Former boyfriend used Craigslist to arrange woman's rape

AreaCode707

Lifer
Sep 21, 2001
18,447
133
106
So here's a question - assuming the guy who committed the rape really honestly thought he was engaging in a legal and consensual sex act, should he be convicted? What level of punishment would you recommend if you were on the jury?

Reporting from Denver - The advertisement appeared on Craigslist in early December.

"Need a real aggressive man with no concern for women," read the posting on the Internet classified advertising forum. Its purported author was a Casper, Wyo., woman, whose photo also was posted.

One week later, a man accepted the offer, forcing his way into the woman's home, tying her up and raping her at knifepoint.

"I'll show you aggressive," he allegedly said, according to court testimony.

In fact, authorities say, the woman had nothing to do with the ad. Instead, they say, a former boyfriend had posted it, soliciting her assault.

Such an incident would have been impossible -- or at least much less likely -- 20 years ago, Natrona County Dist. Atty. Mike Blonigen said. "It's probably only possible in our modern age," he said.

For Craigslist, the San Francisco-based website used by millions to sell and barter goods and services, the incident comes after a year punctuated by legal battles over its adult advertisements, as well as the highly publicized Boston slaying of a woman who advertised erotic services on the site.

Last year, Thomas Dart, the sheriff in Cook County, Ill., filed a federal lawsuit accusing the site of facilitating prostitution and urging the court to view it as a public nuisance. State attorneys general also pressured the company to eliminate what they called a "blatant Internet brothel."

Though Craigslist prevailed in the Illinois lawsuit, the website eliminated its erotic services section, replacing it with "adult services" and pledging to review every ad posted there to prevent flagrant prostitution and pornography.

Craigslist also has made headlines for cases of impersonation, including one last year in which a Long Island, N.Y., mother allegedly posted an ad seeking sex and directing men to the mother of her 9-year-old daughter's rival.

The Wyoming case began to unfold Dec. 5. Jebidiah James Stipe, 27, a Carbon, Wyo., native and Marine stationed at Twentynine Palms, Calif., allegedly posed as his ex-girlfriend and placed the ad seeking an aggressive man.

Two days later, she spotted it and contacted the Natrona County Sheriff's Office, as well as Craigslist, which took down the ad.

But Ty Oliver McDowell, 26, from Bar Nunn, Wyo., had allegedly already seen it.

McDowell, an employee of the Wyoming Medical Center's radiology department, e-mailed the address listed in the ad, according to an affidavit in the case.

McDowell later told authorities that he and the woman exchanged instant messages, and she described what she wanted -- "humiliation, physical abuse, sexual abuse," according to investigators -- and gave him her home address.

In fact, authorities say, McDowell was communicating with Stipe.

On Dec. 11, McDowell allegedly went to the woman's home and forced his way inside. He bound, blindfolded and gagged the 25-year-old woman, then raped her as he pressed a knife to her throat, the affidavit said.

Detectives said he told them he thought he was fulfilling her rape fantasy.


McDowell was arrested and charged with first-degree sexual assault, aggravated kidnapping and aggravated burglary. Stipe was also arrested and charged with conspiracy to commit first-degree sexual assault.

A maintenance mechanic who enlisted in the Marines in 2001, Stipe was in the process of being ejected for an undisclosed pattern of misconduct at the time of his arrest, a Marine Corps spokeswoman said.

Documents related to Stipe's arrest have been sealed. But as for the alleged rapist, Blonigen said his state of mind would be central to the case. Though jurors must weigh what McDowell believed to be true, they also must consider how a reasonable, objective person would view the situation, he said.

Blonigen said that although Craigslist officials had cooperated with the investigation, the fact that they published sexually suggestive ads also facilitated the crime.

"If I were king, I'd like to see them not run these personal ads," he said. "This is a debate we've had for a long time: . . . Do we censor the Internet?"

Craigslist did not respond to a request for comment.

Federal law protects Internet sites from liability for their users' actions, said M. Ryan Calo, residential fellow at Stanford Law School's Center for Internet and Society.

"The idea was that these website platforms were truly communities assembled of random users, with no editorial control over what users were doing. Craigslist is like a hotel with millions of rooms, but it doesn't have the ability to figure out what's happening in those rooms," Calo said.

A crime committed through a social networking site is no different than one perpetrated through a newspaper's printed classifieds, he said. Yet Internet-based crimes do make it easier for police to track down suspects because they leave a cyber-trail, Calo said.

But Steve Patterson, a spokesman for the Cook County sheriff who sued Craigslist, said the website wasn't blameless. By hosting an adult services forum, "they create this specific place for criminal activity to take place," he said.

As a "good corporate citizen," Craigslist should not involve itself in such business, he said.

Authorities have not said which section of the website published the posting, but Patterson noted that Craigslist had pledged to monitor adult ads.

He said it was unclear whether or how thoroughly it was doing so, and added that the Wyoming incident suggested a lack of monitoring.

"If a woman is putting an ad online saying she'd like to be raped, I'd hope it would be stopped," he said.

Correll writes for The Times.
http://www.latimes.com/news/nationw...e-craigslist11-2010jan11,0,1829364,full.story
 

FoBoT

No Lifer
Apr 30, 2001
63,084
15
81
fobot.com
intent only goes to the severity, not the crime itself
lock him up

just like an alcoholic that does a crime, being drunk isn't an excuse either
 

Jeff7

Lifer
Jan 4, 2001
41,596
20
81
Pretty soon we'll achieve easily-produced fusion, except it will be from the many kinds of stupidity which seem to be generated daily.

"Ok, break into a house, and then tie up, assault, and threaten to murder a woman while raping her. Hm.....Nope, nothing weird about that; let me just get the address quick. Oh crap, I need to get gas on the way."



"If a woman is putting an ad online saying she'd like to be raped, I'd hope it would be stopped," he said.
And of course, if that's genuinely been done, then it's not really rape, as rape is something which by definition is done without the consent of the "target" individual.
I don't think paradoxes are illegal.
 

lxskllr

No Lifer
Nov 30, 2004
60,349
10,751
126
That's a pretty weird case. You're judging 1 person's intent against another. What if it were a bondage S&M club. All the same laws apply, except they don't. I'd think someone would want clarification on exactly what was to happen, but people are into weird shit, and I could see someone thinking that was part of the game. I don't know that I'd be comfortable sending someone to jail based on the details in the article....
 

Udgnim

Diamond Member
Apr 16, 2008
3,681
124
106
does the article explain what the rapist did after he committed the sex act? can't assume he would leave her bound and tied up after intercourse if he thought the act was consensual.
 

SirStev0

Lifer
Nov 13, 2003
10,449
6
81
This was a L&O SVU episode. It was based on someone who already did it. They guy doing the raping got off. The ex-BF got charged with rape.
 

brblx

Diamond Member
Mar 23, 2009
5,499
2
0
anyone a palahniuk fan?

this reminds me of choke. only a little less humorous.
 

SirStev0

Lifer
Nov 13, 2003
10,449
6
81
I am amazed that there are people on here saying he should be locked up. What he was doing would have been completely legal if he wasn't duped into believing there was consent.

This is a whole entirely new shade of gray. And it is basically entrapment.
 

sixone

Lifer
May 3, 2004
25,030
5
61
Even if the woman had asked to be raped and mistreated, she still had the right to end their interaction at any point she chose. By tying her up and gagging her, McDowell took that right away from her.

Throw the book at him.
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
0
McDowell is an idiot for not properly checking, setting up safe words, anything like that... but sending him to prison for this is ridiculous. Entrapment is the best word to use for this. Perhaps put Stipe in for the rape/etc charges.
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
0
Even if the woman had asked to be raped and mistreated, she still had the right to end their interaction at any point she chose. By tying her up and gagging her, McDowell took that right away from her.

Throw the book at him.

That's absurd.
 

Eli

Super Moderator | Elite Member
Oct 9, 1999
50,419
8
81
Even if the woman had asked to be raped and mistreated, she still had the right to end their interaction at any point she chose. By tying her up and gagging her, McDowell took that right away from her.

Throw the book at him.

But what if he thought that's what she wanted?....

This is a really bizarre case. Like someone said, a totally new grey area that has never been encountered before.

It will be interesting to see how this plays out.

Assuming the story is 100% true, I'm going to say the guy doing the raping shouldn't be charged. It's the violent act that gets to our emotions, but if this really had been consensual, it would have been legal.

A mind-twister indeed...
 

SirStev0

Lifer
Nov 13, 2003
10,449
6
81
McDowell is an idiot for not properly checking, setting up safe words, anything like that... but sending him to prison for this is ridiculous. Entrapment is the best word to use for this. Perhaps put Stipe in for the rape/etc charges.

The thing is he might have. The convo/emails weren't given in detail. He could have been duped into thinking anything.

Personally, the Ex should have the book thrown at him. Intent to cause bodily harm, rape, fraud, stalking, attempted manslaughter, Criminal Conspiracy, everything.

Lock him up and throw away the key. And every Cigarette he earns in prison should be given to the victim. He is vile scum.
 

guyver01

Lifer
Sep 25, 2000
22,135
5
61
If the door was unlocked, he should be charged with Assault (not rape)
If the door was locked, he should be charged with B&E & Assault.

The ex-boyfriend should be charged with rape and assault
 

sixone

Lifer
May 3, 2004
25,030
5
61
But what if he thought that's what she wanted?....

That's the point. Once she's tied and gagged, he doesn't know what she wants. He's taken away her ability and her right to communicate her willingness - or lack of same.
 

SirStev0

Lifer
Nov 13, 2003
10,449
6
81
If the door was unlocked, he should be charged with Assault (not rape)
If the door was locked, he should be charged with B&E & Assault.

The ex-boyfriend should be charged with rape and assault

What if he had forced the guy at gun point to break in and rape her? Would you feel the same way?


In my opinion the Ex-BF was the one who raped/assulted her. He just used someone else's penis to do it.
 

SirStev0

Lifer
Nov 13, 2003
10,449
6
81
That's the point. Once she's tied and gagged, he doesn't know what she wants. He's taken away her ability and her right to communicate her willingness - or lack of same.
But tieing up and gagging someone is completely legal if it consensual. This guy thought it was.

Hell, he could have thought that she was going to caw like a chicken as a safe word. Or bang her foot 3 times. Or anything. He was told to do certain things and that it was going to be consensual. One of those things was bondage, something completely legal as long as consensual.
 
Jun 26, 2007
11,925
2
0
So here's a question - assuming the guy who committed the rape really honestly thought he was engaging in a legal and consensual sex act, should he be convicted? What level of punishment would you recommend if you were on the jury?

http://www.latimes.com/news/nationw...e-craigslist11-2010jan11,0,1829364,full.story

I've done some freaky stuff but the word no should be sacred, a no is always a no, it's a no according to UK law and it's a no according to me.

Lifetime without the chance of parole. maximum sentence and then some for being a retarded POS.
 

a123456

Senior member
Oct 26, 2006
885
0
0
There are numerous ways to communicate even being tied and gagged, as mentioned above. Such as an agreed upon gesture, patterns of grunts/noises, etc. However, the guy was completely stupid and ignorant to not verify these safe gestures/words before starting any activities since, presumably, it was the first time that these 2 had met in person. I can see not going over it if the two had done stuff before. But with a complete stranger? That's really dumb.

It's always a good idea to double check in case you break into the wrong house or whatever other thing can go wrong.

The ex-bf should definitely get the book thrown at him, no matter what.
 
Jun 26, 2007
11,925
2
0
That's the point. Once she's tied and gagged, he doesn't know what she wants. He's taken away her ability and her right to communicate her willingness - or lack of same.

If she says no before then, it's no, if not they have to agree on some kind of thing so she can abort.