The Thoughts of an Educated Young African American Male

Suprise, Suprise! Rape Charges dropped in the Duke Lacrosse Case

Ok, the District Attorney of Durham, NC dropped the rape charges in the Duke Lacrosse case. He managed to hold on to the sexual offense and kidnapping. Some are going to wonder the difference between rape and sexual offense. The major difference is that:

(1) Rape involves vaginal intercourse. N.C. Gen. Stat. § 14-27.2 (2006).

Sexual offense involves : a sexual act defined by North Carolina statutes as, cunnilingus (oral sex on a female organ), fellatio (oral sex on a male organ), analingus (oral sex on the anal region), or anal intercourse, but does not include vaginal intercourse. Sexual act also means the penetration, however slight, by any object (including human body parts) into the genital or anal opening of another person’s body. N.C. Gen. Stat. § 14-27.1(4) (2006).  I added everything in parenthesis for clarity.

Both first degree rape and sexual offense, in relevant part, must include one of the following:
      a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
      b. Inflicts serious personal injury upon the victim or another person; or
      c. The person commits the offense aided and abetted by one or more other persons. (clearly the element the State is going after).

Also, both rape and sexual offense carry the same punishment. N.C. Gen. Stat. § 14-27.4 (2006).

So, rape is vaginal intercouse while sexual offense involves other sex acts. Also, the punishment for both crimes is the same so this is not quite the victory it appears.  

It seemed clear from this point that a rape didn’t occur, and the sexual offense charges are a way for the State to maintain their belief in the story of the accuser. They might be the only people who still believe her. 

I wonder if all those people who were ready to burn the players’ house down, and vilify those who wanted to wait before coming to a decision will apologize. Also, when are the black panthers coming back to Durham? It’s about time for another circus act to come in town.

Also, some relevant case law to consider.

  The guarantee against double jeopardy under U.S. Const., Amend. V protects against multiple punishments for the same offense. Defendant may not be punished for both first-degree kidnapping and sexual assault, where sexual assault is used to elevate kidnapping to first degree. 

Further,  where defendant was convicted and sentenced for sexual assault and first-degree kidnapping predicated on one sexual assault, trial court was required to arrest judgment either on conviction of sexual assault or on conviction of first-degree kidnapping. Defendant could be resentenced for second-degree kidnapping, if judgment on first-degree kidnapping was arrested. State v. Coats, 100 N.C. App. 455, 397 S.E.2d 512 (1990), cert. denied, 328 N.C. 573, 403 S.E.2d 515 (1991).

December 22, 2006 - Posted by | African American, Black men, Black Panthers, Black women, college, district attorney, Duke Lacrosse, Durham, Law, NC, rape, rape charges dropped, sexual offense, strip club

7 Comments »

  1. What I know is that this case was never about a rape in the first place.From the moment this Black woman accused a group of white boys of sexually assaulting her it has been about keep stereotypes alive.One, that Black women are undesirable whores, two, no white man would ever rape a Black woman.And my favorite stereotype of all, Black men rape white women, not the other way around.This case has been based on trying to keep these lies going.From Tawana Brawley until now, the media and white folks in general, do all they can to keep these lies and perceptions around.

    White trash accuses Kobe of rape, charges are never filed but she walks away with her dignity intact, an apology from Kobe and a few million dollars to boot.A sista accuses a white man of the same and she is practically run off the face of Earth, forced to change her name and live as a recluse.

    Why would the sista just accuse a group of Lacrosse players of raping her? For money? I think not.Lacrosse players aren’t exactly know for getting fat contracts.

    Btw, your blog sucks which I guess is why I am the only one responding.I see you are one of those nigras who thinks if you talk about your own people long enough whitey will notice and throw you bone.Keep hoping…

    Comment by Gene | December 30, 2006 | Reply

  2. Kobe is married and actually did have sex with the woman. The comparison is pointless

    Comment by mike v dog | January 28, 2007 | Reply

  3. INNOCENT….INNOCENT….INNOCENT….

    Who educated you and in what are you “educated”? Obviously not in Discernment.

    Nuff sed….

    Comment by mck | April 12, 2007 | Reply

  4. “I wonder if all those people who were ready to burn the players’ house down, and vilify those who wanted to wait before coming to a decision will apologize. Also, when are the black panthers coming back to Durham? It’s about time for another circus act to come in town.”

    I was wondering the same thing. I remember seeing the entire scene on the news and wondering, if they are innocent will these players ever get an apology? Well I hope they do, and its good to see I’m not the only one thinking that. Nice blog.

    Comment by Matt | April 13, 2007 | Reply

  5. Well, the other two charges are gone as well. Sigh. Arent you ready to go out there and practice. By the way, did the administrator ever get back to you about the school being open 24 hours? Outside of finals that is?

    Comment by sharri | April 13, 2007 | Reply

  6. mck,

    Who educated me? My parents, my family, society, Durham Public Schools, and two state universities in NC, one of which awarded me a law degree.

    What am I educated in? That’s a matter of opinion but my diplomas tell me education, political science, and law. I will have to accept that.

    Comment by youngblackman | May 8, 2007 | Reply

  7. youngblackman-

    If only more people were objective like you, there would be a lot less racial tension in the country.

    Comment by Z-Man | June 19, 2007 | Reply


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