Loophole keeps prosecutors from charging pharmacist with rape
This is ridiculous!!
BOSTON (AP) -- When a pregnant woman told a pharmacist that she was unhappy with her obstetrics care, authorities say, he took her
into a back office in the store, where he posed as a gynecologist and gave her an exam.
Though the account, contained in court papers, convinced authorities the pharmacist lied to the woman, he may never be prosecuted because of a half-century old state law that says an assault can't be considered rape if consent is obtained through fraud or deceit.
(more at link)
Yeah, we can spend time trying to keep obese people out of restaurants, but people can rape others and get away with it because of stupid old laws?!!! Change the law!!!
i am having a hard time understanding.... wahhhht?!??!?!? it CAN'T be considered rape if it is consented to under fraud or deceit? how does that make any sense?
Me too, pedinurse. I had to read that article over and over again. I can't believe someone created and had that law pass so long ago.
It also seems like they could get him for something else if they really tried. Assault? I don't know, but there has to be something. Fraud? Pretending to be an Ob-Gyn when you aren't?
And she didn't know a Pharmacist was not a GYN? I don't get the law, but well I don't understand any of it. Although Wal-Mart got a Doctor now and so does CVS. Right there. Could they also get a GYN?
She went in there under the assumption that that POS was going to examine her... he got her into getting a medical exam (which is a crime, itself) through fraud... anything of a sexual nature that happened was not related to her consenting for an exam, it was an added crime to his already actions of fraud, therefore the sexual assault should stand on its own merit of being a punishable crime.
They need to draw the line on this... someone getting consent to do a medical exam under fraud should not be exempt of the charges if they commence to sexually assaulting the person. He did not fool her into having sex or doing stuff sexually... he raped her after fooling her into getting a medical exam. 2 different crimes... one doesn't abolish the other.
(I am aware that my opinion may not fit to the legal guidelines that this issue is under.)
"It is not possible to consent to a medical exam by a nonmedical professional," she said. "If it's not a medical exam, what's left? It's a sexual assault."
So get the bastard for practicing medicine without a license. Anything to get a paper trail going. If they did it, I'd bet they'd have dozens of women lined up that he'd done this to previously. Not so easy to sweep under a rug when there are victims lined up for a grand jury. Idiot.
I have mixed feelings on this one...One how stupid could she have been? He was in a store, he is a pharmacist, not a dr.! Did he have an exam table in the office with the leg stirrups?
I believe he took advantage of her yes, but as soon as he told her to take her clothes off for the exam...why didnt she walk out that door? And why was she even getting an exam if they only went to the back for referrals? And where were the other store associates? If he said no or forced her or threatened her in some way, then I would have to agree with it being rape or an assualt but it sounds like she went along with the whole exam. Was she scared? it doesnt sound like it but Im sure we are not getting all of the details either.
I do hope he was fired and has his license taken away.