4 ms·
> you still have to prove it wasn't some third party or the victim who procured and took the drug. Does it actually work that way in the real world?
by im3w1l 11mo ago
> you still have to prove it wasn't some third party or the victim who procured and took the drug.
Does it actually work that way in the real world?
- jonahrd 11mo agoYes, people can and do recreationally take GHB quite often. (also commonly used in date rape cases) The same can be said for MDMA, and others
- im3w1l 11mo agoLet me clarify. I meant the following. Assume ghb is found and evidence of sex. The woman claims she didn't take it and didn't want to have sex. Wouldn't this be enough for a conviction?
- galagawinkle489 11mo ago[dead]
- fsckboy 11mo agoif the jury believed the woman's claims, yes, it's enough for conviction. conviction rates are high not because it's easy to prove guilt, but because district attorneys don't bring case that are likely to be lost. the scenario you describe might not be considered strong enough to win, and resources are limited, so this hypothetical case might not get a hearing.
- nasmorn 11mo agoNot in German law. There are no plea bargains there.
- fsckboy 11mo agoi'm not talking about a plea bargain, i'm talking about declining to prosecute, not filing charges after an arrest, or asking the court to dismiss the charges i am sure that every victim allegation does not lead to a prosecution in Germany
- johnisgood 11mo agoIt should not be enough for a conviction.
- jojobas 11mo agoOtherwise it would have been a free send anyone promiscuous to jail card. Have sex, take a tiny amount of whatever drug it is, straight to cops.