blue note wrote: » What sort of idiots do people think jurors are?
Fann Linn wrote: » She's a g0b****e who's hopping on the Ciara Kelly bandwagon. All aboard.
blue note wrote: » What sort of idiots do people think jurors are? I've never heard someone in real life say that what a girl is wearing removes her ability to decide whether or not she consents to sex. Yet judging by comments on this case some people seem to think the jurors do think like that. They hear the evidence in context. And make an informed decision.
bubblypop wrote: » I wear matching underwear, always.
limnam wrote: » I'd say if hed had his finger in your childs vagina, you would not consider the sentence extreme in the slightest.
limnam wrote: » Ah c'mon now. I'm sure there's the odd day the aul brdget jones go on and ye can't find the match. Not having that.
Outlaw Pete wrote: » Well, the girl here was 15 and he age of consent in the UK is 16.
bubblypop wrote: » I wear matching underwear, always. Sometimes it may even be described as sexy!! Does that mean I'm up for sex? Really? Because I wear sexy matching underwear to work? It's ridiculous. Any mention of underwear in a trial should only be for forensics, that's it. There is no other reason. At all.
blue note wrote: » I've often heard if you get a girl's clothes off and she's wearing matching underwear it's not you who decided you're having sex. That's a funny thing to say because there's truth to it. Sometimes women intend to have sex later and dress for it, or they think they might or they could and dress in case they do with sexy underwear or the like. In a rape trial when a defence is trying to show that the sex was consensual it would make sense to me and be relevant to present any evidence that would give any weight to the argument the sex was consensual. And a girl wearing sexy underwear could add to the argument that she wanted to have sex. Now it should go without saying that she can wear sexy underwear and not intend to have sex, or intend to and change her mind, etc. But people get utterly hysterical at the mention of underwear and start throwing around phrases like it doesn't mean she was asking to be raped and stating that what she's wearing doesn't take away her ability to decide or doesn't give any man the right to have sex with her, etc. Well no sh1t, I've never heard anyone say any of that and mean it. But I can understand why underwear can be evidence. Now, I can appreciate an argument that it shouldn't be admissible, but if I'm going to respect the argument it would at least have to acknowledge the actual reason it is used as evidence. And acknowledge that not allowing the jury see this evidence could be the difference between them finding a man innocent or guilty.
limnam wrote: » Ah, that makes it ok then.
blue note wrote: » Sorry, maybe i wasn't clear in my opinions when i said "Now it should go without saying that she can wear sexy underwear and not intend to have sex." Although I'm not sure how that's unclear. But for some women, they might pick particular underwear because they intend to, or think they might later want to, have sex. In a similar way to a guy sticking a condom in his wallet or getting flowers for his wife. And if a man's consent was ever in question of course the defence would point to things like him carrying a condom. But there are virtually no cases where men's consent is in question. Rape cases are horrific. But for all people give out about them, I don't hear many suggestions about how to make them less traumatic while still giving the defendant a fair trial.
Outlaw Pete wrote: » Think I've indulged this nonsense enough. Any chance we could stick to the topic.
Hercule Poirot wrote: » She has an extremely valid point - a person alleging rape should not be judged by their choice of underwear, and especially a thong which is fairly common place for girls/ladies these days
bubblypop wrote: » The only reason underwear should be used as evidence in a rape or sexual assault trial is as forensic evidence. That's it. No other reason.
Feisar wrote: » Rightly or wrongly the defending barrister was inferring the type of woman that was the accuser in the trial. I can see the ould fuddy duddies with there old caveman/woman mentality branding the poor woman a hussy for wearing a thong.
bubblypop wrote: » Exactly. No barrister should be allowed to bring this kind of evidence into any kind of trial
SEPT 23 1989 wrote: » Was it covered in gowl grease? RIP The Bantam
blue note wrote: » The point is that if the defence can point to many things that indicate the sex was consensual, on balance the jury may decide it was. One factor would be that the girl intended to have sex. And if she prepared for it, but dressing for it for one, then the jury should hear that and be able to make up their minds.