09-23-2017, 07:17 AM
(This post was last modified: 09-23-2017, 07:39 AM by FaceInTheCrowd.)
Unwanted physical contact of any kind constitutes assault. I don't recall how many times she told the guy not to touch her, but it was at least twice. Granted, deadly force would be an excessive response to what he did, but the fact that she had no control over her body's reaction precludes intent and her efforts to avoid physical contact preclude negligence. This death would be accidental while the other one would be self defense.
And yes, as the investigating officer, Nick can believe the girl and prevent her from being charged. Proceduraly, it would be done by filing a report stating his conclusion that the evidence doesn't establish intent or negligence, and no sane prosecutor would file a charge knowing that the report and his testimony saying the same thing would result in an acquittal. So, as I said before, the irregularity Nick committed is not filing a proper report but the result is the same.
What Adalind did to Nick could not be called rape under Oregon law. It could potentially be prosecuted as "sexual abuse in the third degree," but the interpretation of law that would be the argument for that charge has never been tested in court.
And yes, as the investigating officer, Nick can believe the girl and prevent her from being charged. Proceduraly, it would be done by filing a report stating his conclusion that the evidence doesn't establish intent or negligence, and no sane prosecutor would file a charge knowing that the report and his testimony saying the same thing would result in an acquittal. So, as I said before, the irregularity Nick committed is not filing a proper report but the result is the same.
What Adalind did to Nick could not be called rape under Oregon law. It could potentially be prosecuted as "sexual abuse in the third degree," but the interpretation of law that would be the argument for that charge has never been tested in court.