Humorous call.

[Zamboni]

Well its humorous to me anyway and probably to a lot of other cops. Citizens might not find it so funny. Also, this is X-rated for those of you with virgin eyes.

Last night Phillip, who is 18, reported to me that Ted, his 70 year old landlord, came over to get the rent. Ted then asked Phillip out to dinner. Phillip gladly accepted. On the way home Ted asked Phillip if he would like to go home and watch some porn with him. Phillip gladly accepted. During the showing of "Gangbang Girls" Ted started kissing Phillip who again gladly accepted. Ted then pulled down Phillips pants and proceeded to perform oral sex on Phillip who again gladly accepted. About two minutes later Phillip reached his bursting point and well you know. Ted, the kind soul that he is, then pulled out a hankie and wiped off excess off of Phillip's privates. Phillip then asked Ted for a ride home.

Phillip freely admits he never resisted, never told Ted no, never gave any indication that he wasn't a willing participant. But he claims he was raped and thus reported it to the police and I got stuck with the call. Neither the Sgt or I could figure out what to do with this. We have a victim who feels they have been raped when by their own admission clearly wasn't by any legal definition. This whole thing smacked of I.A. if we didn't treat it seriously but it was hard to when your discussing retrieving DNA samples off of a hankie.

[Sig220Man]

Speaking strictly from California law (I'm not sure what state you're in), I'm not able to find any crime here.

Both parties were adults (and none was the caretaker of the other), and both appear to have been consenting. The acts were done in the privacy of one's home, and not in a car or some public place.

It sounds like to me he's either feeling extremely guilty for what he's done (and thinks making a police report will somehow make him feel better), or he's trying to exact some sort of revenge against his landlord.

If this were me, I'd take the report anyway, and book the hankie into evidence. Let the detectives determine whether or not to proceed further.

[Zamboni]

Exactly. I put the magic words at the end of my report. Please forward to detectives for followup. Technically in my state they committed sodomy because by our defintition sodomy includes consesual oral sex. But in my state its also technically illegal for an unmarried consenting male to have consensual sex with a an unmarried female. Like any prosecutor is going to go within ten miles of this case.

[Cheese Whizz]

Now, there may be some sort of clause...

But if you get an erection, that might mean you're excited, and feeling pleasure... And, well... niether of those really factor into my definition of rape... Unless there is some sort of carnal instinct that you can't control or something... *cough* anywho...

[DesertRat]

Originally posted by Cheese Whizz:
Now, there may be some sort of clause...

But if you get an erection, that might mean you're excited, and feeling pleasure... And, well... niether of those really factor into my definition of rape... Unless there is some sort of carnal instinct that you can't control or something... *cough* anywho...

Here I go again, making comments totally unrelated to the thread at hand, dealing with my lack of sleep dilusional takes on peoples choice of Officer.com handles, but wouldn't comments like this be a lot easier to...um...swallow...from someone that didn't have the word whizz in their name.
OK, I'm going to bed, to sleep, now.

[MPD3P59]

I just handled a very similar case. As a Detective, I send the facts to the District Attorney's Office who declines to prosecute or file charges. It's like passing the liability-buck onto them. I think that we should prosecute more of these type of 'victims' who come up with BS reports like this but that's not politically correct.

[Mitzi]

EWWWWWWWWWWWWWWWWWWWWWWWWW! GROSS!

[PartTimer]

ROFLMAO
Anyway, sounds like someone has to save face.

[RachelR]

Sounds like you need to go to bed Desertrat!