# Why is this woman not being charged with rape? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [July 2, 2018, 3:14pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161 "2018-07-02T15:14:20Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Tired\_and\_Cranky](https://avatars.discourse-cdn.com/v4/letter/t/a87d85/32.png) [@Tired\_and\_Cranky](https://boards.straightdope.com/u/Tired_and_Cranky)\ **Post date:** [July 2, 2018, 5:31pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/21 "2018-07-02T17:31:13Z")
> [@Quartz](#): > > If the sexes were reversed, it would be a slam dunk, right? No, rape cases involving victims in a relationship with the assailant are never slam dunk cases. It one reason why “date rape” is under-reported and why many such reported cases are never prosecuted. They may be sticking with charges that can be corroborated by other witnesses, such as the victim’s sister, or even better, by arresting officers. ---
**Author:** ![K2500](https://avatars.discourse-cdn.com/v4/letter/k/f6c823/32.png) [@K2500](https://boards.straightdope.com/u/K2500)\ **Post date:** [July 2, 2018, 5:33pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/22 "2018-07-02T17:33:59Z")
> [@Eonwe](#): > > No! Sorry if the sarcasm didn’t read through; there was a discussion a week or so ago about two famous/famous-ish people (whom I can’t recall), one of whom accused the other of abuse. Discussion devolved into whether or not the woman (the abused in this case) really deserved that much sympathy, because maybe she was staying in order to get something out of it, and if she was willing to stay in it at the beginning, why was the abuse all of a sudden such a big deal? > > I think that argument, as an immediate response to allegations, is nothing other that a way to blame the victim, minimize the abuse, and otherwise excuse awful behavior from abusers. > > This OP is an extension of the argument “men get the short end of the stick. Everyone believes women when they accuse men of rape, and no one cares about the men when women assault them.” I wanted to remind us (in sarcastic fashion) that only a few weeks ago plenty of people were eager to throw the female accuser under a bus as their first response to her stories of abuse. I see, guess it all went over my head. Way over. Sorry. ---
**Author:** ![Stana\_Claus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stana_claus/32/13874_2.png) [@Stana\_Claus](https://boards.straightdope.com/u/Stana_Claus)\ **Post date:** [July 2, 2018, 5:43pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/23 "2018-07-02T17:43:14Z")
How would one collect a rape kit from a male victim (for female on male rape)? Would the presence of vaginal fluid residue be something they could routinely check for? What other evidence would they look for? ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [July 2, 2018, 5:49pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/24 "2018-07-02T17:49:03Z")
> [@Stana\_Claus](#): > > How would one collect a rape kit from a male victim (for female on male rape)? Would the presence of vaginal fluid residue be something they could routinely check for? What other evidence would they look for? Not sure, but if the defense is consent, no evidence would be necessary. ---
**Author:** ![raventhief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/raventhief/32/4_2.png) [@raventhief](https://boards.straightdope.com/u/raventhief)\ **Post date:** [July 2, 2018, 5:52pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/25 "2018-07-02T17:52:02Z")
I imagine it may have something to do with how the victim reported it to the police. She threatened me with a machete, she told me to take off my clothes, i did, we had sex, then she bit me and threatened me again when I didn’t want to have sex again… Sounds awful, but it seems like it would depend on how he specifically reported it. ---
**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:** [July 2, 2018, 5:53pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/26 "2018-07-02T17:53:24Z")
> [@Stana\_Claus](#): > > How would one collect a rape kit from a male victim (for female on male rape)? Would the presence of vaginal fluid residue be something they could routinely check for? What other evidence would they look for? Anything that contains DNA. Bodily fluids. Intact hair. They also document any injuries found. ---
**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\ **Post date:** [July 2, 2018, 5:57pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/27 "2018-07-02T17:57:53Z")
> [@K2500](#): > > I dont understand. I was being sarcastic, too. That’s what alot of people ask women when they stay in abusive situations. “Why didn’t you just leave?” Or “Why did you go back to him?” It’s never an easy answer, male or female. But, I was thinking maybe ‘penetration’ defines rape in that jurisdiction. IDK, just a thought. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [July 2, 2018, 6:01pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/28 "2018-07-02T18:01:40Z")
Well her [mugshot](https://www.gannett-cdn.com/-mm-/e5ce31fc3c70bf5a145a4d524f82f8634451126c/c=0-0-1334-1778&r=537&c=0-0-534-712/local/-/media/2018/06/27/GreatFalls/GreatFalls/636657191047242805-Samantha-Mears.jpg) is really trying to give McKayla Maroney’s “_not impressed_” [photo](https://www.gannett-cdn.com/-mm-/bd2a6be28433310c8e3c18f305e9a90f94ac9dbb/c=0-29-1456-1970&r=537&c=0-0-534-712/local/-/media/2016/02/24/USATODAY/USATODAY/635919181946336905-AP-LONDON-OLYMPICS-ARTISTIC-GYMNASTICS-WOMEN-50591229.JPG) a run for it’s money! ---
**Author:** ![K2500](https://avatars.discourse-cdn.com/v4/letter/k/f6c823/32.png) [@K2500](https://boards.straightdope.com/u/K2500)\ **Post date:** [July 2, 2018, 6:22pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/29 "2018-07-02T18:22:06Z")
> [@Beckdawrek](#): > > I was being sarcastic, too. That’s what alot of people ask women when they stay in abusive situations. “Why didn’t you just leave?” Or “Why did you go back to him?” > It’s never an easy answer, male or female. > But, I was thinking maybe ‘penetration’ defines rape in that jurisdiction. IDK, just a thought. Yeah, those being very common rebuttals, that I’ve heard from people who speak them in complete seriousness many times, partly contributed to me missing the sarcasm the first time around. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [July 2, 2018, 6:45pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/30 "2018-07-02T18:45:38Z")
I know this is really improbable, but maybe, possibly, there’s an outside chance that the article doesn’t have all the facts right. ---
**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\ **Post date:** [July 2, 2018, 6:54pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/31 "2018-07-02T18:54:23Z")
> [@Omar\_Little](#): > > Well her [mugshot](https://www.gannett-cdn.com/-mm-/e5ce31fc3c70bf5a145a4d524f82f8634451126c/c=0-0-1334-1778&r=537&c=0-0-534-712/local/-/media/2018/06/27/GreatFalls/GreatFalls/636657191047242805-Samantha-Mears.jpg) is really trying to give McKayla Maroney’s “_not impressed_” [photo](https://www.gannett-cdn.com/-mm-/bd2a6be28433310c8e3c18f305e9a90f94ac9dbb/c=0-29-1456-1970&r=537&c=0-0-534-712/local/-/media/2016/02/24/USATODAY/USATODAY/635919181946336905-AP-LONDON-OLYMPICS-ARTISTIC-GYMNASTICS-WOMEN-50591229.JPG) a run for it’s money! Holy crap, she obviously has anger issues. Bitch needs a time-out. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [July 2, 2018, 6:59pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/32 "2018-07-02T18:59:15Z")
> [@TriPolar](#): > > I know this is really improbable, but maybe, possibly, there’s an outside chance that the article doesn’t have all the facts right. And its also possible that she might still be charged with whatever Montana’s equivalent of “rape” is. The prosecutor may be waiting for DNA results, etc to charge her with that crime. ---
**Author:** ![ZipperJJ](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zipperjj/32/211_2.png) [@ZipperJJ](https://boards.straightdope.com/u/ZipperJJ)\ **Post date:** [July 2, 2018, 6:59pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/33 "2018-07-02T18:59:32Z")
> [@TriPolar](#): > > I know this is really improbable, but maybe, possibly, there’s an outside chance that the article doesn’t have all the facts right. I looked around at other articles and from what I can tell she is not being charged with rape or attempted rape. Yet. [This article](https://heavy.com/news/2018/06/samantha-mears/) specifically addresses it at the end but doesn’t have an answer for why she hasn’t been charged with it. ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [July 2, 2018, 7:02pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/34 "2018-07-02T19:02:44Z")
> [@Eonwe](#): > > Plus, let’s face it, this guy stays with his girlfriend even though she has a history of abusing him? I mean, why didn’t he just leave? It’s kind of on him at this point. Are you being sarcastic or are you absolutely subhuman? It’s so hard to tell anymore. Edit: Never mind. Your answer can’t really help your case, as sarcasm like that is proof enough of what you are. ---
**Author:** ![raventhief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/raventhief/32/4_2.png) [@raventhief](https://boards.straightdope.com/u/raventhief)\ **Post date:** [July 2, 2018, 7:08pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/35 "2018-07-02T19:08:17Z")
> [@Derleth](#): > > Are you being sarcastic or are you absolutely subhuman? It’s so hard to tell anymore. > > Edit: Never mind. Your answer can’t really help your case, as sarcasm like that is proof enough of what you are. Really, responding sarcastically, deliberately calling up all the bullshit other victims have been subjected to since time immemorial somehow makes Eonwe a bad person? ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [July 2, 2018, 7:41pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/36 "2018-07-02T19:41:14Z")
> [@raventhief](#): > > Really, responding sarcastically, deliberately calling up all the bullshit other victims have been subjected to since time immemorial somehow makes Eonwe a bad person? Spreading certain ideas certainly does, yes. ---
**Author:** ![Eonwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eonwe/32/240_2.png) [@Eonwe](https://boards.straightdope.com/u/Eonwe)\ **Post date:** [July 2, 2018, 8:05pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/37 "2018-07-02T20:05:13Z")
> [@Derleth](#): > > Are you being sarcastic or are you absolutely subhuman? It’s so hard to tell anymore. > > Edit: Never mind. Your answer can’t really help your case, as sarcasm like that is proof enough of what you are. Can’t help my case? What I am? Tell me what I am. Open a pit thread; I don’t think it would go how you expect. Look, I thought my sarcasm was clear, it obviously wasn’t and I clarified pretty clearly that I think the OP is inspired by and perpetuates a nasty narrative that somehow women carry privilege and power over men when it comes to sexual assault. I agree that it’s maybe hard to tell sarcasm these days (though I would have though the rest of that post would have made it clear) and I apologize for that. But if you want to call me subhuman for pointing out the thinly-veiled misogyny in the OP in a sarcastic fashion, well, you’re kind of off the deep end. ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [July 2, 2018, 8:17pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/38 "2018-07-02T20:17:39Z")
> [@Eonwe](#): > > I agree that it’s maybe hard to tell sarcasm these days (though I would have though the rest of that post would have made it clear) and I apologize for that. It was clear. ---
**Author:** ![Helena330](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/helena330/32/531_2.png) [@Helena330](https://boards.straightdope.com/u/Helena330)\ **Post date:** [July 2, 2018, 8:54pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/39 "2018-07-02T20:54:41Z")
> [@Eonwe](#): > > Can’t help my case? What I am? Tell me what I am. Open a pit thread; I don’t think it would go how you expect. > > Look, I thought my sarcasm was clear, it obviously wasn’t and I clarified pretty clearly that I think \*\*the OP is inspired by and perpetuates a nasty narrative that somehow women carry privilege and power over men when it comes to sexual assault. \*\* > > I agree that it’s maybe hard to tell sarcasm these days (though I would have though the rest of that post would have made it clear) and I apologize for that. > > But if you want to call me subhuman for pointing out the thinly-veiled misogyny in the OP in a sarcastic fashion, well, you’re kind of off the deep end. I understood the sarcasm. Arguing about your intentions only serves to deflect attention from the important point that I bolded. ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [July 2, 2018, 9:03pm UTC](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161/40 "2018-07-02T21:03:21Z")
Saying “It’s only a joke!” is one of the first things people do when they’re called on something. Even discounting that, some jokes are dehumanizing. Some jokes are toxic, in that they contribute to a toxic culture. Rape jokes are definitively in that camp. So even if you were joking, you’re someone who tells rape jokes. [Previous page](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161.md?page=1) [Next page](https://boards.straightdope.com/t/why-is-this-woman-not-being-charged-with-rape/817161.md?page=3)