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You cannot change the opinions of lawyers and Government in relation to having drunken regretted sex.
The law as it stands is this:
If a woman goes out and gets so drunk she can barely stand up and somebdoy takes advantage of her then that is rape.
If a woman goes out and gets so drunk she cannot remember what happened then consent is the issue.
She may well have given consent at first but she is entitled to change her mind. That is where most problems occur.
It is for the jury to decide who is the most credible witness: who they believe.
1: Do they believe that she consented all the way through and is now lying?
2: Do they believe that she never once gave consent and was raped?
3: Do they believe that she initially gave consent and withdrew that consent but the guy didn't know?
4: Do they believe that she initially gave consent and withdrew that consent but the guy carried on regardless?
5: Do they believe that she was so drunk she cannot remember whether she gave consent or not? It is then left to whether they believe the man believed she gave consent when she has no memory either way
We cannot change that logic as it would be unfair to both parties.
Better that if a drunk woman comes on to you, you behave like a gentleman and tell her along the lines of "no thanks as while we are both intoxicated then neither of us will really enjoy it".
You cannot change the opinions of lawyers and Government in relation to having drunken regretted sex.
The law as it stands is this:
If a woman goes out and gets so drunk she can barely stand up and somebdoy takes advantage of her then that is rape.
If a woman goes out and gets so drunk she cannot remember what happened then consent is the issue.
She may well have given consent at first but she is entitled to change her mind. That is where most problems occur.
It is for the jury to decide who is the most credible witness: who they believe.
1: Do they believe that she consented all the way through and is now lying?
2: Do they believe that she never once gave consent and was raped?
3: Do they believe that she initially gave consent and withdrew that consent but the guy didn't know?
4: Do they believe that she initially gave consent and withdrew that consent but the guy carried on regardless?
5: Do they believe that she was so drunk she cannot remember whether she gave consent or not? It is then left to whether they believe the man believed she gave consent when she has no memory either way
We cannot change that logic as it would be unfair to both parties.
Better that if a drunk woman comes on to you, you behave like a gentleman and tell her along the lines of "no thanks as while we are both intoxicated then neither of us will really enjoy it".
Hello. thank you so much Rf.
I´m totally agree with your last phrase but sometimes young people think are having fun with a girl in a night out and didn't imagine she will say was raped, when she gave consent clearly.
By other hand, im also agree with your reflections but what happens if a girl said was saying "STOP" and "NO" and witness near to the room say they only heard normally consented sounds of a relationship? Jury will be confused.
Finally, in my case there are CCTV that shows alleged victim and alleged accused in totally close dancing and having very good time together. And now police, after to see it´s positive for defendant says the don't know where DVD is... And do not gave to solicitor. What should i do?
Why have also asked for medical part when i tried to kill myself in jail, this and the ACCT( 24h supervision health care which show my good character) can be helpful in trial?
I cannot go jail for something i did not do. This situation is just destroying my whole life, including friends and family life too. I really feel like life has no more sense for me.
No one knows exactly what will happen in your case.
We would love to reassure you and say it is all going to be fine.
It might, it might not.
The only 2 people who know what happened that night are you and her.
If it comes to a jury then you must give your side in as clear and calm manner as you can.
Tell your side.
Trust that you didn't do what she says you did.
If you are suicidal then GET HELP.
You can't defend your side if you're not here!
Be strong.
YoH
By other hand, im also agree with your reflections but what happens if a girl said was saying "STOP" and "NO" and witness near to the room say they only heard normally consented sounds of a relationship? Jury will be confused.
This is evidence that the jury will hear and it is up to them who they believe.
Finally, in my case there are CCTV that shows alleged victim and alleged accused in totally close dancing and having very good time together. And now police, after to see it´s positive for defendant says the don't know where DVD is... And do not gave to solicitor. What should i do?
This has been said before, but I will say it again:
The woman may well have been dancing close to you and having a good time, that does not mean that she gave consent afterwards.
Why have also asked for medical part when i tried to kill myself in jail, this and the ACCT( 24h supervision health care which show my good character) can be helpful in trial?
Evidence that you have been very depressed and suicidal does not have anything to do with whether the offence was committed, or not. The jury won't use this "evidence" to feel sorry for you - it does not go towards guilt or innocence.
You really need to ask your solicitor these questions.
This is evidence that the jury will hear and it is up to them who they believe.
This has been said before, but I will say it again:
The woman may well have been dancing close to you and having a good time, that does not mean that she gave consent afterwards.
Evidence that you have been very depressed and suicidal does not have anything to do with whether the offence was committed, or not. The jury won't use this "evidence" to feel sorry for you - it does not go towards guilt or innocence.
You really need to ask your solicitor these questions.
Thanks all of you for reply.
I´ve been some days just trying to not think to much.
RF i share your opinion here:
This has been said before, but I will say it again:
The woman may well have been dancing close to you and having a good time, that does not mean that she gave consent afterwards.
But by the same way.. A girl who entry in a room with a guy alone and later for some reasons regret does not mean she had been raped.. In this type of cases, i think, it seems very difficult to convict people without any strong and clear evidence. It´s my opinion.
The sol should keep pushing for the CCTV evidence. If they had it once then they must still have it and it would be an abuse of process by the police to have "lost it". if this evidence exonerates you then possibly counsel would make an application for the case to be dismissed before it starts.
If the application fails then it should be made half way through after the prosecution case is heard. Kick up a big stink about it - I would!
The sol should keep pushing for the CCTV evidence. If they had it once then they must still have it and it would be an abuse of process by the police to have "lost it". if this evidence exonerates you then possibly counsel would make an application for the case to be dismissed before it starts.
If the application fails then it should be made half way through after the prosecution case is heard. Kick up a big stink about it - I would!
Thanks for quick reply. my sol told me they should bring it to court cause in hearing to put the trial date my barrister advices judge that cctv must be in trial.
Btw, it´s a nice advise and i ll be very careful with that. Who is the counsel? What that's mean?
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