Drunken man and woman commit lewd public acts. No violence, no coercion. The guy gets six years for sexual assault and she gets off scot free. Something badly wrong here.
Well you accused me of slander I don't believe me incorrectly labelling of the conviction for this sexual offender would amount to slander or any damage to his reputation.
Why the outrage sure didn't I just agree with you by saying of course you think there is more to it.
In my opinion this current affairs forum is inhabited by a lot of scumbag racists, no doubt about it and it's well known for it. I don't want to be on their side in any debate. There are just some things that make me feel uneasy about the case.
So you agree you were incorrect. Why the big song and dance?
The judge said "A small amount of alcohol was consumed and for whatever reason it had a significant effect on the young woman." The judge believed and reiterated an assertion that was impossible to verify. This allows the suspicion of spiking to creep in. This leads me to conclude that the judge was biased in favour of the woman and the 'good girl taken advantage of' view of events.
whether she was spiked or drank more than she thought is irrelevant. she was in no state to give informed consent.
No outrage.
I just don't believe you when you say you were agreeing with me.
I'd wager you misread what I said and assumed that I was downplaying the incident and in someway attributing innocence to the man.
I'm basing that on your post saying "of course you think there is more to it!" because if you were agreeing with me, you wouldn't have phrased it like that.
But sure, didn't you just falsely attribute "outrage" to me for my response.
I'm assuming that was a typo?
That's a good point.
I'm guessing he had free legal aid and got a run of the mill solicitor who was just next on the list to get a case.
Good legal representation costs a lot of money.
Compare this to the case of the rugby players in NI if you can.
The circumstances are somewhat similar, drink, sex, questions of consent etc.
But they had top legal representation, and even had the captain of the Irish rugby team (who was also local to the area) appeared in the public gallery during the trial.
It's irrelevant.
There are 2 questions to be answered in a case like this. Firstly, did the person making the complaint grant informed consent. If they did, there's no case to answer.
Secondly, even if informed consent was not granted, could the defendant reasonably believe it had been granted.
How she came to be as drunk/impaired as she was is irrelevant to those questions.
it was. corrected.
Phew!
No worries. Just didn't want you misrepresented.
even had the captain of the Irish rugby team (who was also local to the area) appeared in the public gallery during the trial.
rory best as requested by the defence legal team to appear in court on that day.
It seems to me she knew what she was doing based on what I read. Was she completely unaware of her surroundings which Bubblypop gave as an indicator of someone not being able to give consent? I don't know to be sure. Her giving oral sex makes her the proactive one and him the passive one, initially anyway. You need to have some awareness of your surroundings to carry out a sexual act like that.
Fuckin hell the dunne that's a whole lot you have thought as a result of me posting a line agreeing with you.
You ok hun?
Fine thanks.
Just clearing up your false implications. again.
What if he just stuck his Mickey in her half opened mouth?
Not even once!
Happy holidays to you the dunne I Hope your feeling better soon.
you really don't.
He was painted as a malevolent predator, who was going to proceed with sexual activity whether the complainant granted informed consent or not. Once a jury is persuaded that he is a malevolent predator then whether the defendant could reasonably believe consent had been granted is a mute point for them.
So you've no proof of any incompetence, ineptitude or neglect on the part of his defence team ? Just suspicions, opinion and conjecture ?
I'm totally ignorant of the law so perhaps thats the issue. What is the burden of proof here? Does the jury have to consider him guilty beyond a reasonable doubt or is there a lesser burden of proof?
the same burden of proof as every other criminal case.
This is laughable!
The whole crux of the issue is that whether she gave consent, whether he knew she had or had not given consent or that he was reckless to whether she gave consent.
I'm not sure why you consider that juries are stupid? The actual law would have been explained to them, and they decided guilt, based on evidence. The jury was privvy to all evidence and based their decision on that.
Unlike some posters on boards who are clearly psychic 🙄
They wouldn't be my first pick if I had a sexual assault case against me.
can you point out where this was done? the only court report linked to is the one from the sentence hearing. how he is portrayed here played no part in his conviction.
I had severe doubts over the whole Paddy Jackson show trial, there were a number of people at the house party, all apparently intoxicated and several different accounts of what went on. That was a very different situation.
In this case it's reported there is video and CCTV evidence and also the testimony of four presumably sober bouncers. The young lady herself was happy to be named publicly in order to highlight the case.
Vast majority of reasonable citizens would have few qualms about this conviction and hopefully deportation.
Get over it he's a rapist.
But somehow you want her the victim to be prosecuted
I'm basing that on the judge's comments at the sentencing who portrays her as a vestal virgin ensnared by a serpent:
Ms Justice Tara Burns, who sentenced Kudzievi at a sitting of the Central Criminal Court in Dublin, told Ms McElroy that she had experienced “every young woman’s worst nightmare”.
“This was an innocent night out. A bunch of young women enjoying themselves. A small amount of alcohol was consumed and for whatever reason it had a significant effect on the young woman. CCTV from outside the nightclub shows her in an incapable state. ”
https://www.irishtimes.com/news/crime-and-law/courts/criminal-court/victim-of-sexual-assault-disgusted-by-behaviour-of-attacker-and-onlookers-1.4743919
In her so-called incapable state she was still able to perform fellatio.
If you were an illegal immigrant, in a country that the language was not your first language, would you really have much of a "pick" ?
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