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Posted

None of us know what really happened expect for those 2 but young men need to understand that a bad decision can hurt someone and land you in prison.

Unfortunately, it's impossible to really judge a case like this with 100% certainty. He could have forced himself on a passed-out woman, or she's not telling the truth. However it doesn't help him that he admitted the encounter happened, maybe on tape. He better hope he wasn't recorded stating that he knew she was passed out. If so, plea deal time.

 

Posted

Nothing weird about it.  She's got a tall, athletic build.  Gorgeous face with a captivating smile and sultry voice.  And what I can only guess is a pleasant looking buttocks.  

Posted

"The affidavit says 21-year-old Luke David Armstrong sexually assaulted a 16-year-old after a party in south Austin in June 2018. He was 18 at the time."

This is modern journalism.

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Posted
6 minutes ago, Paco said:

"The affidavit says 21-year-old Luke David Armstrong sexually assaulted a 16-year-old after a party in south Austin in June 2018. He was 18 at the time."

This is modern journalism.

Yeah

Posted
2 hours ago, cabowabo said:

Took three years for someone to “convince” her that she was raped. Scary stuff. 

I genuinely struggle with the time frame issue, particularly around "date rape." I do not have a great answer but we need to find a common, agreeable way to balance the real trauma faced by a rape victim with some respect of the rights of the accused. I do tend to be a little suspicious with long-delayed (> year) claims ...

Posted

As a father of 3 young boys, obviously at some point I will have a talk with them about this.  Easy to teach right and wrong and respect for women, but there is a blurred line nowadays that I even have trouble comprehending.  I'm glad I've been in a happy relationship for 20 years and don't have to worry if drunken sex the night before that seemed consensual is still consensual the next morning or even months later.

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Posted

yeeesh.  this sounds like a tough one.

you have a black-out drunk girl and a sober-enough to drive guy who maybe were dating a little at the time.  the only things i will say are

- no matter if you think a victim is a gold digger or attention horse or whatever, it takes guts to come forward immediately after or 3 years after.  you are going to get randos slutshaming you till the cows come home and lots of unwanted notoriety.

- does black out (or not remembering) mean unable to consent?  I have had friends fill me in on the missing pieces of a night before and the shit i was (alleged) to have done astounded me, but i did not have a memory of.

unless the guy admits he got busy with her while she was unconscious, this is going to be tough to prove. 

Posted
Quote

The victim says she didn’t remember the ride in Armstrong’s truck but remembered waking up on a couch at a house where Luke lived and being sexually assaulted, the affidavit says

I have no idea if this is true or not. Only the accuser and the accused know for sure what exactly happened and if consent was obtained or not. I also can’t tell if this sentence means the accuser woke up while being sexually assaulted or she woke up and then was sexually assaulted. 

That being said, there is probably going to be people who think if she hooked up with him again, then it negates any accusations because who hooks up with someone that assaulted you, but it’s possible, humans do things that are not smart all the time. 

Posted

how long were they together before the event?  with kids love of sharing stuff on social media and everything being recorded permanently on the internet, that should give jurors plenty of context into it, for a pair of high schoolers 2 years apart

Posted

Yeah blacked out but conscious and passed out are very different things.  If he went to town on her when she was out cold, then that is clearly rape, but if she was conscious, how was he to have known she was blacked out and didn't know what she was doing?  No way to prove any of this.  Bad deal for all parties involved unfortunately.  

Posted

I'm gonna start asking all my ladies to sign an affidavit of consensus (pre- and post-coital) and pass a written competency test before allowing them to experience my erotic talents.

 

Posted
14 minutes ago, Paper_jam said:

I'm gonna start asking all my ladies to sign an affidavit of consensus (pre- and post-coital) and pass a written competency test before allowing them to experience my erotic talents.

 

At least theoretically, right?

Posted

However this goes as far as rape is concerned, if they had sex it's statutory rape in Texas.

This was my nightmare scenario with my stepson, who is an awesome dude, but who was 2 years older than his HS girlfriend.  Some 7 years later they are still together, but if her parents had decided to push things there would have been questions asked that I would have preferred not knowing the answers.  We live in a very litigious society.

Posted
30 minutes ago, Paper_jam said:

I'm gonna start asking all my ladies to sign an affidavit of consensus (pre- and post-coital) and pass a written competency test before allowing them to experience my erotic talents.

 

Similar to verbal consent, it could be void based on intoxication.  

Posted
2 minutes ago, jimmyjazz said:

However this goes as far as rape is concerned, if they had sex it's statutory rape in Texas.

This was my nightmare scenario with my stepson, who is an awesome dude, but who was 2 years older than his HS girlfriend.  Some 7 years later they are still together, but if her parents had decided to push things there would have been questions asked that I would have preferred not knowing the answers.  We live in a very litigious society.

No.  It is a defense if the two are within three years of age.  That was totally legal if it was consensual.  15/18 16/19 is not illegal.

Posted
47 minutes ago, Paper_jam said:

I'm gonna start asking all my ladies to sign an affidavit of consensus (pre- and post-coital) and pass a written competency test before allowing them to experience my erotic talents.

 

The safeword is supercalifragilisticexpialidocious

Posted
15 minutes ago, Cousin Strawberry said:

No.  It is a defense if the two are within three years of age.  That was totally legal if it was consensual.  15/18 16/19 is not illegal.

Falls within the (age/2 + 7) rule so it’s totally fine 

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Posted
17 minutes ago, Cousin Strawberry said:

No.  It is a defense if the two are within three years of age.  That was totally legal if it was consensual.  15/18 16/19 is not illegal.

Oh, I misinterpreted "age of consent" then.  Thanks.

Posted
Just now, jimmyjazz said:

Oh, I misinterpreted "age of consent" then.  Thanks.

You were right that 17 is the age of consent in Texas.  But the within 3 year rule is a defense unless it's someone you would be prohibited from marrying or you are already a registered sex offender.

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Posted
9 minutes ago, jimmyjazz said:

Oh, I misinterpreted "age of consent" then.  Thanks.

It's not under the age of consent section.  It's under the sexual assault statute as an affirmative defense where the actor is not more than 3 years older than the victim and the victim is older than 14.

Tex. Penal Code Ann. sec. 22.011(e)(2)(a)

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Posted
14 minutes ago, dcbc said:

It's not under the age of consent section.  It's under the sexual assault statute as an affirmative defense where the actor is not more than 3 years older than the victim and the victim is older than 14.

Tex. Penal Code Ann. sec. 22.011(e)(2)(a)

You said "Penal."

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Posted
It's not under the age of consent section.  It's under the sexual assault statute as an affirmative defense where the actor is not more than 3 years older than the victim and the victim is older than 14.
Tex. Penal Code Ann. sec. 22.011(e)(2)(a)
The Romeo and Juliet statute

Posted
2 hours ago, Paper_jam said:

I'm gonna start asking all my ladies to sign an affidavit of consensus (pre- and post-coital) and pass a written competency test before allowing them to experience my erotic talents.

 

Getting different answers  Pre-  and Post-  would be a bit of a sticky wicket.     

Post - might become and indictment on your erotic talents.  Don't ask questions you don't really want the answers to.  

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Posted
10 hours ago, Paco said:

"The affidavit says 21-year-old Luke David Armstrong sexually assaulted a 16-year-old after a party in south Austin in June 2018. He was 18 at the time."

This is modern journalism.

Funny how their sloppiness always seems to fall in a way that advances the fiction that they want to push.

Posted
1 hour ago, Cousin Strawberry said:

You were right that 17 is the age of consent in Texas.  But the within 3 year rule is a defense unless it's someone you would be prohibited from marrying or you are already a registered sex offender.

How often do you visit Thailand?

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Posted
3 hours ago, 0xdeadbeef said:

Getting different answers  Pre-  and Post-  would be a bit of a sticky wicket.     

Post - might become and indictment on your erotic talents.  Don't ask questions you don't really want the answers to.  

A survey card came to mind after reading this... that'd be some shit. 

Posted
6 hours ago, Cousin Strawberry said:

You were right that 17 is the age of consent in Texas.  But the within 3 year rule is a defense unless it's someone you would be prohibited from marrying or you are already a registered sex offender.

What does "prohibited from marrying" mean? I had sex with lots of chicks anyone who ever cared for me as a child would have prohibited me from marrying. 

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Posted
47 minutes ago, MaybeACoordinator said:

What does "prohibited from marrying" mean? I had sex with lots of chicks anyone who ever cared for me as a child would have prohibited me from marrying. 


It would apply more to mouth breathers from places like methlahoma, arky, etc. aka: close blood relatives, etc.

 

Posted
5 hours ago, Cajun said:

Funny how their sloppiness always seems to fall in a way that advances the fiction that they want to push.

21-year-old allegedly sexually assaulting a 19-year old (who was 16 at the time), is so not sexy for a title.

Posted
18 hours ago, 52-80 said:

how long were they together before the event?  with kids love of sharing stuff on social media and everything being recorded permanently on the internet, that should give jurors plenty of context into it, for a pair of high schoolers 2 years apart

I don’t know if I agree whether their relationship prior to this matter much, but there should be messages between them after the alleged event.

I’m far from the expert here, but my understanding is that some women don’t fully realize or willing to openly admit they were raped until discussing the incident with friends. Sometimes years later. While women absolutely have the right to report rape 3 years later, the delay creates some uncertainty as opposed to reporting it the next day. 

It would help him if he can get other girlfriends to testify that he doesn’t act like this. Of course, if another woman will say otherwise, he’s in trouble.

Assuming anyone is innocent of this accusation, and a former girlfriend calls you up 3 year later to ask if you two had sex one night, the answer should be no, I don’t recall us having sex.

Posted
12 minutes ago, Nice Guy Eddie said:

I don’t know if I agree whether their relationship prior to this matter much, but there should be messages between them after the alleged event.

the messages between them is part of the context as is the "relationship". 

you can be a couple, hell even married, and still be qualified for rape.  but if the pair were a sexually active pair in LTR, and the event in question is a drunken stupor, thats quite a different picture than 2 people that were merely flirting

Posted
6 hours ago, BigHorn'13 said:

A survey card came to mind after reading this... that'd be some shit. 

"How likely are you to recommend this cock to other ladies?"

1 - Would Not Recommend

...

10 - Highly Recommend

Posted
21 minutes ago, TornACL said:

"How likely are you to recommend this cock to other ladies?"

1 - Would Not Recommend

...

10 - Highly Recommend

I was told 7 is average.

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Posted
6 hours ago, MaybeACoordinator said:

What does "prohibited from marrying" mean? I had sex with lots of chicks anyone who ever cared for me as a child would have prohibited me from marrying. 

A relative.  Or, if married anyone else.  A married 19yo who has consensual sex with a person under 17yo, can't use the defense because he is prohibited from marrying 17yo as he is currently married. 

Posted
14 hours ago, Paper_jam said:

I'm gonna start asking all my ladies to sign an affidavit of consensus (pre- and post-coital) and pass a written competency test before allowing them to experience my erotic talents.

 

Fitting username.

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Posted

I read something the other day that even a "Yes" is not consent sometimes and that it should have to be an enthusiastic "Yes". We are asking horny teen boys to be body language experts if that is the case.

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