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'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
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To: Norm Lenhart
OK

I misunderstood.

41 posted on 03/12/2013 9:33:54 PM PDT by Texas Fossil
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To: papertyger

Have you read about the case?

They are an especially nasty group of boys — and any teenager that was a witness that night is devoid of a conscience.
No one called 911
Everyone had their fancy phones for fun pics - but no one called 911

http://www.theatlanticwire.com/national/2013/01/inside-anonymous-hacking-file-steubenville-rape-crew/60502/


42 posted on 03/12/2013 9:36:14 PM PDT by Scotswife
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To: papertyger

“How so?”

You’re not really this stupid are you? You’re just playing devils advocate or something, right?

Tell us you already know this is a black on white crime


43 posted on 03/12/2013 9:36:55 PM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: papertyger
Her poor judgement does not make her sex partners, criminal.

No, but if she is under age, their poor judgement does.

44 posted on 03/12/2013 9:37:02 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: Theoria
This is no different than being drunk on the floor and two men approach you and kick and punch you.

Was she kicked and punched?

45 posted on 03/12/2013 9:37:18 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: papertyger

google Michael Noidanos (sp?) and watch the video.

Unbelievable.

While he is talking - she is unconscious in the yard. They urinated on her.


46 posted on 03/12/2013 9:38:03 PM PDT by Scotswife
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To: papertyger
Sure it does. Being drunk impairs judgement. Her poor judgement does not make her sex partners, criminal.

So by that logic, I can come by your place tonight and steal your car. That's ok. You weren't awake to positively tell me not to. And hey, it was your poor judgement to leave it outside anyway. So I wouldn't be criminal in your eyes, right? Where'd you say you live?

You see, IMHO, her "sex partners" - let's be realistic, her rapists, are criminals. In what twisted universe is it ok to have sex with someone who is passed out? This is the same insane logic that says if you don't expressly and explicitly forbid it, it must be ok. No, that's what leads to warning labels on hammers that say "don't strike body parts with hammer" and others that say "don't use electrical equipment near water.." etc. etc. Really, insultingly dumb sh*t warnings because someone got the bright idea that if it isn't expressly forbidden it must be ok. So liability lawyers have a field day "you didn't say not to ..." Same thing with the stupid "defense" these guys are apparently putting up.

47 posted on 03/12/2013 9:38:41 PM PDT by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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To: papertyger

Not at all. There is a history of it. That’s why people might think it likely. And apparently this is news to you?


48 posted on 03/12/2013 9:40:04 PM PDT by Norm Lenhart
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To: Scotswife
and any teenager that was a witness that night is devoid of a conscience. No one called 911 Everyone had their fancy phones for fun pics - but no one called 911

So those who were there are less qualified to make a judgement than you who heard about it through a media filter?

49 posted on 03/12/2013 9:40:07 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: papertyger; Morgana

“And you have never had sex without “saying” yes?”

Actually, this is a good point. Not saying “yes” is not the equivalent to saying no. I would guess that with the billions of times people have sex every week, the partners almost NEVER say “yes”. Men or women...

BTW, that doesn’t in any way suggest that I agree with papertiger about this case. I would say though, that if there is ANY doubt as to the willingness of the girl, then the prosecution maybe over charged in this case.


50 posted on 03/12/2013 9:41:02 PM PDT by babygene ( .)
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To: papertyger

Clearly you have not read much about this case - or refuse to for some reason.

good night


51 posted on 03/12/2013 9:41:42 PM PDT by Scotswife
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To: papertyger
How in the world are you blaming a 16 year old girl for being raped multiple times while she is passed out?

Did she deserve this because she didn't know how to handle alcohol?

Did she deserve this because the football players doing this simply had to take advantage of her because being passed out means she's fair game?

Did she deserve this because she's an unworthy human?

Kindly explain this to us all, because I don't understand what in the world you're saying.

52 posted on 03/12/2013 9:43:02 PM PDT by Lakeshark (!)
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To: Responsibility2nd
You’re not really this stupid are you?

Perhaps.

53 posted on 03/12/2013 9:43:15 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: Smokin' Joe
...but if she is under age...

As were they.

54 posted on 03/12/2013 9:45:02 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: EEGator

I KNEW someone else would take the words right out of my mouth..er, keyboard.


55 posted on 03/12/2013 9:46:03 PM PDT by Politicalmom (Liberalism. Ideas so great they have to be mandatory.-FReeper Osage Orange)
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To: papertyger
It's obvious what you are doing. I cannot convince you of anything or to understand your pov.
56 posted on 03/12/2013 9:46:13 PM PDT by Theoria
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To: Scotswife

If you don’t have the spelling, perhaps a link?


57 posted on 03/12/2013 9:46:39 PM PDT by papertyger (It's only "hate" if you're conservative.)
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To: papertyger

Ahh. First logical point you’ve made on this thread all night. A step in the right direction. One that we can all agree on.

Thank you.


58 posted on 03/12/2013 9:47:13 PM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Morgana
The good news (and the bad news) is that this is only the position of the defense, and not a decided case.

I seriously doubt a jury will believe it, and if they do, either something is seriosly wrong with the information we're reading, or the jurors are nuts.

59 posted on 03/12/2013 9:48:02 PM PDT by Lakeshark (!)
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To: papertyger

“Sex partners”? YOU ARE OUT OF YOUR MIND. AND FOUL.


60 posted on 03/12/2013 9:48:11 PM PDT by Politicalmom (Liberalism. Ideas so great they have to be mandatory.-FReeper Osage Orange)
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