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Regarding Olivia's article on Madison and the Leda "rape kits". thefp.com/p/madison-cam…
No question, there are many rape kits that are unprocessed. Prosecutors have budgets, and prosecutors will authorize expenditure for rape kits where the the defendant is known and denies it because those are active cases. Stranger rape is an investiga…
Regarding Olivia's article on Madison and the Leda "rape kits". https://www.thefp.com/p/madison-campbell-fraud-or-feminist
No question, there are many rape kits that are unprocessed. Prosecutors have budgets, and prosecutors will authorize expenditure for rape kits where the the defendant is known and denies it because those are active cases. Stranger rape is an investigator budget item, and those budgets are smaller and usually separate. Descriptions of rapes vary as well, and police will prioritize cases that are worse.
Sex crimes investigators have been made famous by the Law & Order SVU show with Mariska Hargitay, herself having experienced rape, and her character of Olivia Benson being conceived by rape. I know from personal experience that some jurisdictions, the sex crimes unit has been targeted by detectives on the take. An SVU cop can easily get $10,000-$50,000 in cash for obstructing justice, lying on the stand, etcetera, to protect well off defendants. I have records on one of those involving a father and his children. That cop was a woman, so don't think it's just about men on the force. Dirty cops working sex crimes definitely happens. For the mother of those children in this case, realizing the SVU cop was dirty was terrifying. I'm sure she wasnt the only woman this happened to.
Many (most?) detectives become jaded, including female detectives. A very tough (and kind) woman detective told me recently about a female victim killed with long garden shears shoved up her vagina. She sees things like that regularly. In Madison's story it's not clear if she objected or not. A detective facing a hyper-privileged college girl who is traumatized by the rape Madison describes by a man she was dating? The detective finds it trying to say the least. Here they are dealing with horrific crimes, and they don't have the time and resources to process those crime scenes as they want to. It makes experienced detectives think, "Oh, honey. For god's sake, get a clue. Handle your life. Nobody has time for this." They can't say it out loud, not these days.
Then there are the women who lie. Women do tell lies. Women lie to protect themselves, to manipulate others, to get advantage. There was a man (black) who was released from prison after his accuser was recorded telling her friend that she lied because otherwise her mother would be so angry with her! This girl destroyed a man's life because she couldn't face her mother finding out she had sex with "that man" willingly. People routinely tell lies about murder, drugs, and alcohol. So who would think lies won't be told about rape? A military study in which all parties took polygraph tests, showed some 60% of cases the accuser's polygraph said she was lying, and the accused's polygraph said he was telling the truth. Some 40% eventually admitted they were lying for some reason. Many detectives know these things. After being on the force for a while, they get such cases. The motive can be anything from saving face (with mom, friends, etc.) to revenge. I remember a divorce case I happened to sit in on in court, where it came out that the wife, in fury, had flushed rags and towels down the toilets until she plugged the pipes, and then ran the water and left it on to wreck their house. I am told by detectives that that this sort of thing is mild. Experienced detectives know that women will lie and do all sorts of things to get revenge. It's part of why they can appear so unsympathetic. If they hear about such a case from a colleague, or they get manipulated by a mean girl out to "get" some guy, it makes them wary.
Then, there is the unfortunate fact that with the #metoo movement, it became fashionable for a young woman to have their rape story. It makes them a bit special, with the other girls who have one. Not boring. My goddaughter did this. In her case it wasn't made up from whole cloth, but it was the result of being seductive, knowing it, liking it, but not yet connecting entirely that such behavior might have a result. She didn't tell the man no at the time. She never mentioned it to anyone until she got to college. The propaganda of the #metoo movement that told girls they should be able to wear anything, go anywhere, and be safe has resulted in death. I know of a university that covered up the rape and murder of a coed on location in South America. She went out at night dressed like what the local culture considers "a whore." The professor in charge also barred the grad student running things down there from telling any new students to dress modestly, and barred her from telling them that the murder happened. The professor lied to the parents as well, to cover things up.
It is also true that in rape cases, including stranger rape and rape by friends or relatives, the majority of women just want to hide afterwards. It is probable that most women who are raped by strangers never report it. Or if it's someone they know, and they said no, they don't want to wreck his life.
I have a friend who decided not to report a man's crime because she didn't want to destroy his life. She went through what most would call extreme adventures in South America beforehand, including lying in an iron bathtub for days while two armies shot at each other through the walls of the house she was in. She had also helped bust men out of prison where they were being tortured, and hitchiked on freight aircraft. Later, when she was in Med School, she lived alone in a cabin on a farm a few miles away. One night she was naked on her bed in summer, out there in the tomato fields reading, and a black classmate came in her door. It was open for a breeze. He had a long kitchen knife. He walked to her bed, stabbed the knife into the bed next to her hip to the hilt, let go of the knife, and started to undo his pants, leaning over her. She grabbed the knife out of the bed, cocked one foot and kicked him against the far wall. (She was 6'3".) She leaped up with the knife, and told him to get out. He ran. She never reported it. She took it as a compliment to her overwhelming attractiveness. For her, "Nothing actually happened, anyway." Her life experience made that assault into not so big a deal. That man went on to become a doctor and had a life, wife and kids.
Another problem is that what the word "rape" means varies a lot by state. In California, for instance, most people don't realize that a part of a hand touching genitalia or through underwear, without penetration, is rape. Whereas, the majority of people think that if someone is accused of rape then it means ejaculation into some orifice. In addition, jurisdictions vary tremendously in the amount of money that police have to use on investigations. Most places are tight for money. But, a few, like Santa Clara, and the city of Atherton, are relatively rich. Mostly, this doesn't apply to these rape kit cases, but it's a complicating factor.
Thus, this article misses the issues involved rather thoroughly. Does it scratch the surface? Yes, but barely, and it reads like a piece commissioned by Madison, although I don't think it is. I think it is a product of Olivia's age and naivete as a writer, sweetie pie though she is.
The big problem is that if Madison is allowed to create her database of "We believe you" DNA identifications, prosecutors know that this will have DNA from innocent men. It will be used by women wanting to "get back" at men because there are mean girls out there. It will also have DNA from questionable situations that a prosecutor wouldn't be likely to touch. Will it have DNA from women who were raped criminally? Yes, it will. But what proportion will that be? That will be a question that will be virtually impossible to determine.
I think that is why Leda and Madison are getting served shutdown orders and sued. It is far beyond free speech to create a forum where anyone can post purported physical evidence results that convict a person of felonies in the eyes of the world. Madison is not on just on the side of the angels here.
“Sex crimes investigators have been made famous by the Law & Order SVU show with Mariska Hargitay, herself a daughter of rape.”
Are you confusing her with her character here? Olivia Benson was conceived through rape; Mariska Hargitay is the daughter of celebrity parents.
Nobody’s a “daughter of rape,” the same way that nobody’s a “daughter of IVF” or “daughter of missionary position.” Rape is the way they were conceived, not their parent.
The guy who nearly raped your friend went on to be a doctor? Great - JUST who I’d want examining my body. God.
Do you have a source for the California thing? All the laws I’m finding specify “sexual intercourse.”
Agree that women sometimes lie about rape - usually, I think, when it comes to light that they’ve had sex they didn’t want anyone to know about.
You're right. I did confuse Mariska's character was the one conceived by rape, and that Mariska was raped. Fixed that above. I remember "daughter of rape" being used on the show. You are correct about it not being a parent.
Penal code 289 is the one you want, plus 263. In practice, it is any touch. The theory behind any touch on underwear is that underwear is also a foreign object.
"...(k) As used in this section:
(1) “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object.
(2) “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ.
(3) “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=289.&lawCode=PEN
Penal code 263 is part of it. "...Any sexual penetration, however slight, is sufficient to complete the crime."
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=263.&nodeTreePath=4.8.1&lawCode=PEN
Didn’t mean to sound like I was picking on you about “daughter of rape.” During many years with the pro-life movement, I’ve read a lot of personal accounts by people who were conceived by rape, and it’s not a term I’ve ever seen them use.
I see what you’re saying with the California penal codes. I think the confusion comes from “a part of a hand touching genitalia or through underwear, without penetration” - I was thinking of stuff like a man touching a woman’s labia majora, not right outside her vagina.
"... however slight is sufficient to complete the crime."
Technically, a wedgie with pants on would be covered and whoever could be put away for 15 years. Technically, the horsing around among girls at gymnastics gyms would be covered for sure.