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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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To: Neville72
I wonder if he answered the spam mail that promises to add inches and girth
21 posted on 12/03/2005 8:43:20 AM PST by Popman (In politics, ideas are more important than individuals.)
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To: Neville72
Are they trying to say that size does matter?
22 posted on 12/03/2005 8:43:43 AM PST by Smarti Pants (~This American Patriot will never forget !!!~)
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To: Mr Ramsbotham

I hope somebody comes along and inserts some sense into this thread.


23 posted on 12/03/2005 8:44:49 AM PST by Past Your Eyes (Some people are too stupid to be ashamed.)
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Comment #24 Removed by Moderator

To: Smarti Pants

Not for sentencing.


25 posted on 12/03/2005 8:46:02 AM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: Izzy Dunne

He'll get a stiff sentence, that's for sure.


26 posted on 12/03/2005 8:47:07 AM PST by speedy
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To: Neville72
Next stop:


27 posted on 12/03/2005 8:48:06 AM PST by woofie (Hating GW Bush Never Fed a Hungry Child)
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To: Buck W.
"I thought you was hung?

I am!

28 posted on 12/03/2005 8:49:11 AM PST by robertpaulsen
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To: Neville72

Wonder if his attorney said "If the condom doesn't fit, you must acquit"?


29 posted on 12/03/2005 8:49:36 AM PST by LS
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To: dsc

Now, now, let's not get into condom-nation here. This is a PG-rated site (snicker!)


30 posted on 12/03/2005 8:49:42 AM PST by Smarti Pants (~This American Patriot will never forget !!!~)
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To: robertpaulsen

"S'cuse me while I whip this out."


31 posted on 12/03/2005 8:50:46 AM PST by LS
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To: Neville72
In the end, the judge accepted that the accused is "unusually large"

I wonder if he carries around the court transcript to impress the ladies?

32 posted on 12/03/2005 8:50:54 AM PST by operation clinton cleanup
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To: peyton randolph

Since it was the media that made a joke of this, could this actually be a case of "Post Climatic Press Disorder?"


33 posted on 12/03/2005 8:53:17 AM PST by InkStone
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To: dsc
My thinking also.I'm not sure how one specially prepares for those proportions,but, unless she is anatomically unusual also,there would have been some discomfort to speak of if not scream about.

And not the good screams.

Then again,perhaps she became less enthused with the proposition once she commenced the special preps? He didn't want to stop though.

34 posted on 12/03/2005 8:54:01 AM PST by mother22wife21
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To: Popman
Don't forget THIS little gem:

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.

35 posted on 12/03/2005 8:56:15 AM PST by Experiment 6-2-6 (Admn Mods: tiny, malicious things that glare and gibber from dark corners.They have pins and dolls..)
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To: dsc
"Justice Margaret Eberhard said she was disturbed after receiving calls "from afar" and was ribbed"

I thought the ribbing was for her pleasure.

36 posted on 12/03/2005 8:56:57 AM PST by ItsForTheChildren (Take back the press!)
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To: Neville72

It is my firmly-held belief that the entire culture of radical Islam is based on small penis size. I'm not kidding.


37 posted on 12/03/2005 8:58:37 AM PST by Crawdad (So the guy says to the doctor, "It hurts when I do this.")
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To: InkStone
could this actually be a case of "Post Climatic Press Disorder?"

Yes...but it only applies to male members of the group...that is, to all Dicks, but not the Janes.

38 posted on 12/03/2005 9:02:24 AM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: MonroeDNA

I thought the mans name was,I'va Biggin


39 posted on 12/03/2005 9:02:42 AM PST by Boazo (From the mind of BOAZO)
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To: Crawdad
It is my firmly-held belief that the entire culture of radical Islam is based on small penis size.

Post-9/11, there was an unsubstantiated rumor that Osama's hatred was based on an American woman belittling his penis size. South Park, of course, had fun with that one.

40 posted on 12/03/2005 9:04:06 AM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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