Text Messages in the Courts

KennyG944 noted a story running on CNN which talks about Text Messages being used in the Kobe Bryant trial. This raises a host of issues about the phone company keeping these messages around and expectations of privacy.

Comments

Re:Pre-emptive sentencing?

[adzoox]

No it's EXACTLY like I said - making punishment the deterrent. I said nothing about presumptions or suspicious behavior READ FOR COMPREHENSION AND USE YOUR MODS wisely please,

Re:Larger issues

[untouchable]

If it was truly a rape, there have got to be signs of struggle, no? This does bring us to a hazy area...if a woman doesn't want to have sex, but just lays there or doesn't struggle, is it rape?
Oh, boy, yes it is. In fact, if it's clear that they can't get away unharmed, or the assailant has made it clear that s/he can and/or will harm the victim if struggles, a person is suppose to do everything possible not to get themselves hurt.
As soon as someone says 'No.', 'No, I don't want to.', stop. The law doesn't care if they're both drunk, stoned, or perfectly coherent. It's rape. A struggle is not necessary for rape to occur.