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).

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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

Slow Down Al Sharpton. You need to take a seat beside Jesse.

It is a sub-heading in most columns, but a black man was shot and killed, on his wedding day, outside a strip club in New York. The reports are they the black man was in a verbal altercation and then ran over an under cover police officer before the police shot multiple times at his car.

Now, the African American community is going to get on the band wagon because he was unarmed. No doubt, Al Sharpton, as a fellow blogger calls him, the “VP to Jesse Jackson” is ready to march and get his chubby face all over television to stir racial tensions. And, I do not condone anyone dying;  but,  is this the guy we want to riot over?

First, he wasat a strip club on his wedding day. Yes, he has rights, but come on, hours before walking down the aisle doesn’t seem to be the appropriate time to get a table dance. Maybe that’s just me not buying into the racial stereotypes that MTV, BET, and rappers have been trying to sell me since I was a child.

Second, saying he was unarmed is misleading. He may not have had a gun, but he used a car to run over someone. In the law, a car used in such a way can be considered a deadly weapon. Murder, or manslaughter, charges could have been brought if the person he hit died. Thus, the deceased used deadly force. Let us not forget that before we rally behind him before we know all the facts.

I am not from New York, and have only been there once in my life for a weekend. I do not understand the cuture nor the racial climate up there.  I can imagine that the black powers that be, who make a living over-hyping and racially thinking everything, will make this a big deal up there.  

Here in NC, we had our own racial drama. A stripper who stripped for the Duke University Lacrosse team claimed she was raped. The New Black Panthers were down here in a second. Everyone was claiming how the white boys should be executed. Now, as more facts come out, this doesn’t seem to be as much of a tragedy as it does a stripper who may not have been telling the complete truth.  We should not have rushed so quick to judgment here. I hope you all do not make the same mistake in New York.   My advice, tell that negro Al Sharpton to sit down! Form your opinion on this on your own and be a free thinker.

November 27, 2006 Posted by | African American, Al Sharpton, Black men, Black Panthers, Duke Lacrosse, Law, New York, NYPD, strip club, Uncategorized | 6 Comments