Skip to comments.'She didn't affirmatively say no': Silence means consent according to defense in rape trial
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 ...
'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?
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.
So the boys did the right thing then...right???
“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.
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..
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...
Rapists are black. Victim is white. Why not hate crime charges?
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.
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.
Charge them with kidnaping and statutory rape. oh make sure the charges included the word MINOR prison inmates love that word.
Terri Schiavo was unable to affirmatively say no to being killed too.
Tape that atty’s mouth shut, paint a goat’s tail on his butt and throw him in Guantanamo.
Silence = consent
At one time all guys knew the unwritten Man Rule that gentlemen do not take advantage of ladies who are “under the weather.”
They didn’t tell them “affirmatively” when they walked into the store that they had to pay for stuff!
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.
Only one of the accused rapists is black. The other is white.
I wonder if the old Gentleman’s Code, though often broken, provided more protection for women than the new PC code.
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