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Friday, April 21, 2006

Huh?


He wants to run for office in South Dakota

This is posted up on Clean Cut Kid


Rep. Joel Dykstra: Rape is an undefineable buzzword

Submitted by Chad on Thu, 04/20/2006 - 17:20.

One advantage of having the extremists in the legislature pass the abortion ban this past session is that we are now getting to see their true colors. We now know what they really think.

First we had Bill Napoli and his simple rape and sodomized religious virgin exception. Now we have Rep. Joel Dykstra (R-Lincoln County) explaining what he thinks about the lack of a rape and incest exception. This appeared in the Two Rivers Times, which unfortunately does not have an online version to which I can link:

“I think ‘rape and incest’ is a buzzword,” said Rep. Joel Dykstra about not including those conditions in the abortion bill. “It’s a bit of a throwaway line and not everybody who says that really understands what that means. How are you going to define that?”

If you want to do anything to get rid of these wackos, a good first step would be to contribute to the Common Sense South Dakota PAC, which is supporting pro-choice Democratic candidates for the legislature

Oddly enough, the state of South Dakota has a clear explaination of what they consider rape

22-22-1. (Text of section effective until July 1, 2006) Rape defined--Degrees--Felony. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:

(1) If the victim is less than ten years of age; or

(2) Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; or

(3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or

(4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or

(5) If the victim is ten years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim; or

(6) If persons who are not legally married and who are within degrees of consanguinity within which marriages are by the laws of this state declared void pursuant to § 25-1-6, which is also defined as incest; or

(7) If the victim is ten years of age but less than eighteen years of age and is the child of a spouse or former spouse of the perpetrator.

A violation of subdivision (1) of this section is rape in the first degree, which is a Class 1 felony. A violation of subdivision (2), (3), or (4) of this section is rape in the second degree, which is a Class 2 felony. A violation of subdivision (5), (6), or (7) of this section is rape in the third degree, which is a Class 3 felony. Notwithstanding § 23A-42-2 a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.

(Text of section effective July 1, 2006) Rape defined--Degrees--Felony. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:

(1) If the victim is less than thirteen years of age; or

(2) Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; or

(3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or

(4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or

(5) If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim.

A violation of subdivision (1) of this section is rape in the first degree, which is a Class C felony. A violation of subdivision (2) of this section is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) of this section is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) of this section is rape in the fourth degree, which is a Class 3 felony. Notwithstanding § 23A-42-2 a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.
I hope that helps.

posted by Steve @ 10:53:00 AM

10:53:00 AM

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