The same way that the majority of 'intelligent' people in a thread accept a biased blog post as sound legal transcript.gamefreakbsp said:How can any intelligent person take that defense seriously, let alone an entire jury of intelligent people?
The same way that the majority of 'intelligent' people in a thread accept a biased blog post as sound legal transcript.gamefreakbsp said:How can any intelligent person take that defense seriously, let alone an entire jury of intelligent people?
This...I have a friend currently going through the same process (not down to skinny jeans but whatever), his final court date is coming up and theres a chance he could be going to prison for something i know he didn't commit, thats not to say it didn't happen but i know my friend in question is innocent.Davrel said:OK - you may find it a little crazy, but what if he was actually telling the truth and he didn't rape her? There are plenty of fucked-up women out there too (not as many as men admittedly, but still).
The law works on the basis of proving something "beyond reasonable doubt", if the prosecution can't do that, then tough.
He was found innocent by a jury of his peers and his life wasn't ruined by a (possibly) wrongful rape conviction. As far as I'm concerned, he's innocent.
I'm glad you're not on the jury, it that's any consolation. It's people with biased, uninformed views that give juries a bad name. Look up the word 'objectivity'.slowpoke999 said:I can't even joke about this because of the fact she was wearing SKINNY pants, not fucking loose ones so there goes the 'they were already loose she was asking for it'
It doesn't matter if this was just a thread in a string of evidence, where the fuck would 'her pants were tight' spring up, does the jury know exactly how the guy was trying to rape her and how much force he was exerting.Maybe they are all old fucks, infact, that's probably the whole argument, old people should not be allowed in juries, that be a more rational argument then 7 out of 12 people being retarded enough to think it's impossible to remove or make a girl remove their tight jeans, or maybe they're weak/stupid as fuck"Oh that guy couldn't remove her pants, I'm strong but need mommies help putting my shirt on, and I'm like the strongest guy I know".
EVEN IF she removed the pants herself, it would be so easy to say to a girl to remove her pants or you'll kill her,unless she stated he removed the pants himself
It's still an all or nothing thing; one infamous trial of a politicion ended with a hung Jury because 2 jurors flat out refused to be unbiased (both were supporters of his party, one was even a member of the youth movement).AjimboB said:Beyond a reasonable doubt is only in America, in Australia the law is different, I'm pretty sure they only need a certain majority percent of the jury to agree in order to convict (although I could be wrong about that, and thinking of Austria, the international law class I took was a rather long time ago).Davrel said:OK - you may find it a little crazy, but what if he was actually telling the truth and he didn't rape her? There are plenty of fucked-up women out there too (not as many as men admittedly, but still).
The law works on the basis of proving something "beyond reasonable doubt", if the prosecution can't do that, then tough.
He was found innocent by a jury of his peers and his life wasn't ruined by a (possibly) wrongful rape conviction. As far as I'm concerned, he's innocent.
Anyway...I agree with you though, being an American.
You don't have a girlfriend, and your hand does not wear skinny jeans.Mcface said:A man in Australia was recently acquitted of the rape charges he was faced with, because the defense said it would be impossible, or very unlikely he would be able to get the woman's skinny jeans down without her consent.
This is ridiculous. My girlfriend wears skinny jeans all the time, and I have no trouble getting them off. Granted, she isn't trying to fight me.. but regardless, it's easily possible. Skinny jeans are no tighter around the waist than a normal pair of jeans, they are just tighter around the thighs and legs. How the Jury didn't realize you only have to pull them down to a certain point before you have "access" is beyond me.
Fellow Escapists, what do you think? Are the charges being dropped on the account of "she was wearing skinny jeans" bogus? Or do you think it's a solid defense?
( http://www.lemondrop.com/2010/05/05/skinny-jeans-lead-to-acquittal-in-australian-rape-case/?icid=main|aim|dl8|link3|http%3A%2F%2Fwww.lemondrop.com%2F2010%2F05%2F05%2Fskinny-jeans-lead-to-acquittal-in-australian-rape-case%2F )
Yeah, stuff like that definitely happens. I know a girl who claimed rape 5 times in 2 years. The first guy got convicted, then it happened again and the guy was acquitted after a long deliberation. After that, the rest of the guys got off because it was clear she was lying. In fact, the first guy that was convicted got a retrial because that, and he was found innocent.konkwastaken said:This...I have a friend currently going through the same process (not down to skinny jeans but whatever), his final court date is coming up and theres a chance he could be going to prison for something i know he didn't commit, thats not to say it didn't happen but i know my friend in question is innocent.Davrel said:OK - you may find it a little crazy, but what if he was actually telling the truth and he didn't rape her? There are plenty of fucked-up women out there too (not as many as men admittedly, but still).
The law works on the basis of proving something "beyond reasonable doubt", if the prosecution can't do that, then tough.
He was found innocent by a jury of his peers and his life wasn't ruined by a (possibly) wrongful rape conviction. As far as I'm concerned, he's innocent.
What did she get charged with because of it? Perjury, right?Low Key said:Yeah, stuff like that definitely happens. I know a girl who claimed rape 5 times in 2 years. The first guy got convicted, then it happened again and the guy was acquitted after a long deliberation. After that, the rest of the guys got off because it was clear she was lying. In fact, the first guy that was convicted got a retrial because that, and he was found innocent.konkwastaken said:This...I have a friend currently going through the same process (not down to skinny jeans but whatever), his final court date is coming up and theres a chance he could be going to prison for something i know he didn't commit, thats not to say it didn't happen but i know my friend in question is innocent.Davrel said:OK - you may find it a little crazy, but what if he was actually telling the truth and he didn't rape her? There are plenty of fucked-up women out there too (not as many as men admittedly, but still).
The law works on the basis of proving something "beyond reasonable doubt", if the prosecution can't do that, then tough.
He was found innocent by a jury of his peers and his life wasn't ruined by a (possibly) wrongful rape conviction. As far as I'm concerned, he's innocent.
The lengths some girls go to just for revenge and/or attention is baffling.
They do exist, however you're missing the point here; the Jury didn't believe that she was sexually assualted or raped. Again, the source provided isn't unbiased and only links to other blogs, so there's a chance that it's deliberately focusing on the jeans example (although there was a case where a judge ruled in favour of the defendent because he didn't think he could get her jeans off - this was many years ago). If there were other factors at work, like the victim making inconsistant statements, then the Jury might be less inclined to believe her.ace_of_something said:Than couldn't they get him for 3rd degree sexual assault? Attempted Rape? do these charges not exist down under? Holy crap. This is stupid.
Nice to see how a blog giving a very bare-bones summary of one aspect of a trial is enough to get you to judge an entire country. Do you really want us Aussies to go through your countries dirty laundry and bring up all the retarded court decisions you guys have made?Krion_Vark said:Really Australia. This is why you guys die of a nuclear winter in End of Ze World.
Mens Rhea, Actus reus. Intent and Accomplishment.I III II X4 said:What!? Intent! It was INTENT to rape, wasn't it?!
Because he failed means he wasn't trying to rape her? Am I reading this right? ....g'damn!
Unless she took the stand she can't be charged with Perjury since she didn't lie under oath. However there are charges for making a false police report, so must likely she'd get one of those.Eponet said:What did she get charged with because of it? Perjury, right?
Indeed. I would rather see several rapists walk free than see an innocent man imprisoned because a woman 'said' he had raped her with no other evidence to back it up.JaredXE said:That blog the OP linked too was obviously biased, but then I ran across something the blogger said:
I will pull it back together to say this: Until (frighteningly) recently, rape cases hinged on whether or not the victim had physically fought back against his or her assailant. In the event that evidence of physical resistance was absent, it was usually ruled that the sexual act was consensual. In the last decade or so, prosecutors have finally been able to prove lack of consent by presenting the victim's verbal objections.
No. Oh hell no. You do NOT ignore a lack of physical trauma in favor of something completely unprovable unless a videotape is involved. This leads to day-after regret becoming cries of rape. Didn't we go though this shit with the Duke Lacross team? Three guys got their lives fucked over because some dumb ***** wanted money from them. There was no physical evidence, just her (fraudulent) word against theirs.
And back to the case at hand, I think there was not enough evidence to convict the guy, and jeans were the least part of his defense. Though I have to say, getting them off of a girl when she's participating is a real *****, so I could see that a rapist would have a hell of a
time if the victim was resisting.