2 women deny rape charges

Started by daksdaddy, Jan 19, 2005, 02:02 PM

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daksdaddy

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Wednesday, January 19, 2005
By NANCY H. GONTER
[email protected]

NORTHAMPTON - Two women, one a Smith College student, pleaded innocent to rape and assault charges yesterday in connection with a sexual encounter that a prosecutor said started out consensual and turned into a rape involving handcuffs and knives.
   
Northampton District Court Judge W. Michael Goggins set bail at $2,500 cash or $25,000 surety for Rachel Ann Klobertanz, 22, and Augusta Claire Kendall, 22, at their arraignments yesterday morning. Kendall was released on bail yesterday morning.

The two appeared in court shackled and handcuffed, wearing jeans and hooded sweat shirts.

Assistant District Attorney Susan J. Loehn said the 20-year-old victim, who is a Smith College student as is Kendall, met the two defendants in downtown Northampton and went to their 104 South St. apartment.

The woman went there voluntarily, despite the fact she had obtained a restraining order against Klobertanz in August, according to Loehn and police reports. The incidents took place Friday night into Saturday morning, police said.

The three had "several bottles of champagne" and then went to a bedroom where the three engaged in consensual sex, according to Loehn and police reports. During the encounter, the victim was placed in handcuffs, although she did not remember how, police reports state. After Kendall slapped her face, the victim told the two she wanted to stop, police said.

They refused, and Kendall cut her abdomen and other areas of her body with a knife and raped her while Klobertanz held her legs, police said.

Kendall has no criminal record, while Klobertanz has a pending assault and battery charge in Rhode Island, Loehn said.

In an interview, Loehn, who had been with the Northwestern district attorney's office for more than 10 years, said while this case may be unusual, it is not the first time a woman has been charged with raping another woman here. It's unusual because of the level of violence that occurred, Loehn said.

The district attorney's office plans to seek indictments against the two in Hampshire Superior Court, Loehn said.

Their district court cases were continued to Feb. 18. Both are charged with two counts of aggravated rape, three counts of assault and battery, and one count each of assault and battery with a dangerous weapon and aggravated assault and battery. Klobertanz is also charged with violating a restraining order.

The victim had obtained the restraining order against Klobertanz in August, when she said the two had a fight about money, and Klobertanz got angry and pushed her into an antique clock and a bed, according to court documents.

"Then she grabbed me by the neck and tried to strangle me," the woman wrote in the affidavit she submitted when requesting the restraining order.

The incident took place in the victim's mother's house in North Kingston, R.I., where the two were reportedly living. The two had dated since March 2004, the victim said in court documents.

Also yesterday, a roommate of Kendall and Klobertanz obtained a restraining order barring them from entering the apartment they had shared with him. The roommate, Gerard N. Tomasini, said that when the two were arrested at their 104 South St. apartment, police told him that the two had a knife collection.

Tomasini said in an affidavit that he had a long history of conflict with the two, including Klobertanz who had been living their without his consent since mid-October.

Defense lawyer David Roundtree, hired to represent Kendall, said his client has a 3.0 grade point average. Her mother, who works in alumni relations at Yale University, was in the courtroom, he said.

"There are some significant issues with respect to consent," Roundtree said.

Lawyer Thomas H. Estes, appointed to represent Klobertanz, said both women told police the sex was consensual. He noted they were still at their apartment when arrested.
t is perhaps a terrible thing to say, but "rights and freedoms we are not willing to fight for are rights and freedoms we don't deserve."

HarryPawedHer

Please tell me I didn't just read an article about women raping women. :(

FP

But..but...but.. women never commit rape or domestic violence! Only men are potential and actual rapists!

Of course the victim who had a restraining order against this one gal goes with her.. :roll: . How dumb do you get lady. Of course the defense for the lesbian lothario will be, "daddy left the family when I was young and it hurt me so much.." thus blaming it all on a man.

Roy

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They refused, and Kendall cut her abdomen and other areas of her body with a knife and raped her while Klobertanz held her legs, police said.


OK, I'll admit my patriarchal ignorance...

Does "rape" of a female still involve involuntary penetration? Or can it be defined as unwanted tactile contact with a female's genitalia?

Last time I checked, "rape" required either penetration or engulfment... male vs. female sexual assault respectively.

Of course, rape can involve an object or appliance as well.

Apologies for my clinically-minded curiosity, but I'm a bit "twitchy" about the interpretation of laws....
It's a terrible thing ... living in fear." (Roy - hunted replicant. "Blade Runner.")

daksdaddy

Damn good question Roy.
Here are some answers. Perhaps someone with access to "Blacks Law" dictionary could provide a more thorough definition.

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rape definition - rape is unlawful sexual intercourse with a woman without her consent.


From   : http://www.legal-definitions.com/rape.htm

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RAPE - The carnal knowledge of a woman by a man (or vice versa) forcibly and unlawfully against her will. In order to ascertain precisely the nature of this offence, this definition will be analysed.


From   :  http://www.lectlaw.com/def2/q097.htm

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Rape is the perpetuation of an act of sexual intercourse with a person against her will and consent, whether her will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent or when, because of mental deficiency she is incapable of giving consent or when she is below the arbitrary age of consent.


From   :   http://ub-counseling.buffalo.edu/legal.shtml
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1) n. the crime of sexual intercourse (with actual penetration of a woman's vagina with the man's penis)



From   :   http://dictionary.law.com/default2.asp?selected=1718&bold=||||


Strange how "rape" is so onesided, Eh? I mean It would seem that "men" cannot be victims, with the exception of the second definition.
t is perhaps a terrible thing to say, but "rights and freedoms we are not willing to fight for are rights and freedoms we don't deserve."

Thomas

Dipwad journalist, Nancy H. Gonter, prevaricated:
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Assistant District Attorney Susan J. Loehn said the 20-year-old victim...

That's "alleged victim," Sweetcheeks. ALLEGED victim.

God knows, it's possible she's making a false accusation.
We Are Self-Exterminating Through The Collapse Of Fertility Rates.
The Death of Birth.
Fertility Rates Magazine.

The Gonzman

Quote from: "Thomas"
Dipwad journalist, Nancy H. Gonter, prevaricated:
Quote
Assistant District Attorney Susan J. Loehn said the 20-year-old victim...

That's "alleged victim," Sweetcheeks. ALLEGED victim.

God knows, it's possible she's making a false accusation.


50 lashes with the lace hanky of Political Correctness, Thomas.

Don't you know that false rape charges are so rare as to be statistically non-existant?

Bad MRA.  Bad!  BAD!
Yea, though I walk through the valley of the Shadow of death, I shall fear no evil, for I am the MEANEST son-of-a-bitch in the valley.

Thomas

The Gonzmeister adjudicated:
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50 lashes with the lace hanky of Political Correctness, Thomas.

Ouch... Oh... Ow.

More, MORE!

Ouch, ow, oooooooh!
We Are Self-Exterminating Through The Collapse Of Fertility Rates.
The Death of Birth.
Fertility Rates Magazine.

The Gonzman

Quote from: "Thomas"
More, MORE!


Now that's just plain sick.

Jessy - you come over here and sit next to him.  I need another Gin and Tonic.
Yea, though I walk through the valley of the Shadow of death, I shall fear no evil, for I am the MEANEST son-of-a-bitch in the valley.

LSBeene

And they go to Smith.  For the uninitiated that's a rad-fem college.  One of the "Seven Sisters" colleges too.

So, after all the rape indoctrination and education, a violent rape allegedly occured at a place where men are demonized and lesbians live in utopian splendor.

Steven
'Watch our backs at home, we'll guard the wall over here. You can sleep safe tonight, we'll guard the door."

Isaiah 6:8
"Whom shall I send? And who will go for us?" And I said, "Here am I. Send me!"

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