Skip to comments.'She didn't affirmatively say no': Silence means consent according to defense...(Steubenville rape)
Posted on 03/12/2013 8:26:48 PM PDT by Morgana
FULL TITLE: 'She didn't affirmatively say no': Silence means consent according to defense in Ohio high school rape trial where passed out, drunken teenage girl was 'sexually assaulted' by multiple football players
Defense lawyers in the coming trial of two high school football players charged with raping a nearly passed-out-drunk 16-year-old girl are expected to argue on the issue of consent.
In the case that has shocked the nation, prosecutors state that the inebriated girl was taken to a number of parties by a group of drunk teenagers, supporting her to walk when she wasn't physically capable.
The prosecution claims that the group later sexually assaulted the girl while she lay unconscious.
But attorney Walter Madison, who represents one of the accused boys, argues she was drinking voluntarily and left willingly with the group of boys.
As reported by the Cleveland Trader Madison said: 'There's an abundance of evidence here that she was making decisions, cognitive choices.' 'She didn't affirmatively say no,' he stated.
(Excerpt) Read more at dailymail.co.uk ...
Sure it does. Being drunk impairs judgement. Her poor judgement does not make her sex partners, criminal.
I was also taken aback when it was obvious that the whole Penn State University administration was basically covering what was happening in the Sandowsky affair, but certain Freepers couldn’t see the value in Punishing Penn State over it.
According to the ABA, "...The basic duty defense counsel owes to the administration of justice and as an officer of the court is to serve as the accused's counselor and advocate with courage and devotion and to render effective, quality representation."
While I suppose qualitative arguments can be made regarding definitions for your term, "best case," and the ABA's terms, "effective, quality representation," I would contend that from a purely ethical and moral standpoint, neither the "best case," nor "effective quality representation," consist of blaming or smearing the victim.
Certainly, I understand that in the real world, many prosecutors and defense attorneys have less interest in justice being done than they do in chalking up a win, but at least in theory, a defense counsel's duty is to justice, and ensuring that the defendant's rights are respected in regard to the application of procedure.
And you are a chauvinist: what of it?
And you have never had sex without "saying" yes?
I hate KOS, but for some reason they seem to have sources (guess inside the crime) that extends past the news.
If this is true it is alarming and further sickening:
“At the end of the night she was deposited on the front steps of her parents home.”
I apologize for the source?
See my post #26. I am ashamed at the source but that is where I googled it. I despise KOS more than DU. But they seem to have an inside to crime material.
We’ve all been drunk out of our wits before, but doubt any deserved to get raped
Just as I have learned "rape" is any sex the girl regrets later.
The reason rape was so brutal to prove back in the seventies was because it was the standard "out" for pregnant girls in the fifties.
What always amuses me is how women want "equality" right up until that equality puts them at risk of "losing."
This is absurd.
And your reasoning for such speculation is....?
How is Kos worse than DU?
They are both insane, but KOS admits it.
What makes you think they don't, and that this is nothing more than "regret" on her part?
No, I meant that during the Penn St pedo scandal, I thought I was at DU with all the supposed conservatives defending the place, like they were blameless for the crap going on.
The fact that people have been arrested for doing it since “The Mickey”?
My take on WV is that he father is probably just like you described. Pretty similar to TX. Not good for perps. Yes, it looks like a crime to me. They could dance around this without the videoes, but they are there.
oh they did that and more.
This wasn’t a simple story of drunk boys feeling lucky - this is an especially nasty bunch.
The fact that arson has existed since man discovered fire does not say a thing about why someone's house burned down.