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'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
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"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."

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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
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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.)
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To: servo1969

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


3 posted on 03/12/2013 1:25:49 PM PDT by Sacajaweau
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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.....)
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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..)
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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.)
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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.)
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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)
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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
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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.})
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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
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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
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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
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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
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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)
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To: servo1969
The affirmative action idiot:


16 posted on 03/12/2013 2:18:03 PM PDT by Trailerpark Badass (So?)
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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...)
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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)
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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)
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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
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