Using Videotape To Prevent Rape Accusations

[cdwjava]

I'm interested in possibly starting a company selling secret video recording equipment and I'd appreciate anyone who's in the legal profession/law enforcement or knows the law if any of the following scenarios would 1. Prevent someone from being arrested for rape - are these 2 independent from each other and 2. Prevent someone from being charged with rape or 3. Prevent someone from being convicted of rape.

There is no way to say with ANY degree of certainty that seeing a video or part of it will prevent a person from being arrested or charged. The tapes would very likely play a role in the deliberation process, but may not be so immediately available as to prevent an arrest or even the filing of charges.

Additionally, what you advocate would appear to violate PC 630 / 632 (et seq). And in Gibbons (1989) 215 Cal.App.3d 1204, the court found a violation of California's privacy statutes (Pen.Code, §§ 630, 632) where the defendant secretly videotaped his sexual encounters with different unsuspecting females at his residence, on the theory that intercourse is a protected form of "communication." And, we ARE a two party state, after all.

So, these tapes may very well absolve the client of "rape", but they may well provide evidence of other criminal acts.

- Carl

[jk]

So, simply put;

you're damned if you do and you're damned if you don;t.

I suppose there isn;t anything a prosecutor likes better than a person, in trying to prove innocence for one crime, actually provides the evidence that will convict them of some other crime. I think they call that a swing and a miss followed with the next pitch resulting in a home run.

[cyjeff]

So, I guess we are back to only having legally risky activities with people that you trust.

And, suddenly, spring break sites all over the country see a reduction in attendance...right...

[cyjeff]

One more point.

You poo poo'ed my thought of a consensual contract.

If you lent this same person $1000, you would insist on a written document stating both sides intent and benefit.

However, with sex, that would take all the air out of the room.

Try showing her the sign that states "sexual partners may be videotaped for the owner's protection" on your headboard.

[cdwjava]

Or, only market the product in one party states and/or ones where such video taping is actually entirely legal.

One of the hazards in a world with free sex at every turn is that one runs not only biological risks, and the risks of angry lovers, one also has to run the risk of becoming involved with a manipulative or psycho woman (or man). Now, perhaps if we returned to the days of actually dating and getting to KNOW your partner before leaping into the sack 30 minutes after cocktails, things might take a turn for the better.

- Carl

[cyjeff]

Which, kinda, goes back to my original response.

There is no way to protect yourself from a lover you don't trust at all but still want to schtup.

Kids today. Always want to find out if you share an interest in classic Darwinian literature, alpaca raising and civil war reenactments AFTER they find out if they can do the hubbady bump.

Sheesh.

[Hersh2000]

As I said before, I think some of you are interpreting the law differently than it is. Specifically, the rules of evidence for the defense are different than the rules for the prosecution. Specifically, The defense may be allowed to use secretly hidden videotape to prove someone innocent against rape. If it is used and exonerates you, I doubt you would then be charged with the crime of videoing sex acts or whatever its called. And evevn if you are, I doubt it would be a felony. As for the person you used to discredit the testimony of saying you raped her- you really think she'd have a chance in hell of suing you civilly for the tapes after she committed perjury against you for saying you raped her when the tapes exonerated you? That's like begging the court for mercy after you killed your parents because you're an orphan!

[cyjeff]

Courts are not in the habit of turning a blind eye to crimes admitted to the court.

[Mr. Knowitall]

As for the person you used to discredit the testimony of saying you raped her- you really think she'd have a chance in hell of suing you civilly for the tapes after she committed perjury against you for saying you raped her when the tapes exonerated you?

And as you would have only slept with this one person on tape, nobody else would realize what you have done and seek to sue or prosecute your a**.

[cdwjava]

And, of course, if the tape is inconclusive because the allegation involves inebriation or intoxication, then it can still backfire.

Go ahead and market this if you want ... some fool might actually buy it.

- Carl