Sleeper12 wrote: » Of course girls & want & enjoy sex. I've never heard anyone claim otherwise tbh.If you agree that a thong can be worn 7 day a week all of year round no matter what her mood is then what point is the defence making with the barristers comments?If a thong doesn't = wanting sex then why was she allowed to infer that it does? It's like assuming a defendant is out breaking the law because they have a hoodie on.
One eyed Jack wrote: It’s an attempt to create a perception that girls and women don’t want to have sex, and that’s a myth, they do. I know very few women who don’t want to have sex and don’t enjoy sex and seek out even more sex. Absolutely nothing wrong with it.
Sleeper12 wrote: » You provided a link to the bold boys corner that I was talking about.
Sleeper12 wrote: » Simple question here, do you believe that a girl wearing a thong means that she wants sex or is thinking about sex?
Boggles wrote: Really?
One eyed Jack wrote: And there is no way of knowing that in individual cases, so anyone is entitled to make such claims, and it’s allowed precisely for the reason that to prohibit it could mean that the defendant could argue on appeal that their right to a fair trial was compromised by the Judge not allowing evidence which they could argue would have assisted in their own defence.
Sleeper12 wrote: » George Hook sponsors dropped him & his show got dropped. Now he is in the bold boy corner and I can't see him getting out of it.
LLMMLL wrote: » Section 3 does not cover all evidence, just sexual history of the complainant. That type of legislation could be extended to the victims clothing as evidence.It’s also not completely up to the judge as you claim. The legislation you posted sets out the limits of what a judge can consider when assessing a section 3 application. So it’s not pointless or meaningless legislation. ... There is a clear difference between giving a judge full discretion on a matter and giving him final say in a matter that has legislative restrictions.
How many convictions have been overturned based on section 3 applications being denied?
Roger Hassenforder wrote: Nope. Craig Gilroy said far worse than Jackson, and is stll plying his trade. They were shunted on to appease the mob and uncomfortable sponsors.
Sleeper12 wrote: » If it is true that women wearing thongs does not mean that they are out for sex then stopping the barrier from making such claims can not stop the defendant getting a fair trial. We have special criminal courts taking away someones right to a trial by jury. Thats pretty wild yet no one bat's an eyelid. There's a big difference between that and treating the complaint with respect and dignity
Mrsmum wrote: » I honestly think there will be changes. Women will not put up with this & will protest more and more against these humiliations women suffer in rape trials and you just can't hold back a tidal wave of opposition. I heard Regina O Doherty on radio today also and she was saying her daughter came to her and said fix this mom, this is not right. Young women just will not accept this and unlike before can mobilise through social media nowadays. It's a bit like the water charges & the way P Jackson and S Olding had to leave the country - that was purely people power. Enough of a tsunami behind something and it's gone. Rape laws have and will continue to evolve like everything else in life. No one is saying throw the man under the bus. We all have male relations and friends but the system has to treat the claimant decently also.
Sleeper12 wrote: » Not mob justice at all. They were suspended from playing during the trial long before any social media banter & were not allowed return to the team because of their attitude towards women in their WhatsApp posts. They don't meet the moral standards expected by the team.
One eyed Jack wrote: Yeah, that was people power - mob justice, and to be perfectly honest I have no sympathy whatsoever for the men in that case, none. They absolutely deserved to be dropped by their employers and hounded out of the country, not because of the outcome of any trial, but because of their behaviours and their attitudes that came out during the trial. They took the risk of maintaining they were innocent, put the complainant and everyone else through a lengthy public trial and they absolutely should have to be made to pay heavily for that. Their application to recoup their legal costs (which is something that applies specifically to NI) should be refused too.
One eyed Jack wrote: » The same is true of Section 3 applications already? Ultimately it is still up to the Judge in any specific trial to determine what evidence shall be permitted to be introduced by either the prosecution or the defence. Creating more unnecessary and meaningless legislation is within the remit of the Oireachtas alright, they do plenty of that. It’s still a matter for the Judge to decide in any specific case though. Politicians have no power over that process.
EDIT: Also relevant -Documents seen by The Irish Times show lawyers are advised to tell complainants that successfully fighting a section-three application could lead to any conviction being overturned on appeal. Source: Many rape victims still face court questioning on sexual history
One eyed Jack wrote: According to how you imagine justice should operate, that man would be doing serious time now even though he was innocent of any wrongdoing, or according to how you’ve tried to present it in this case - the investigating officers just didn’t have sufficient evidence to prove he raped her, but they can’t say he didn’t, therefore implying that the man had committed rape, but got away with it. In Irish law, people have the right to their good name, and so accusations outside of a court of law are simply unfounded allegations and an attempt to ruin a persons reputation, and that sort of behaviour can land an accuser in all sorts of legal hot water.
One eyed Jack wrote: The only way any justice system would be seen to function properly from the some peoples perspective is if the person who the complainant accuses of having committed a criminal offence is immediately punished severely as possible.
eagle eye wrote: » What is difference about that from what I said? It means exactly the same thing.
LLMMLL wrote: » Most definitely not the only thing that matters. It also matters whether the jury believe sex took place at all, or of the complainant actually consented. You may be right that a blanket ban on a certain kind of evidence would be unsuccessful. However, that doesn’t lead to what you conclude. For example, a defendant has to make application to use a complainants counselling records and provide a reason for his application. The judge will decide whether to allow this or not. This condition was not introduced by the judiciary or precedent, it was introduced by the oireachtas...... politicians.So it’s very possible for the oireachtas to introduce legislation that would require a legal team to have to apply to be able to use certain kinds of evidence, and provide reasons for doing so.
One eyed Jack wrote: » Charlie’s “clothes don’t rape women, rapists rape women” was as stupid an attempt to ride on the coat tails of publicity that this case has generated, as Ruth Coppingers effort. It was particularly stupid in light of the fact that the defendant in this case was found not guilty of having committed rape. That being said, it doesn’t surprise me that Charlie as the Minister for Justice had to come up with a “profound” sound-bite for the media, as he’s still done nothing in the months that followed his last promises in light of the trial in Belfast where those men were found not guilty of having committed rape -Alleged rape victims to get support in court in wake of Belfast case As for the polls on the Claire Byrne show, and the deluge of women posting pictures of their underwear on social media with the hashtag #ThisIsNotConsent, nobody has ever actually argued that the the complainants underwear was any indication of consent. It was argued as an indication that the complainant was interested in having sex, and whatever 88% of people believed about a completely different question is neither here nor there. The only thing that matters is what the jury believed that the defendant believed about the encounter between himself and the complainant.
You can’t simply make a blanket ban on prohibiting specific evidence which the defendant is of the opinion would aid in their own defence, and that’s why you’ll see politicians using cases like these to give the appearance that they’re making all the right moves and saying all the right things - because they know their job is contingent upon maintaining a high level of public support for their ideas. It has nothing to do with caring about women’s welfare or caring about the complainants in rape trials, because that’s literally beyond the scope of their political powers. They have no power to change criminal trial proceedings. It will always be ultimately up to the Judge in any specific trial whether or not specific evidence should be admitted, not politicians, thankfully, IMO.
eagle eye wrote: » The jury are never told about his previous history unless the defense opens the door to it being discussed during the case. The court will be told about it prior to sentencing by the dpp.
One eyed Jack wrote: Also, your point has come up in the thread already, and I’ve already said that it should, and it did in a recent trial which showed that the defendant had a particular modus operandi -
eagle eye wrote: » If you are going to suggest that the person was looking for it based on the clothes she was wearing then you are basically calling her a slut. Should the defendant's previous criminal history be read to the jury?
One eyed Jack wrote: You can’t simply make a blanket ban on prohibiting specific evidence which the defendant is of the opinion would aid in their own defence
Sleeper12 wrote: » Change has to come. Our justice system is discouraging victims from reporting crimes. The nonsense over the thong is sending out the wrong message to would be offenders & victims alike. Obviously this cant continue
Mrsmum wrote: » Discussed on Claire Byrne tonight. 88% on Amarach poll disagree with clothing being used as sign of consent. Charlie Flanagan on and he seems up for making some changes.
Mrsmum wrote: Discussed on Claire Byrne tonight. 88% on Amarach poll disagree with clothing being used as sign of consent. Charlie Flanagan on and he seems up for making some changes.