Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

'She didn't affirmatively say no': Silence means consent according to defense...(Steubenville rape)
mailonline ^ | STAFF

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
Navigation: use the links below to view more comments.
first previous 1-5051-100101-150151-176 last
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.)
[ Post Reply | Private Reply | To 121 | View Replies]

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.)
[ Post Reply | Private Reply | To 123 | View Replies]

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.)
[ Post Reply | Private Reply | To 127 | View Replies]

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.)
[ Post Reply | Private Reply | To 128 | View Replies]

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.)
[ Post Reply | Private Reply | To 137 | View Replies]

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.)
[ Post Reply | Private Reply | To 152 | View Replies]

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.)
[ Post Reply | Private Reply | To 156 | View Replies]

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
[ Post Reply | Private Reply | To 155 | View Replies]

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.)
[ Post Reply | Private Reply | To 157 | View Replies]

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.)
[ Post Reply | Private Reply | To 158 | View Replies]

To: WXRGina
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.”

I think rather than pontificating on "over think" you should address the plank in your own eye and correct your "under-read."

Find a handful of posters on this thread who've said "if it was rape."

161 posted on 03/13/2013 8:56:28 PM PDT by papertyger (It's only "hate" if you're conservative.)
[ Post Reply | Private Reply | To 159 | View Replies]

To: Politicalmom

That’s right. I forgot about that.


162 posted on 03/13/2013 8:58:19 PM PDT by Scotswife
[ Post Reply | Private Reply | To 141 | View Replies]

To: papertyger

I’m not sending anyone anywhere. Have you heard? There is a trial going on. As far as what evidence is allowed - or not - is something we will soon see.


163 posted on 03/13/2013 9:03:55 PM PDT by Scotswife
[ Post Reply | Private Reply | To 148 | View Replies]

To: papertyger
Naaah.

It's pretty obvious you're too stupid (or crazy) to give rational answers.

164 posted on 03/13/2013 9:17:58 PM PDT by Lakeshark (!)
[ Post Reply | Private Reply | To 151 | View Replies]

To: Hoodat

I remember that. I was disgusted with some so called FReepers.


165 posted on 03/14/2013 1:32:59 AM PDT by Eagles6 (Valley Forge Redux)
[ Post Reply | Private Reply | To 11 | View Replies]

To: papertyger

[...even a momentary smile could be construed as “consent” in some circumstances.]

That’s a disturbing statement.

I think, you’ve taken a step too far in the defending these barbarians.

Anyone who would use that statement as a defense should have his own ‘circumstances’ in life examined.


166 posted on 03/14/2013 4:37:16 AM PDT by RetSignman ("...a Republic if you can keep it")
[ Post Reply | Private Reply | To 153 | View Replies]

To: papertyger

??? ‘two minutes hate’ ???


167 posted on 03/14/2013 7:06:54 AM PDT by stuartcr ("I have habits that are older than the people telling me they're bad for me.")
[ Post Reply | Private Reply | To 149 | View Replies]

To: papertyger

and when you are old and sick and dying and my offspring are caring for you I will laugh


168 posted on 03/14/2013 2:16:33 PM PDT by Nifster
[ Post Reply | Private Reply | To 160 | View Replies]

To: RetSignman
Anyone who would use that statement as a defense should have his own ‘circumstances’ in life examined.

Take a hint from Moira Lasch, the humiliated prosecutor of the William Kennedy Smith rape trial: don't assume your own sex life is a standard.

You'll save yourself much embarrassment.

169 posted on 03/14/2013 11:26:51 PM PDT by papertyger (It's only "hate" if you're conservative.)
[ Post Reply | Private Reply | To 166 | View Replies]

To: stuartcr
??? ‘two minutes hate’ ???

Orwell's "1984."

170 posted on 03/14/2013 11:27:42 PM PDT by papertyger (It's only "hate" if you're conservative.)
[ Post Reply | Private Reply | To 167 | View Replies]

To: Nifster
and when you are old and sick and dying and my offspring are caring for you I will laugh

I've got to hand it to you; you've demonstrated an even greater level of impotent vindictiveness than even my own jest suggested.

171 posted on 03/14/2013 11:31:55 PM PDT by papertyger (It's only "hate" if you're conservative.)
[ Post Reply | Private Reply | To 168 | View Replies]

To: Morgana

Lol

Wow what a contentious thread....i did not know about this case till today and am uninformed

When i grew up in the early 70s i saw girls intoxicated or on quaaludes or even fairly sober indulge in gang bangs or group sex....it was hardly rape...they actually carried on like it was profoundly pleasurable to them....i was not into that being so close to other bare johnsons

I have known girls/women in my life who liked all sorts of exploitative stuff like trains and group or S and M or rough play and so forth

Some pretty startling and frankly unexpected

Before the knitters here go ape i am describing observations...i have enjoyed many gals but always treated even the full blown freaks with affection respect and whatever effort required to please to whatever their satisfaction level was

I’m no prude..pillow biters are boring but abusing women even if requested was not my thing

Now i have also known women assaulted by someone familiar...a bad thing

And women brutalized with fear of being killed by a home invader.... heinous vicious crap....that is very very bad

I do think today we call rape a bit too readily.....fembots seem to like it both ways

In this case....i simply don’t know the facts

Being high and having sex you are ashamed of the next morning and being forcibly held down and penetrated or worse are very different things

And there are degrees of that....which is why we have aggravated charges

I will say this sort of thing frequently involves jocks and alcohol

My boys know i will light them up i catch them doing this crap...invited or not

Caligula Barge behavior is bad form....


172 posted on 03/15/2013 12:09:31 AM PDT by wardaddy (wanna know how my kin felt during Reconstruction in Mississippi, you fixin to find out firsthand)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Scotswife

They peed on her....geez

I would think banging a comatose drunk woman..obviously...no consent i assume is rape or battery or assault

I knew some jocks who crapped on a drunk guys face....the refrain for weeks around school was “pinch off another big one jimbo”

The guy did nothing about it....

Teen yearz
..
The college where things can get really stupid....but i think more consent actually like especially the group stuff


173 posted on 03/15/2013 12:18:35 AM PDT by wardaddy (wanna know how my kin felt during Reconstruction in Mississippi, you fixin to find out firsthand)
[ Post Reply | Private Reply | To 46 | View Replies]

To: Scotswife

If what u describe is accurate then the prosecution likely has some sort of case

As i said i did not even know about this till now

I do not think gang bangs even if intoxicated are by default rapes nor do i agree with all underage constructs today....some of which are quite new and rather absurd like charging an. 18 year old boy with 17 year old girl

But what you are describing does sound criminal just casually absorbing that synopsis


174 posted on 03/15/2013 12:33:07 AM PDT by wardaddy (wanna know how my kin felt during Reconstruction in Mississippi, you fixin to find out firsthand)
[ Post Reply | Private Reply | To 115 | View Replies]

To: wardaddy

Most of what we know comes from hackers so it will be interesting to see what is admissable in court.

The victim can’t offer much - it appears most of the evidence is self inflicted by the perps and other party-goers. Tweets/FB/cell phone pics/texts.


175 posted on 03/15/2013 5:36:26 AM PDT by Scotswife
[ Post Reply | Private Reply | To 174 | View Replies]

To: papertyger

What does that have to do with what I said?


176 posted on 03/15/2013 6:02:27 AM PDT by stuartcr ("I have habits that are older than the people telling me they're bad for me.")
[ Post Reply | Private Reply | To 170 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-5051-100101-150151-176 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson