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Penis size defence fails to work:Man guilty of sexual assault(Oh, those crazy Canucks)
Toronto Sun ^ | 12/3/2005 | Tacy McLaughlin

Posted on 12/03/2005 8:33:53 AM PST by Neville72

Sat, December 3, 2005

BARRIE -- A sex assault trial that hung on claims of a large penis was turned into a "cheap joke" by media coverage, a superior court judge said yesterday as she found the accused guilty.

Justice Margaret Eberhard said she was disturbed after receiving calls "from afar" and was ribbed numerous times over the trial in which a man claimed he could not be guilty of rape because his penis is too big.

"Whether I find him guilty or innocent -- he is publicly humiliated," she told court just before finding the man guilty.

"Nowhere was it reported that this trial represents a tragedy between real human beings," she said.

"All that was sacrificed for a cheap joke -- you all deserve better than that."

A 22-year-old student, who can't be identified, claimed his penis is too big to insert into an average vagina without special preparation or it causes bleeding and scarring.

A urologist brought to court a plastic model that depicted the size of the member at a semi-relaxed state, which measured 8 1/2 inches long and 6 1/2 inches in girth.

Court heard the male and female were close friends and often slept in the same bed, but one night the man forced her to have sex after partying together at a Barrie pub.

In the end, the judge accepted that the accused is "unusually large" but she noted the female was never questioned on the witness stand about it, nor did she report any physical pain, discomfort or injury.

The judge said she did not believe the accused, suggesting he made up his testimony as he went along, while the female was consistent.

"This time, he crossed the line. And thus, a friendship was betrayed," Eberhard said.

The judge asked for a statement from the victim advising how the justice system can make it easier to come forward after a sexual assault by someone they trusted. The man will be sentenced later this month.


TOPICS: Society
KEYWORDS: ahorseofcourse; amancalledhorse; anaboveaveragevagina; anaveragevagina; bigweiner; canada; cheapjokegoldmine; easiertocomeforward; eberhard; fullextentofthelaw; hung; ifitdoesntfit; longandgirthy; membersofthejury; movedtochat; oftensleptinsamebed; penilecode; ribbednumeroustimes; semirelaxedstate; sizematters; stiffsentence; toobig; uberchode; unusuallylarge
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1 posted on 12/03/2005 8:33:54 AM PST by Neville72
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To: Neville72

I will be sentenced next week.


2 posted on 12/03/2005 8:36:46 AM PST by MonroeDNA (Look for the union label--on the bat crashing through your windshield!)
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Comment #3 Removed by Moderator

To: Neville72

Must have been a hung jury.


4 posted on 12/03/2005 8:38:33 AM PST by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Neville72

Thats not a Penis,Thats a Philly Sub !!!!!! Just Damn!


5 posted on 12/03/2005 8:38:39 AM PST by cmsgop ( Bill Clinton's License Plate..... "Herpes 1")
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To: SignalPuke

He was hung but she was ribbed.


6 posted on 12/03/2005 8:39:24 AM PST by Past Your Eyes (Some people are too stupid to be ashamed.)
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To: Neville72
A urologist brought to court a plastic model that depicted the size of the member at a semi-relaxed state

I guess this would be a post-climatic moment in the courtroom.

7 posted on 12/03/2005 8:39:32 AM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: SignalPuke

"I guess the key word here is "hung"."

They said you was hung...and they was RIGHT!


8 posted on 12/03/2005 8:39:44 AM PST by Buck W. (Yesterday's Intelligentsia are today's Irrelevantsia.)
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To: Neville72

"Justice Margaret Eberhard said she was disturbed after receiving calls "from afar" and was ribbed"

There's a joke there that I wouldn't touch with a ten-foot pole.


9 posted on 12/03/2005 8:39:49 AM PST by dsc
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To: MonroeDNA

His name was Bill Clinton.

It's the verbage..."is" and all that.


10 posted on 12/03/2005 8:40:30 AM PST by bannie (The government which robs Peter to pay Paul can always depend upon the support of Paul.)
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To: Neville72

How could the woman not be called to testify since she's the one bringing the charges?


11 posted on 12/03/2005 8:40:44 AM PST by mtbopfuyn (Legality does not dictate morality... Lavin)
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To: Neville72

in society today, if you have a penis, “they” have already presumed you guilty. case closed.


12 posted on 12/03/2005 8:40:56 AM PST by herst1240 (the end of men)
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To: Neville72
"Whether I find him guilty or innocent -- he is publicly humiliated," she told court just before finding the man guilty.

Humiliated?

I better not say more, but I don't think so!

13 posted on 12/03/2005 8:41:13 AM PST by Publius6961 (The IQ of California voters is about 420........... .............cumulatively)
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To: Neville72
Court heard the male and female were close friends and often slept in the same bed,

Let's see: a 22 year old well endowed male often sleeps with a female friend in the same bed.

Then he get accused of rape.

He's either real stupid or all the blood in his brain rushed to his ........................... brain he was thinking with

14 posted on 12/03/2005 8:41:15 AM PST by Popman (In politics, ideas are more important than individuals.)
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To: Neville72

It can't bw worth much if you can't use it.


15 posted on 12/03/2005 8:41:20 AM PST by bannie (The government which robs Peter to pay Paul can always depend upon the support of Paul.)
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To: bannie

Didn't say anything about being bent to the left.


16 posted on 12/03/2005 8:41:24 AM PST by Past Your Eyes (Some people are too stupid to be ashamed.)
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To: Neville72

I can well understand this mans defense. I personally have a rather huge organ and have had problems with it even after I had my penis reduction surgery. This guys 8.5 x 6.5 is nothing compared to what I have to deal with.

I can be contacted at www.betchacanttakeitall.com


17 posted on 12/03/2005 8:41:27 AM PST by Eagles Talon IV
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To: Past Your Eyes

Did they use the word, "is" anywhere in the description? It oculd be anything!


18 posted on 12/03/2005 8:42:28 AM PST by bannie (The government which robs Peter to pay Paul can always depend upon the support of Paul.)
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To: Neville72

Chalk up one for the Penile Code.


19 posted on 12/03/2005 8:42:36 AM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Neville72

"she noted the female was never questioned on the witness stand about it, nor did she report any physical pain, discomfort or injury."

I'm not getting that. The female didn't report what she would have reported if she had been forcibly raped by a telephone pole that size, so that proves she was raped?

Huh?


20 posted on 12/03/2005 8:43:12 AM PST by dsc
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