Post by
themadscientist »
https://forums.nicoclub.com/themadscientist-u2806.html
Fri Oct 26, 2012 6:06 pm
Moving past the extreme absurdity of the defense's case on its very face it would seem that it could have easily been toppled.
Essentially, the court has upheld sex as an "opt out" model. If you don't say no anything can be done to you. I would disagree with that immediately, but let's grant the defense that so we can move on to the next issue. Do we not find people guilty for rape in cases where the victim was unconscious and thus unable to provide consent? We do, and that establishes a precedent that, in fact, sex is not characterized by an opt out model, but rather an opt in model. The absence of denial does not equal consent, but it has been established that the absence of consent can and does open the door for a criminal charge and a finding of guilty.
I'm not sure where these judges earned their law degrees, the Caribbean, the Philippines, wherever it was they didn't get their money's worth because they are clueless. I doubt this case would have survived in an intro to law class at a community college.
I sincerely hope that each one of them, very soon, will get jumped, knocked out and brutally raped either vaginally or anally as is possible. Based upon their own ruling they will have no case, but aggravated assault.