2 "2014-09-08T15:02:50Z")

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Did you read the duty of the common carrier case? Where the girl got raped twice on her way home, after being ejected between stations for missing her stop. The court made sure to note that she was raped by a soldier AND a hobo. (Edit: Hines v. Garret)

Ain’t no rape week like law school rape week.

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### Author: ![Lanzy](https://avatars.discourse-cdn.com/v4/letter/l/74df32/32.png) [@Lanzy](https://boards.straightdope.com/u/Lanzy)
#### Post date: [September 8, 2014, 3:17pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/3 "2014-09-08T15:17:23Z")

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example?

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### Author: ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)
#### Post date: [September 8, 2014, 3:21pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/4 "2014-09-08T15:21:07Z")

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Habeus Erectus?

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### Author: ![dougie\_monty](https://avatars.discourse-cdn.com/v4/letter/d/439d5e/32.png) [@dougie\_monty](https://boards.straightdope.com/u/dougie_monty)
#### Post date: [September 8, 2014, 3:52pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/5 "2014-09-08T15:52:45Z")

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Non compos mentis.

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### Author: ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)
#### Post date: [September 8, 2014, 4:06pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/6 "2014-09-08T16:06:01Z")

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> [@Hello\_Again](#):
>
> Did you read the duty of the common carrier case? Where the girl got raped twice on her way home, after being ejected between stations for missing her stop. The court made sure to note that she was raped by a soldier AND a hobo. (Edit: Hines v. Garret)
> 
> Ain’t no rape week like law school rape week.

And the defense argued that the railroad wasn’t liable, because the hobo was white. You see, it might have been foreseeable that the girl was raped by a black hobo, but one of the benefits of civilization is that such crimes are not common, except when perpetrated by the race who so recently were savages of Africa.

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### Author: ![Hypno-Toad](https://avatars.discourse-cdn.com/v4/letter/h/b2d939/32.png) [@Hypno-Toad](https://boards.straightdope.com/u/Hypno-Toad)
#### Post date: [September 8, 2014, 5:03pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/7 "2014-09-08T17:03:46Z")

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This could explain why our attornies are so good at covering their asses.

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### Author: ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)
#### Post date: [September 8, 2014, 6:07pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/8 "2014-09-08T18:07:52Z")

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> [@Hello\_Again](#):
>
> The court made sure to note that she was raped by a soldier AND a hobo. (Edit: Hines v. Garret)

I’ll take Double Jeopardy for 500 Alex.

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### Author: ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)
#### Post date: [September 8, 2014, 6:25pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/9 "2014-09-08T18:25:54Z")

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> [@Bricker](#):
>
> And the defense argued that the railroad wasn’t liable, because the hobo was white. You see, it might have been foreseeable that the girl was raped by a black hobo, but one of the benefits of civilization is that such crimes are not common, except when perpetrated by the race who so recently were savages of Africa.

_Damn_.

Did it work?

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### Author: ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)
#### Post date: [September 8, 2014, 7:32pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/10 "2014-09-08T19:32:29Z")

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I worked one summer for my crim law prof, and I recall researching a case out of Australia where a man was charged with sexually desecrating a woman’s dead body. As his defense, he argued that he reasonably believed that she was alive but unconscious during the act. The court rejected the defense and noted that the defendant’s argument amounted to, “I didn’t think I was desecrating a dead body; I thought I was raping a live woman.”

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### Author: ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)
#### Post date: [September 8, 2014, 8:11pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/11 "2014-09-08T20:11:17Z")

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Sure that wasn’t _Ladue v. The Queen_ from Yukon?

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### Author: ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)
#### Post date: [September 8, 2014, 8:13pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/12 "2014-09-08T20:13:24Z")

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We had rape week in criminal law, but the Professor took pains to note that while we would cover the cases, there would not be a rape question on the final.

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### Author: ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)
#### Post date: [September 8, 2014, 8:19pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/13 "2014-09-08T20:19:49Z")

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> [@pancakes3](#):
>
> And it’s 100x worse than rape week on SDMB.

We didn’t have a rape week in my first year Crim class. We had a two month session on cannibalising a cabin boy.

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### Author: ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)
#### Post date: [September 8, 2014, 8:21pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/14 "2014-09-08T20:21:43Z")

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> [@Miller](#):
>
> _Damn_.
> 
> Did it work?

Not exactly. But as best I recall the case – and remember it’s been _mumblety-frotz_ years since law school – she won at trial, and then the appeals court vacated the decision because the trial court didn’t explicitly determine whether she was a paying passenger and when (if ever) she stopped being a passenger and thus ended the railroad’s responsibility for her. She settled before the retrial for something like $100.

I only remember it as well as I do because it’s literally in the area I grew up: the train took her out of DC and into Alexandria – she would have walked past Quaker Lane and Little River Turnpike, a corner only a couple of miles from my boyhood home.

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### Author: ![Quercus](https://avatars.discourse-cdn.com/v4/letter/q/7ab992/32.png) [@Quercus](https://boards.straightdope.com/u/Quercus)
#### Post date: [September 8, 2014, 8:21pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/15 "2014-09-08T20:21:48Z")

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I knew someone who was studying to be an official sign-language translator, as in for the courts.  
According to her, it’s somehow much much ickier to sign anything sex-related than to say it (which makes sense. I can say “cunnilingus” and even feel academic and proper saying a nice Greek/Latin word. But that’s a hard attitude to feel when I’m making a V with two fingers and holding it in front of my mouth while I wiggle my tongue in the crotch of the two fingers. )

I’m just saying, cheer up, “Rape Week” at law school might no be as bad as “Sex Crimes Week” at sign language school.

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### Author: ![rbroome](https://avatars.discourse-cdn.com/v4/letter/r/838e76/32.png) [@rbroome](https://boards.straightdope.com/u/rbroome)
#### Post date: [September 8, 2014, 8:35pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/16 "2014-09-08T20:35:55Z")

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> [@Quercus](#):
>
> I knew someone who was studying to be an official sign-language translator, as in for the courts.  
> According to her, it’s somehow much much ickier to sign anything sex-related than to say it (which makes sense. I can say “cunnilingus” and even feel academic and proper saying a nice Greek/Latin word. But that’s a hard attitude to feel when I’m making a V with two fingers and holding it in front of my mouth while I wiggle my tongue in the crotch of the two fingers. )
> 
> I’m just saying, cheer up, “Rape Week” at law school might no be as bad as “Sex Crimes Week” at sign language school.

I have to admit, that would be the worst thing ever in school. I am usually not bothered too much by such things, but sex crimes week in sign language school crosses all the lines…

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### Author: ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)
#### Post date: [September 8, 2014, 8:38pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/17 "2014-09-08T20:38:55Z")

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> [@Quercus](#):
>
> I can say “cunnilingus” and even feel academic and proper saying a nice Greek/Latin word. But that’s a hard attitude to feel when I’m making a V with two fingers and holding it in front of my mouth while I wiggle my tongue in the crotch of the two fingers.

What if there’s [jizz everywhere](https://www.youtube.com/watch?v=SFgEGmAbJew)?

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### Author: ![Malthus](https://avatars.discourse-cdn.com/v4/letter/m/85f322/32.png) [@Malthus](https://boards.straightdope.com/u/Malthus)
#### Post date: [September 8, 2014, 8:41pm UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/18 "2014-09-08T20:41:14Z")

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> [@Northern\_Piper](#):
>
> We didn’t have a rape week in my first year Crim class. We had a two month session on cannibalising a cabin boy.

Was it a “how to” presentation? 😛

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### Author: ![Isilder](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@Isilder](https://boards.straightdope.com/u/Isilder)
#### Post date: [September 9, 2014, 1:27am UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/19 "2014-09-09T01:27:10Z")

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… A defense to rape is “innocent, consent”

Are you covering malicious prosecution, prosecutions where everyone knows the case is going to end up at not guilty ?

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### Author: ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)
#### Post date: [September 9, 2014, 1:28am UTC](https://boards.straightdope.com/t/its-rape-week-in-law-school/697869/20 "2014-09-09T01:28:03Z")

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> [@Bricker](#):
>
> I only remember it as well as I do because it’s literally in the area I grew up: the train took her out of DC and into Alexandria – she would have walked past Quaker Lane and Little River Turnpike, a corner only a couple of miles from my boyhood home.

Small world; my boyhood home was right up the hill from there.

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