TSJ Thread

#5      
How do you know Loyalty doesn't?? šŸ‘€

harvey specter nod GIF by Suits
 
#6      
Surprised the prelim is going with a pending motion to bar Stateā€™s DNA report. But in my admittedly uninformed review of TJā€™s motion, even assuming the report gets in if thereā€™s nothing pointing to TJ maybe thereā€™s not enough evidence for the charges to survive a prelim hearing.
 
#7      
IANAL - Wondering why the charge in the alternative was upgraded from a misdemeanor to a felony? That does not sound like a case that is going to go away any time soon. Hoping that TJ prevails in this preliminary hearing and the judge kicks the case. Still haven't heard of any solid evidence to support the charge. It goes without saying, but if this lingers, it is going to cost him millions....
 
#8      

IlliniKat91

Chicago, IL
IANAL - Wondering why the charge in the alternative was upgraded from a misdemeanor to a felony? That does not sound like a case that is going to go away any time soon. Hoping that TJ prevails in this preliminary hearing and the judge kicks the case. Still haven't heard of any solid evidence to support the charge. It goes without saying, but if this lingers, it is going to cost him millions....
We'd need a lawyer to weigh in, but perhaps it's a scare tactic? If the prosecution ups the charge, it may be a way to get the defense to blink and ask for a plea deal instead of pushing it to trial.
 
#9      

pruman91

Paducah, Ky
We'd need a lawyer to weigh in, but perhaps it's a scare tactic? If the prosecution ups the charge, it may be a way to get the defense to blink and ask for a plea deal instead of pushing it to trial.
nothing the DA has done or will do in the future surprises me anymore............desperate times calls for desperate measures.......DA is out of her league.................JMHO.........................
 
#10      

ChiefGritty

Chicago, IL
What I can tell you is that upgrading to the aggravated charge requires a showing that "the victim is overcome by force or fear".

I just don't see that, even accepting the alleged facts as true, that's been my bugaboo with the case the whole time.

The other thing about the aggravated charge is like the rape charge it would require registration as a sex offender.
 
#25      
Please delete if necessary, but I have avoided asking this "Elephant in the Room" question for a while now. However, with a new son who recently turned 4 months old ... I frankly want to prepare him for the world he will grow up in. And, of COURSE, IANAL! :) With that said, here is my question that I truly am trying to ask in the most respectful and nuanced way possible...

Am I to understand that in the eyes of this Kansas law, a man could have "unspoken consent" to be touching a woman sexually up until a point where she can determine that a successive "next sexual act" was not consensual and have grounds to allege sexual assault? Again, not talking "morally" here ... just legally. I believe in the documents for this case, the alleged victim claimed she had "given" consent for the alleged perpetrator to be touching her buttocks and then the alleged perpetrator apparently interpreted their sexual-in-nature interaction up to that point to be of a nature that he could touch her frontal private parts. And because she was only okay with the former and not the latter, this constituted sexual assault.

I mean, can we be real for a second here? If beginning to put your hands down the front of a woman's pants without formal verbal consent is potentially sexual assault, the vast majority of sexual interaction between men and women the age of TSJ could be considered potential "rape" if the woman retracts consent after the man takes it to that next step. Is a male in that situation just simply and unequivocally risking a VERY dicey situation if he does not obtain verbal consent first? And what if the woman gives verbal consent but later decides she was not okay with it? Is that a "He Said, She Said" case even though his DNA WILL be found? Did he need it in writing??

I know the situation described would be INCREDIBLY rare, and in most cases it is clear if two people are engaging in consensual sexual acts. Maybe the risk is just with a stranger? Because I can guarantee you that most guys I know do not stop and ask, haha. And I have never considered "going with the flow" of the sexual interaction to really be "RAPE." I have avoided asking this to not appear totally delusional or disrespectful toward the sensitivity of the case, but man ... I guess I really don't understand where the legal line here is drawn. Any thoughtful and respectful responses are REALLY appreciated, so thank you!

EDIT: I also want to be VERY CLEAR that I get that the basic objective of these laws is to stop an unambiguously bad thing - for someone to perform a sexual act toward a woman that she did not want. And there should absolutely be rigid laws to stop that. I merely want to understand what the legal expectation of men would be to prevent this type of legal trouble in the rare circumstance where there is a disconnect between parties.
 
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