Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

'She didn't affirmatively say no': Silence means consent according to defense in rape trial
Daily Mail ^ | 12 March 2013 | Associated Press and Daily Mail Reporter

Posted on 03/12/2013 1:20:13 PM PDT by servo1969

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.

The two high school football players Ma'Lik Richmond, 16, and Trent Mays, 17, will face a judge on Wednesday.

The girl, from Weirton, West Virginia, is not expected to testify in Jefferson County juvenile court when the case begins.

Richmond's attorney Madison said of the girl: 'The person who is the accuser here is silent just as she was that night, and that's because there was consent.'

Others have argued that the Jane Doe was clearly too intoxicated to consent to sex and that this was something that has been confirmed by multiple witnesses.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Ohio
KEYWORDS: big; football; high; ohio; rape; red; school; steubenville
"As reported by the Cleveland Trader, Ohio Associate Attorney General Marianne Hemmeter said at an October hearing: 'The state doesn't have to prove that she was flat-lined.'

'Everybody agrees she's puking. She's puking on herself. People have to help her walk. She can't talk. She's stumbling,' Hemmeter added.

Around Steubenville, a football-powerhouse city, some are demanding to know why at least three other teens aren't facing charges on Wednesday too.

After the athletes' arrest last summer, one of the many rumors that swirled around town proved all too true: Three boys, two of them members of Steubenville High's celebrated Big Red team, saw something happening that night and didn't try to stop it. Instead, two pulled out their cellphones and took video and a photo."

------------

Hey feminists! This what happens with some young men if they aren't taught to treat women with respect. They end up having absolutely no respect for women! I know, crazy huh?


1 posted on 03/12/2013 1:20:13 PM PDT by servo1969
[ Post Reply | Private Reply | View Replies]

To: servo1969

When the facts are on your side, pound the facts
When the law is on your side, pound the law.
When you have nothing,
Pound the table.


2 posted on 03/12/2013 1:24:30 PM PDT by edcoil (Half of every class gratuates at the bottom, they are now politicians.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: servo1969

So the boys did the right thing then...right???


3 posted on 03/12/2013 1:25:49 PM PDT by Sacajaweau
[ Post Reply | Private Reply | To 1 | View Replies]

To: servo1969

“Richmond’s attorney Madison said of the girl: ‘The person who is the accuser here is silent just as she was that night, and that’s because there was consent.’ “

Implied consent only applies to medical treatment dummy attorney Madison.
Yeesh.


4 posted on 03/12/2013 1:29:48 PM PDT by Darksheare (Try my coffee, first one's free.....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: servo1969

ONLY a democrat could NOT see the malicious intent of this crime..
Tells you a lot about democrats..

No not some of them... ALL of them..
To even be.... a democrat shows treasonous intent.. it is a “tell”..
They are blind to fact the democracy is a LIE.....
and that no democracy has ever been democratic..

AND WHY? the words democrat, democratic, or democracy is no where to be found in the American Constitution... ANYWHERE..

One reason for the American Constitution not two or three.. only one reason...
TO LIMIT THE FEDERAL GIVERNMENT.. place shackles on it, hamstring it, blind it..


5 posted on 03/12/2013 1:34:21 PM PDT by hosepipe (This propaganda has been edited to include some fully orbed hyperbole..)
[ Post Reply | Private Reply | To 1 | View Replies]

To: edcoil

1 Blame the parents of all these children (the victim’s too) for enabling all of this to happen
2 Prosecute the little animals who did the deed with all that you’ve got
3 Shame the attorneys who are willing to put forward such a distasteful defense
4 Post videos of all the children who did nothing but record the deed on YouTube so we can tell them exactly what we think of them

That’s a start, anyway...


6 posted on 03/12/2013 1:35:32 PM PDT by FatherFig1o155 (Politicians are like diapers; they need to be changed often and for the same reason.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: FatherFig1o155

Rapists are black. Victim is white. Why not hate crime charges?


7 posted on 03/12/2013 1:38:40 PM PDT by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: servo1969
"She didn't affirmatively say no."

It would have been pretty hard for her to do that, seeing as she was comatose. Nice try though.

These guys are no better than barbarians, and they deserve a good whipping.

8 posted on 03/12/2013 1:39:14 PM PDT by Wyrd bi ful ard (Gone Galt, 11/07/12)
[ Post Reply | Private Reply | To 1 | View Replies]

To: servo1969

It’s also what happens in towns that engage in high-school football worship (a common affliction in these parts) and start pumping up sixteen year-old heads with the belief that they are Champion Superstars who can do no wrong, with all of the adults kissing up to them and covering for all their indiscretions.

Look the other way on homework cheating, traffic tickets or shoplifting because “you need him at tailback next week for the big game” and eventually THIS is what happens.


9 posted on 03/12/2013 1:39:56 PM PDT by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

To: servo1969
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.

Would that be as opposed, perhaps, to "negatively saying no?" Or, if one is "affirmatively saying no," does that mean that one is saying, "Yes, no?"

Come to think of it...this whole line of defense kinda stinks.
10 posted on 03/12/2013 1:41:14 PM PDT by Milton Miteybad (I am Jim Thompson. {Really.})
[ Post Reply | Private Reply | To 1 | View Replies]

To: Milton Miteybad

Charge them with kidnaping and statutory rape. oh make sure the charges included the word MINOR prison inmates love that word.


11 posted on 03/12/2013 1:58:25 PM PDT by Bidimus1
[ Post Reply | Private Reply | To 10 | View Replies]

To: Wyrd bið ful aræd

Terri Schiavo was unable to affirmatively say no to being killed too.


12 posted on 03/12/2013 2:07:17 PM PDT by taterjay
[ Post Reply | Private Reply | To 8 | View Replies]

To: servo1969

Tape that atty’s mouth shut, paint a goat’s tail on his butt and throw him in Guantanamo.

Silence = consent


13 posted on 03/12/2013 2:08:36 PM PDT by Cowgirl of Justice
[ Post Reply | Private Reply | To 1 | View Replies]

To: servo1969

At one time all guys knew the unwritten Man Rule that gentlemen do not take advantage of ladies who are “under the weather.”


14 posted on 03/12/2013 2:13:41 PM PDT by colorado tanker
[ Post Reply | Private Reply | To 1 | View Replies]

To: Buckeye McFrog

They didn’t tell them “affirmatively” when they walked into the store that they had to pay for stuff!


15 posted on 03/12/2013 2:15:06 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
[ Post Reply | Private Reply | To 9 | View Replies]

To: servo1969
The affirmative action idiot:


16 posted on 03/12/2013 2:18:03 PM PDT by Trailerpark Badass (So?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: servo1969

This is an attempt to misapply a genuine legal principle. The old Common Law maxim “silence implies consent” presumes conscious, intentional silence — and even when it applies could be consent obtained through fraud, fear of bodily harm, or other coercion, which would not be the sort of consent which would invalidate a charge of rape.


17 posted on 03/12/2013 2:19:23 PM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Wyrd bið ful aræd

Death penalty


18 posted on 03/12/2013 2:27:24 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Jack Black
Rapists are black. Victim is white. Why not hate crime charges?

Only one of the accused rapists is black. The other is white.

19 posted on 03/12/2013 2:37:56 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 7 | View Replies]

To: colorado tanker

Egggzackly.

I wonder if the old Gentleman’s Code, though often broken, provided more protection for women than the new PC code.


20 posted on 03/12/2013 3:08:04 PM PDT by Sherman Logan
[ Post Reply | Private Reply | To 14 | View Replies]

To: colorado tanker

The article does mention that there are “others” that are not being prosecuted. IMHO the feral animals that videotaped the rape and took pictures are as guilty as those that physically assaulted the girl. The whole town should be ashamed.


21 posted on 03/12/2013 3:09:44 PM PDT by bitterohiogunclinger (Proudly casting a heavy carbon footprint as I clean my guns ---)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Sherman Logan
I'm convinced women were safer in what the feminists consider the bad old days.

Of course, there was also an unwritten ladies code that a lady would not drink to excess in the company of hormonal young men. If both sexes observed their rules this kind of thing was minimized.

22 posted on 03/12/2013 3:22:38 PM PDT by colorado tanker
[ Post Reply | Private Reply | To 20 | View Replies]

To: Jack Black
Rapists are black. Victim is white. Why not hate crime charges?

In post #1 I see a black kid and a white kid hauling the drunk white girl. So is it a love crime if whity does it?

23 posted on 03/12/2013 3:40:07 PM PDT by LoneRangerMassachusetts (The meek shall not inherit the Earth)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Sherman Logan

Liberalism isn’t about protecting women, but destroying them.


24 posted on 03/12/2013 3:58:22 PM PDT by 1010RD (First, Do No Harm)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Cowgirl of Justice

The attorney has an obligation to wage as good a defense as possible on behalf of his clients, and it’s pretty hard (I think) to remove oneself from a bad case once things are in motion.

This is an incredibly weak - I mean I can’t think of a more emphatic way to state that - argument to make. I’d guess that the defense tried to get the defendents and their parents (since they are both minors) to plead down and was told no.


25 posted on 03/12/2013 4:06:17 PM PDT by tanknetter
[ Post Reply | Private Reply | To 13 | View Replies]

To: Jack Black

“Rapists are black. Victim is white. Why not hate crime charges?”

Colors are backwards. I thought everyone knew the system by now.


26 posted on 03/12/2013 4:21:54 PM PDT by BobL (Look up "CSCOPE" if you want to see something really scary)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Jack Black

Rape is rape, no matter what your skin color.

Or am I wrong?


27 posted on 03/12/2013 4:33:08 PM PDT by FatherFig1o155 (Politicians are like diapers; they need to be changed often and for the same reason.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: tanknetter

I spoke without thinking. I know that he does have to present the best defense for his client but I am wondering when the victim’s rights are taken into consideration?

The criminals are deemed to be of more worth than the victims and are treated with kid gloves.


28 posted on 03/12/2013 4:51:16 PM PDT by Cowgirl of Justice
[ Post Reply | Private Reply | To 25 | View Replies]

To: Cowgirl of Justice
The criminals are deemed to be of more worth than the victims and are treated with kid gloves.

That's been the way of our criminal justice system for quite awhile now. Sad but true.

29 posted on 03/12/2013 5:19:05 PM PDT by FamiliarFace
[ Post Reply | Private Reply | To 28 | View Replies]

To: FamiliarFace

It’s neither sad nor true. This system is the best in the world. As a defense lawyer you have to go with what you’ve got and if you were arrested you certainly wouldn’t want your lawyer to tell you, “well let me ask the victim if this defense is ok.” You zealously represent your client within the bounds of ethics and the law, period. I am so tired of all this victim’s rights bs. Look at Duke lacrosse. What if their lawyer was like, well damn, this looks bad, forget it guys, let’s plead guilty.

Now in the instant case, yes, it looks very bad, but then this is the only thing the lawyer could do. So the system will likely work and they will go down swinging, as it should be.


30 posted on 03/12/2013 5:39:34 PM PDT by rudabaga
[ Post Reply | Private Reply | To 29 | View Replies]

To: rudabaga
It’s neither sad nor true.

BS.

There have been many cases (usually rape-related) where the victims have been vilified, and it's been going on for years. Victims have had to fight and claw for any rights at all. We bend over backwards in this country for the alleged criminals.

This case is nothing like the Duke case. That was a witch-hunt extraordinaire perpetrated by political motivations on the part of a DA. I was 100% on the side of the lacrosse players. How did I know they were innocent of the charges? Because they didn't argue that it was consensual sex. They said the sex never happened. That rarely happens when it comes to rape cases.

In this case, the defendants are arguing that the girl gave implied consent. However, she was too impaired to give consent, and there is plenty of evidence to support that.

I'm not suggesting that the young men involved don't deserve the best defense, but I am hoping that them blaming the victim here will backfire on them.

31 posted on 03/12/2013 6:00:11 PM PDT by FamiliarFace
[ Post Reply | Private Reply | To 30 | View Replies]

To: servo1969
It looks like the liberal rape prevention kit failed to stop this rape. The girl puked on herself several times yet it didn't stop the rape. Maybe it only works if you urinate and defecate in your pants while puking on yourself?
32 posted on 03/12/2013 7:10:13 PM PDT by peeps36 (America is being destroyed by filthy traitors in the political establishment)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FamiliarFace

It likely will backfire on them but I don’t understand what people mean when they say we bend over backwards for alleged criminals. We afford them constitutional rights, and believe me, as little as possible. Look at the Connick v. Thompson 2011 for a real lesson in how we dispense constitutional rights to defendants. Prosecutors can lie and withhold evidence proving you are innocent and cannot be held liable and IF you get lucky enough to get out 18 years later, a month before your execution, you get nothing, nada, zip. Good luck and see ya.


33 posted on 03/12/2013 10:59:56 PM PDT by rudabaga
[ Post Reply | Private Reply | To 31 | View Replies]

To: Buckeye McFrog

“It’s also what happens in towns that engage in high-school football worship (a common affliction in these parts)”

Not that far from Penn State either! Guess it’s an area-wide “affliction.” Rape is rape, whether it’s little boys or little girls! When you read stuff like this, it makes you realize why Obama’s election was a slam dunk! Earl Butz was right!


34 posted on 03/12/2013 11:01:45 PM PDT by vette6387
[ Post Reply | Private Reply | To 9 | View Replies]

To: rudabaga

“Now in the instant case, yes, it looks very bad”

While I agree with your premise, what looks bad is a Black lawyer using nonsense before the court to get his Black rapist clients off! And I agree with the other posters who say that those who were “witnesses” should be prosecuted too.


35 posted on 03/12/2013 11:07:00 PM PDT by vette6387
[ Post Reply | Private Reply | To 30 | View Replies]

To: Sacajaweau

So the boys did the right thing then...right???


That’s why little girls have brothers, daddys, uncles, and grandpas.
-In fact it was I who asked my dad not to castrate my future brother in law...and my uncle Gus checked with my sister.


36 posted on 03/12/2013 11:27:21 PM PDT by S.O.S121.500 (You can have my lawyer after you pry my cold, dead fingers from around his neck.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: vette6387

I think one of the defendants is white. Otherwise I don’t see what race has to do with this case. Whatever color the lawyer is he has to do whatever he can. He’s got a horrible case. I’ve defended people accused of very bad things, you have a job and it’s really disconcerting to hear conservatives talk about how we give people too many rights. We are talking about the Constitution here. Just burns me hearing it.


37 posted on 03/13/2013 12:42:52 AM PDT by rudabaga
[ Post Reply | Private Reply | To 35 | View Replies]

To: rudabaga

“Whatever color the lawyer is he has to do whatever he can. He’s got a horrible case.”

I was merely commenting on the nonsensical notion that this “lawyer” was raising that a woman who has passed out somehow consents to be sexually assaulted because of her inability to verbalize the word no, and the further “affirms” consent because she “went with them!” I don’t have a problem with mounting a “defense” just that it should make sense to a normal human being (as opposed to most lawyers).


38 posted on 03/14/2013 12:06:42 AM PDT by vette6387
[ Post Reply | Private Reply | To 37 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson