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jamiemartin721 Reading 10 May 16 12.01pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Originally posted by becky
I wasn't referring to responsibility for consent to sex, Jamie but to taking responsibility for your OWN behaviour and actions and not getting so drunk that you go off in a cab to an hotel, with a total stranger and have sex with 2 men, then can't remember how you got there the next morning! No one, based on the evidence at the trial, can say that anyone else was responsible for the woman being in that state but herself! No, but then that doesn't excuse someone who maliciously takes advantage of that situation. We are indeed responsible for our own behaviour, and clearly the jury saw that as far as McDonald was concerned - It was reasonable for him, to assume consent by his and her actions (those of a reasonable person). We've all probably done that, got drunk or wasted, and gone home with someone and had sex with them, and regretted it. Remember that the accused travelled to the Hotel, he wasn't there, on learning that McDonald had a women with him, obtained a key, and let himself into the room, engaged in sex with someone who was very drunk, and then left. That's a very different scenario. The argument is that he went there specifically to engage in sex, without invitation and it would be unreasonable for him to believe she had consented (if as the prosecution demonstrated) she was that drunk, and also that he was himself not intoxicated. I think its reasonable to say if that is the case, the accused is responsible for his own actions, and that the actions of the accused are largely irrelevant in the scenario (as it relates to him). Of course one could expand further and suggest that they planned it, that McDonald would find someone who was intoxicated and bring her back, and then the accused would join them - but that wasn't proven. If the drunk girl has responsibility for her actions, then so does the accused.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
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jamiemartin721 Reading 10 May 16 12.09pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Originally posted by Hoof Hearted
Don't you just love our Becks? The voice of reason. Let's hope the new judge/jury use their commonsense and throw this out. Personally I'd rather the listened to the evidence, take into account the law, and make a decision based on the trial, rather than their common sense. It seems common sense automatically assumes that drunk women are fair game, even if you don't know them. Because it seems women are to be held very accountable for their actions, but men aren't held equally accountable. If I have sex with someone who's drunk, that I've never met, in an alley way, and they say they were raped. The assumption of consent isn't established if only the accused state it was given. The issues for the accused isn't about consent. Its about his actions prior to sex, and after sex, being considered 'reasonable' to assume consent. Now it could all be a pack of lies. But its down to the jury to determine, beyond reasonable doubt, whether it was rape, as defined in law, not 'common sense' or their opinion of rape.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
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Hoof Hearted 10 May 16 12.18pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Originally posted by jamiemartin721
Personally I'd rather the listened to the evidence, take into account the law, and make a decision based on the trial, rather than their common sense. It seems common sense automatically assumes that drunk women are fair game, even if you don't know them. Because it seems women are to be held very accountable for their actions, but men aren't held equally accountable. If I have sex with someone who's drunk, that I've never met, in an alley way, and they say they were raped. The assumption of consent isn't established if only the accused state it was given. The issues for the accused isn't about consent. Its about his actions prior to sex, and after sex, being considered 'reasonable' to assume consent. Now it could all be a pack of lies. But its down to the jury to determine, beyond reasonable doubt, whether it was rape, as defined in law, not 'common sense' or their opinion of rape. You over think stuff Jamie.
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Stuk Top half 10 May 16 12.18pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 If you'd merge this with the other thread you'd stop having to retype your points of view, jamie.
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jamiemartin721 Reading 10 May 16 12.37pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Ok, more simply put. If only the accused say that consent occurred, should we believe them.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
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jamiemartin721 Reading 10 May 16 12.38pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Originally posted by Stuk
If you'd merge this with the other thread you'd stop having to retype your points of view, jamie. I'd have to edit out the name, with the accused.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
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jamiemartin721 Reading 10 May 16 12.39pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Originally posted by Hoof Hearted
You over think stuff Jamie. Ok, then why isn't it rape.
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Hoof Hearted 10 May 16 12.41pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Originally posted by jamiemartin721
Ok, then why isn't it rape. I refer you to Becky's earlier "award winning" post mate. Says it all.
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dannyh wherever I lay my hat....... 10 May 16 12.44pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Originally posted by jamiemartin721
So if you got really drunk, crashed over at a friends house, and then their friend turned up and sodomised you, that would be ok. No of course not, I would have to be unconscious, beyond response. This tart was clearly awake and compos mentis on arrival as the video clearly shows, no way she didnt know what was going, she got the hump because he f***ed her then f***ed off. Provided they both said you consented, and you couldn't remember anything? Or is it different because its a woman, and we in society have a kind of acceptance of the idea that its kind of ok. Bulls***, not anywhere did I imply it's ok if it's women, male rape is on the increase and normally involves drugs. I'd like to see any poof try and bum me without me being totally unable to function. Does the same analogy of 'looking out for yourself' apply to men, or other crimes. If for example, you wander down a known crime spot, late at night, are you asking to be robbed. No but you have ignored the risk to your personnel safety and put yourself in possible harms way if you make that risk assessment and decide to enter into a s*** hole at night and do get mugged etc, then you have to take some proportionally responsibility as it is a risk you took. For example would I knowingly go back to gay guys hotel room, then wait till his mate showed up FCUK NO !! Because she could have said no, at no point in time did McDonald admit to having sex with her, it was only Evans that admitted he had sex with her that lead to his original conviction, why would you admit to having sex with a women you raped ? We shouldn't as men, be f**king people who are to drunk to understand. Especially if we've only just met them in our friends hotel room, at 2am.... Agreed, however IMO she was not that intoxicated as to have no control of any of her faculties. She was there at her own volition and was not press ganged.
Gold digger end of.
"It's not the bullet that's got my name on it that concerns me; it's all them other ones flyin' around marked 'To Whom It May Concern.'" |
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jamiemartin721 Reading 10 May 16 1.04pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Originally posted by dannyh
Well I'm relying on the prosecutions case, rather than other details, and I'm keen to see the new evidence etc. Clearly the jury in question at the time believed she was intoxicated and that his actions were unreasonable to assume consent beyond a reasonable doubt. But I do accept he might well be innocent. What people outside of the trial think is rape, or their opinions, are pretty pointless, as its the evidence that counts, not individuals abilities to point to inconsistencies or personal judgements, especially if it was presented at a losing trial. If video proves she wasn't intoxicated, then why couldn't the defence make that case. The prosecution has to prove beyond reasonable doubt. A lot of what you say seems fairly reasonable to me, but then the question remains how s**t was his defence, if they couldn't make those arguments. Its fairly standard when an appeal is granted in a retrial, rather than a miscarriage of justice, that an acquittal is issued for the crime. For a point of interest I don't think that the accused believes he is, or was committing rape either. But then that's not uncommon among many sex offenders. Most rapists admit to having sex with their victim however, because at that point they don't know what evidence the police have. If they make a statement saying they didn't have sex with the victim, and then the police can prove forensically that they did, they're f**ked. The best forensic counter measure is to admit to sex and then claim it was consensual.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
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DanH SW2 10 May 16 1.14pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Think it's worth pointing out that it's only gone to a retrial; the guilty conviction could yet still stand. People commenting strongly one way or another should probably wait until the verdict is given again.
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Jamesrichards8 10 May 16 1.15pm | |
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This post has been merged from a topic called 'Ched Evans' by jamiemartin721 Originally posted by jamiemartin721
Ok, then why isn't it rape. Yo Jamie. Are you in the jurisprudence game? If so can I have an internship at your firm?
When you’re knocked on your back and your life’s a flop... |
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