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'She didn't affirmatively say no': Silence means consent according to defense...(Steubenville rape)
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Posted on 03/12/2013 8:26:48 PM PDT by Morgana

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.

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


TOPICS: Chit/Chat
KEYWORDS: ohio; steubenville
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To: Scotswife

Not to mention that the possible instigator, her former boyfriend and son of the local prosecutor(?)called the girl’s father to gloat about what happened to her.


141 posted on 03/13/2013 12:32:53 PM PDT by Politicalmom (Liberalism. Ideas so great they have to be mandatory.-FReeper Osage Orange)
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To: Scotswife

No, there was only one black kid. The other one on trial is white.


142 posted on 03/13/2013 12:34:23 PM PDT by Politicalmom (Liberalism. Ideas so great they have to be mandatory.-FReeper Osage Orange)
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To: RetSignman

Excellent summation.


143 posted on 03/13/2013 12:37:26 PM PDT by Tijeras_Slim
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To: Politicalmom

I see the problem. You left out an ‘e’. You must have meant
http://www.prinniefied.com


144 posted on 03/13/2013 12:51:25 PM PDT by BinaryBoy (Socialism is slavery)
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To: BinaryBoy

Oops. *Blush*

SORRY!!


145 posted on 03/13/2013 1:04:02 PM PDT by Politicalmom (Liberalism. Ideas so great they have to be mandatory.-FReeper Osage Orange)
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To: Darren McCarty
That is why those two need to start lifting weights. They'll have a new address soon.

In Texas, we outlawed having weight lifting in prisons, to keep prisoners from leaving prison stronger than when they came in. We figured it's not fair to ordinary citizens for freshly released prisoners to be in better condition than the criminal class that would prey on them.

146 posted on 03/13/2013 6:00:04 PM PDT by Paleo Conservative (Just because you're paranoid doesn't mean they're not really out to get you.)
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To: Darren McCarty; Admin Moderator
In Texas, we outlawed having weight lifting in prisons, to keep prisoners from leaving prison stronger than when they came in. We figured it's not fair to ordinary citizens for freshly released prisoners to be in better condition than the criminal class that would prey on them.

I meant to say that in Texas we don't want the criminal class to be in better shape than ordinary law abiding citizens.

I sure wish it were possible to edit comments on Free Republic for 30 minutes to an hour after they are posted.

147 posted on 03/13/2013 6:04:55 PM PDT by Paleo Conservative (Just because you're paranoid doesn't mean they're not really out to get you.)
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To: Scotswife
After leaving her unconscious in one person’s yard - urinating on her - and continuing to party at one location (which is when that video was made) They loaded her up again (for the 2nd or 3rd time) and dumped her in her parents yard.

You are willing to send boys to prison based on hearsay evidence just because its video taped?

Clearly they were mocking her without mercy, but apart from your desire to destroy them and protect her, I see no reason to take their hyperbole about raping her any more seriously than their hyperbole about her being "dead" when she manifestly was not.

To my knowledge, we have no first hand evidence of what transpired "in coitous," and apart from such evidence I don't see how a charge of rape can be sustained.

148 posted on 03/13/2013 6:23:47 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: stuartcr
Apparently she was ‘punched’ quite a lot...too bad you don’t seem capable of understanding that.

Oh I'm quite capable of understanding: I just don't agree. But don't let that stand in the way of your "two minutes hate."

149 posted on 03/13/2013 6:31:39 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: TalonDJ
If the guys had all been passed out drunk and some gay dudes came and bum raped them I doubt you would be defending them.

You would be wrong if the guy intentionally went bar hopping, and perhaps wven flirting, with them knowing full well said gay dudes were looking to get "lucky."

Action causes responsibility. Inaction does not.

Tell that to your creditors when you haven't paid them. Perhaps "due diligence" is a foreign concept to you?

150 posted on 03/13/2013 6:47:44 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: Lakeshark
That might just be your dumbest response in a series of really stupid posts. You ignored them because you couldn't answer them.

Not giving the answer you want is not a lack of ability to answer.

151 posted on 03/13/2013 6:54:08 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: WXRGina
This is about a young girl who was passed-out drunk who was brutalized by a group of human animals. Of course her young, dumb mind made a very bad choice to drink like she did in the company of losers, but that does not make it legal for a group of punks to gang rape her.

Assuming the thing you're trying to prove is "circular reasoning" by definition.

152 posted on 03/13/2013 6:59:53 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: RetSignman

You are assuming she was totally unresponsive for the entire ordeal.

Has that been established?

Bear in mind, even a momentary smile could be construed as “consent” in some circumstances.


153 posted on 03/13/2013 7:04:49 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: JimRed
If I have too much to drink, leave my car at the pub and walk home and get mugged on the way, was I a non-victim too?

You are if you took great pains to associate with the muggers, practiced deception to facilitate the association, and perhaps even provoked said muggers through word or deed.

154 posted on 03/13/2013 7:09:46 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: Nifster
I hope you have no children

Then who will your children work for?

155 posted on 03/13/2013 7:11:33 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: papertyger

I’m not trying to “prove” anything. You can over-think these things, you know...


156 posted on 03/13/2013 7:17:51 PM PDT by WXRGina (The Founding Fathers would be shooting by now.)
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To: WXRGina
I’m not trying to “prove” anything. You can over-think these things, you know...

No, you can't, but thanks for acknowledging your approach to the question.

157 posted on 03/13/2013 7:22:36 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: papertyger

My children are very successful in their own right and wouldn’t work for the likes of yours. I know you think you are clever but boorish is not the same as clever


158 posted on 03/13/2013 8:31:55 PM PDT by Nifster
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To: papertyger

Actually, yes you can. You can be stupidly wedded to a position that you did not arrive at by means of being on the scene and witnessing first-hand what the hell happened, or you can be like others, who say if it was rape, the boys should be punished; if it was not rape, the boys should be found “not guilty.”

Yes, you really CAN over-think these things.

Goodnight.


159 posted on 03/13/2013 8:36:56 PM PDT by WXRGina (The Founding Fathers would be shooting by now.)
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To: Nifster
I know you think you are clever but boorish is not the same as clever

Because your adolescent antipathy is a so much more nuanced approach.....

What do you plan to spring on me next? "I know you are, but what am I?"

160 posted on 03/13/2013 8:49:40 PM PDT by papertyger (It's only "hate" if you're conservative.)
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