Quote:
Originally Posted by OMG!WTF!
You've totally missed the point. If during a drunken night at the bar and your best friend punches you in the face, does it matter that you were friends? And does it matter that you were being a jerk and deserved a punch in the face? Does it matter that you crashed at his house after sharing a cab home? I get that sexual encounters are different but that is exactly why the deck is stacked.
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Yes, those things matter. Both to being a jerk and to crashing at his house afterwards. As I said in my previous post, there is more to a court case than determining guilt or if the event happened. Further, suppose you were getting your best fiend drunk, knowing that he tended to get out of control and violent and then chose to egg him on anyhow. That won't change the fact that he assaulted you, but it could very well move the sentence from jail time to probation + community service.