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> Maybe there's justification for protection from assault due to physical altercations while attempting to restrain someone. I don't know the details of this p
by sublinear 3y ago
> Maybe there's justification for protection from assault due to physical altercations while attempting to restrain someone.
I don't know the details of this particular case that would lead to claims of rape. But, I do know that certain types of search on someone's person can be... invasive.... especially if they're suspected of smuggling. I can certainly see how that kind of search becomes a rape claim.
It's literally the textbook definition of rape to search someone like that with the threat of physical harm. The legal difference is the context and intent.
There is a gray area here people don't want to talk about, but TFA is lying by omission if this is the kind of case at hand.
- ben_w 3y agoWould this be analogous to the way that "being shot dead by a police officer in the course of their duties" isn't "murder"? (I am not a lawyer, don't rely on random people on the internet for legal advice, especially when the word 'analogy' is involved, etc.).
- sublinear 3y agoYes. Lots of situations aren't murder such as defending your country or killing an armed intruder in your home. You're a hero in those cases.
- cgriswald 3y agoI don't really see the gray area here. We live in a world where x-ray machines are ubiquitous. There's zero reason we need to have government-committed legalized rape at the airport, regardless of context or intent.
- cloverich 3y agoX ray's are likely not specific enough; more over if the x ray is positive a cavity search is perhaps next anyhow. A CT has too much radiation and an MRI would be cost prohibitive. That's my guess. Then there's cases of legitimate foreign bodies anyways, e.g. a tampon full of fentanyl or something comparable. The X ray won't help there.
- cgriswald 3y agoCustoms already uses x-rays for this exact purpose.
- sublinear 3y agoAnd if the x-ray finds drugs and the suspect doesn't want to take it out themselves? As a matter of fact maybe they don't want to risk the suspect tampering with the evidence. The gloves are coming on at that point. Criminals aren't always the most reasonable people. Saying "pretty please" is a waste of time.
- autoexec 3y agoIdeally the person with drugs in their body would be sent to a hospital where medical professionals would handle extracting whatever needed to be removed in a way that didn't cause harm to the person. I can't imagine when it would ever be necessary for a random TSA thug to go elbow deep in someone to rummage around for a balloon filled with drugs that could rupture and kill them.
- deleted 3y ago[deleted]