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.
The article says those measurements are in a "semi-relaxed" state, whatever that means. Sounds to me like it gets bigger.
"Sounds big, but not that big, especially in proportion to his height."
Seems like the relevant comparison is not to his height, but to the size of where it had to go.
This reminds me of an episode of "Curb Your Enthusiasm" where the nurse was...uhem, very large down there. What we don't know is if he is too big....for her.
"an exaggeration compared to the size of the plastic model."
The article seems to indicate that the plasting model does not show his size when fully...ah, angry.
Why is a court relying on a plastic model alleged to be his "semi-relaxed" size?
" why didn't the defense lawyer in this case question the complainant on this specific point (size, discomfort, vaginal tearing, etc)? Could the defense lawyer be that incompetent?"
Or intimidated.
We have a woman judge, a woman prosecutor...who was his lawyer? Was it a public defender?
Did the lawyer attempt to pursue that line, but get shot down by the judge?
Is there any evidence here other than the testimony of the alleged victim?
Wow, great idea!
Word and Photoshop are my friends!
"What we don't know is if he is too big....for her."
That's true; we don't. I'm not coming down on either side, but there sure are a lot of unanswered questions, and some of them look pretty bad.
Good question. There have undoubtedly been enough research to have made determinations such the range of size and elasticity a woman must have in order to comfortably accommodate x to x size.. um, 'male member'. If such factors are known and do exist, having measured him, and given that size is the basis for the defendant's defense, should not the defense be allowed to have the complainant measured for fit so as to determine if, in fact, she could accommodate him without discomfort physical distress and if not, should the lack of physical distress be taken into account as exonerating?
Or Post Traumatic Stretch Disorder
intimidated.
I really wish there was more information on the specific actors in this drama- what are the judges views, philosophies? The prosecution. The defendant's lawyer- public defender, female- personal philosophy cloud his/her judgment?
It wasn't any bigger round than a beer can, but it sure was long!!!!!!!!!!!!!
The perp is already getting love letters in jail.
That is the strangest costume I have ever seen. Imagine wearing that to a costume party! Looks a dude in that suit, perhaps that was the closest he could get to the real thing!?
don't you ping me, mister! Besides, I'm still doubtful.
BIG (OMG) ping
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