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#BOYFRIEND TOLD ME TO FUCK SOMEONE AND RECORD IT TRIAL#

The defendant might testify that the other person never said 'no' and did not object at any point. The victim might testify that she said 'no' and told the defendant to stop repeatedly and even tried to get away but was held down. The two descriptions of the event might be very different. If both the victim and the defendant testify, each person will describe the events and likely will be permitted to testify as to what the other person said during the incident. If the defendant chooses to testify, his credibility also will be very important. Credibility refers to whether the witness is believable and seems to be telling the truth. photographs or physical evidence from the location of the incident that show a struggle occurred or the defendant broke into the location, such as photos of a room in disarray with overturned furniture or damage to a window, door, or lock.Īt trial, the victim's testimony and credibility will be extremely important, especially if other evidence is limited.photographs or video tapes of the incident or events related to the incident, and.

text messages or other communication between the two people about the encounter or their relationship.Other evidence that the prosecution can present to establish that a sexual encounter was not consensual can include: The defense can argue, however, that the trauma occurred because the sex was intense or aggressive by consent. The prosecution will argue that evidence of such trauma indicates the sex was forced or non-consensual. Evidence of trauma can include tearing, bruising or scratches in the vaginal or genital area. The person who conducts the exam will look for evidence of hair, bodily fluids, and trauma. A doctor or hospital also can conduct a genital and vaginal examination and prepare a rape kit. If the incident involved violence, the victim may have visible bruises, cuts, or other injuries that can be photographed. The prosecution also will look for physical evidence, such as signs of physical force. And even if someone saw the couple shortly before the incident, the encounter may have begun consensually and changed after the witness was no longer present. Unfortunately, finding witnesses may be difficult because sexual encounters often occur in private. The police usually will look for witnesses who might have seen the couple interacting at the time of or just before the incident. The prosecutor may charge the defendant with rape based on the victim's testimony that she did not consent to sexual intercourse or that the defendant forced her to comply.

#BOYFRIEND TOLD ME TO FUCK SOMEONE AND RECORD IT TRIAL#

This often can mean that the trial is a 'he said, she said' case because the two people involved may be the only witnesses and there may be little other evidence. The prosecutor must prove beyond a reasonable doubt that the defendant committed the act of sexual penetration without consent or against the other person's will. If a person is charged with raping someone with whom he has had consensual sex in the past, the central issue in the case is whether the sexual act was consensual. If the person who wants to continue presses forward and intercourse occurs, that person could be found guilty of rape even though the encounter began as consensual. Also, if you begin a consensual sexual encounter with someone, perhaps kissing and petting, but the other person stops the encounter, any sexual act from that point forward is not consensual. If the other person says 'no' on Saturday and you force yourself on her or him, the act could constitute the crime of rape. If you have consensual sex with a person on Friday night and want to have sex again on Saturday, you must have the person's consent again on Saturday. In other words, each time two people become sexually active, each person must consent and be a willing participant. If two people are dating or previously have had consensual sex for any reason, the consent to prior sexual acts does not extend to future occasions. Grabbing a person and forcing sexual penetration of any kind also is rape because the action, again, is committed without the person's consent. Having sexual intercourse with or forcing sex on a woman who is objecting or saying 'no' is rape because it is against her will. Having sexual intercourse with a woman who is passed out or unconscious can be rape because the woman has not consented to the sexual act and does not have the capacity to consent to it. The crime of rape consists of committing a sexual act (usually defined as some form of penetration) without the other person's consent or against the person's will. It is even possible for a sexual encounter to begin as consensual and become an act of rape.

It is possible to commit the crime of rape against someone with whom you have previously had consensual sex.

Boyfriend told me to fuck someone and record it