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

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-79 next last
To: speedy
Oh I'm sure they'll have to say "It doesn't fit, you must acquit!"
41 posted on 12/03/2005 9:06:18 AM PST by Smarti Pants (~This American Patriot will never forget !!!~)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Smarti Pants

Whatever happens, it will be a hard decision.


42 posted on 12/03/2005 9:09:31 AM PST by speedy
[ Post Reply | Private Reply | To 41 | View Replies]

To: mother22wife21

"I'm not sure how one specially prepares for those proportions"

That's not a subject I'd want to get into here, anyway. As a phallocrat oppressor (though one of the minor demons) it has been brought to my attention that a man needs to be considerate. I find it difficult to believe that a woman could be raped under those circumstances without obvious injuries.


43 posted on 12/03/2005 9:13:10 AM PST by dsc
[ Post Reply | Private Reply | To 34 | View Replies]

To: Neville72; mikrofon; martin_fierro
A 22-year-old student, who can't be identified. . . .

Oh, I bet he can.

44 posted on 12/03/2005 9:15:16 AM PST by Charles Henrickson (This comment is too big to insert into an average tagline.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Neville72
Gee, i dunno...an entire baby can get out the opening in question! Is this guy thinking he's bigger around than a baby?!
45 posted on 12/03/2005 9:24:15 AM PST by Americanchild
[ Post Reply | Private Reply | To 1 | View Replies]

To: Neville72
"Whether I find him guilty or innocent -- he is publicly humiliated," she told court just before finding the man guilty.

Riiiiiiiiiight, just try to find a man that is humilated for being known to have a big one...lol

46 posted on 12/03/2005 9:26:16 AM PST by SouthernFreebird
[ Post Reply | Private Reply | To 1 | View Replies]

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

I don't understand this either. What is the actual basis of the charge, how was the charge substantiated, is there more to the charge than a simple 'she said'? If a rape kit could easily exonerate him, why was it not performed? Is this fellow being railroaded by a 'feminazi' court?

47 posted on 12/03/2005 9:28:48 AM PST by the anti-liberal (Hey, Al Qaeda: Violence is the last refuge of the incompetent)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Americanchild
You ever see a woman popping one out? it sure ain't a consentual act. We fight against that every agonizing inch of the way
48 posted on 12/03/2005 9:29:52 AM PST by SouthernFreebird
[ Post Reply | Private Reply | To 45 | View Replies]

To: the anti-liberal

"Is this fellow being railroaded by a 'feminazi' court?"

Far as I'm concerned, it flunks the smell test and a closer look is required.


49 posted on 12/03/2005 9:32:44 AM PST by dsc
[ Post Reply | Private Reply | To 47 | View Replies]

To: peacebaby

{pinngggg}


50 posted on 12/03/2005 9:32:44 AM PST by Snardius (The seventh seal has been broken, the goat entrails point toward gotterdamerung, it's on.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Snardius

"It's twoo!"

51 posted on 12/03/2005 9:35:10 AM PST by Snardius (The seventh seal has been broken, the goat entrails point toward gotterdamerung, it's on.)
[ Post Reply | Private Reply | To 50 | View Replies]

To: Charles Henrickson; martin_fierro

Defendant: "I wonder who the judge is in my case..."

Lawyer: "Eberhard"

Defendant: "Eber so often, but it's uncomfortable."


52 posted on 12/03/2005 9:39:17 AM PST by mikrofon (Sentenced to hard time)
[ Post Reply | Private Reply | To 44 | View Replies]

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.


53 posted on 12/03/2005 9:39:53 AM PST by Snardius (The seventh seal has been broken, the goat entrails point toward gotterdamerung, it's on.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dsc
Came across this while trying to learn about Justice Margaret Eberhard:

Wednesday, November 2

The 95th Percentile

Mischa Beutling, a 6'7", 240 pound 21-year-old is fighting charges of sexual assualt by claiming his penis is simply too big to have been used to commit the crime. A urologist testified as an expert witness and brought with him a plastic model of a penis measuring 8.5" by 6.5". These figures place Beutling in the "top 5% range for size in comparison to the doctor's other patients." Really? Sounds big, but not that big, especially in proportion to his height.

My favorite line from the story: "Justice Margaret Eberhard must weigh the evidence, including the plastic model." I can just picture it now, trying it on for size, exclaiming, "Oh, this is nothing!"

Beaverhausen Blog: The 95th Percentile


54 posted on 12/03/2005 9:41:53 AM PST by the anti-liberal (Hey, Al Qaeda: Violence is the last refuge of the incompetent)
[ Post Reply | Private Reply | To 49 | View Replies]

To: Neville72
he made up his testimony as he went along

... a*long*?

55 posted on 12/03/2005 9:49:09 AM PST by Mr. Brightside
[ Post Reply | Private Reply | To 1 | View Replies]

To: dsc
And from another source:

"He said a woman who has not given birth might have discomfort or tearing if she had intercourse with a penis that size, especially if she was not sexually aroused. But Crown attorney Bhavna Bhangu scoffed at the account, noting that Beutling’s reference to his size as a “two-by-four” is an exaggeration compared to the size of the plastic model.

“It’s hardly a two-by-four,” she said. She also noted that he has never actually measured himself. Bhangu also said the “size theory” was never put to the complainant on the witness stand for her account. Bhangu said the woman was traumatized when Beutling, who is 6-foot-7 and 240 pounds and who she believed was her close friend, forced himself on her. Justice Margaret Eberhard must weigh the evidence, including the plastic model. A verdict is expected next month."

Barking Moonbat Early Warning System

Still not passing the smell test- is Justice Margaret Eberhard a feminazi who is simply ignoring the defendant's case?

56 posted on 12/03/2005 9:49:09 AM PST by the anti-liberal (Hey, Al Qaeda: Violence is the last refuge of the incompetent)
[ Post Reply | Private Reply | To 49 | View Replies]

To: Boazo
I thought the mans name was,I'va Biggin

I've seen the court transcript...his name is Hugh Jardon...

57 posted on 12/03/2005 9:50:22 AM PST by Snardius (The seventh seal has been broken, the goat entrails point toward gotterdamerung, it's on.)
[ Post Reply | Private Reply | To 39 | View Replies]

To: SignalPuke

"If it doesn't fit, you must aquit."

58 posted on 12/03/2005 9:51:50 AM PST by Mr. Brightside
[ Post Reply | Private Reply | To 3 | View Replies]

To: Neville72

This woman slept in the same bed with a guy hung like a horse and never expected that organ to get angry?

She must be a real idiot.

I mean in a situation like this sooner or later something had to give. Either that or she was one ugly broad.


59 posted on 12/03/2005 9:53:05 AM PST by sgtbono2002
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #60 Removed by Moderator


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-79 next 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