THE BUDDY SYSTEM II
After reading the story about Sally, something horrible happened to her that night. There is no doubt about it. However, in a stunning press conference, the DA of Weld County, Stan Peek said he would touch the case because legally, no rape tool place. Peek said that in fact, Sally had given consent to what transpired.
QUESTION: Was Sally raped?
- Inability to consent due to intoxication means “no.” When a person is the recipient of sexual advances but is highly intoxicated, he or she may be unable to consent to any sexual conduct. In the words of the Review Board, “sexual interactions with another party who has been drinking heavily should . . . be undertaken . . . at one’s own risk.”
Stan Peek was the Weld County District Attorney at the time of the incident. The pressure to charge these guys was enormous; with 24 hour protests at the fraternity house. However, the DA refused to prosecute this case noting that legally, Sally was not raped.
According to law, Sally was NOT raped. According to Colorado Revised Statutes, Sally gave at least 3 consents.
 When Sally demanded “No foreign objects,” the males complied and the activity proceeded. Therefore, legally Sally had sexually consented. Again, since Sally made a demand, and the men complied, they had no reason to think they were engaging in criminal behavior.
 When Sally demanded that none of the males ejaculate into her, the males complied and the activity proceeded. Therefore, legally Sally sexually consented. Since Sally made a demand, and the men complied, they had no reason to think they were engaging in criminal behavior.
 Sally NEVER verbally said “No.” (She says that she was too scared to speak up, yet she was able to speak up about issues #1 and #2. In law, a person can’t have it both ways).
 Sally actively engaged in fellatio, and according to RIGHT MIND DOCTRINE, a crime only exists if a two-pronged test is met: (1) mens rea (Guilty Mind) and (2) actus rea (Guilty Act). This is why on crime shows – as well as in real life – police almost always look for a motive. There are cases like running a stop sign which fall under STRICT LIABILITY and no motive has to be proven. Since Sally never said to stop, and then actively participated in the sex acts, the males had no reason to think they were engaging in criminal behavior. Hence, mens rea is not met legally.
[*] Just a note: Sally mentions that she would have been cool if Chris would have apologized. However, not very many rape victims would have this attitude about being sexually assaulted.