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.
My bad. Incapacitated person. My point still stands.
Don't get dead guys. Jequ0n supports necrophilia.
no, the two people in both cases were the same level of drunkenness
so either: both get drunk, have sex, wake up hungover...
or: 'both of them very drunk, both of them assault each other, because they cannot consent, because they are too drunk...'
I don’t support anything, I just don’t care what others do.
But your joke was, of course, hilarious. I will laugh all night.
No, if they are both the same level of drunk there won't be a prosecution.
If someone takes advantage of a drunk person, 'knowing they do not consent or being reckless as to whether they consent '
They commit an offence. It's not difficult stuff.
I wouldn't be so sure...
"being reckless as to whether they consent"
one persons 'unable to consent' is another's 'being reckless as to whether their partner consents'
No, one persons unable to consent is nothing to do with another's actions.
If someone is reckless as to whether (we'll say female for this) the female has given consent, it means they couldn't give a **** whether there is consent or not. It's all in the mind of the offender. Ever hear of mens rea.
"couldn't give a **** whether there is consent or not."
that's all well and good, until both seem to be willing participants, giving 'active consent' or whatever the proper term is...
If they are both active participants, then there is no assault 🙄
Jaysus the girl had to be carried to a new location. And posters here are trying to portray it as a he said/she said, or come up with hypotheticals about two equally drunk people.
I'd laugh if it wasn't so gross.
I have a feeling some posters here would pass a woman being dragged half naked along the ground and be like "nothing to see here I'm sure she consented".
if she fell over while drunk and cracked her head she would bear responsibility for that. she is not responsible for what somebody else decided to do to her. you really do seem determined to find her responsible for the actions of another.
If she hadn’t gotten totally locked she’d have been safe too. Definitely partial responsibility.
if he hadn't decided to sexually assault her she would have been fine. this is all on him. you clearly have an issue with women and I imagine women have an issue with you.
Not at all. I just have an issue with people who can’t accept responsibility for their own actions or naivety.
No it doesn't.
you are saying that if you get drunk and somebody sexually assaults you that it is partially your fault. that is nonsense. the only person responsible for a sexual assault is the person committing sexual assault. you want to make her a victim twice. like I said you have serious problem with women. that is clear from your posts on this and other threads.
How do you know that?
If two people have consensual sex and neither is making a.complaint of sexual assault, then obviously no assault took place. 🙄
The whole argument here is that she was taken advantage of because she was too drunk to consent. Had she not been locked she’d have been in a better position to assess the situation and make a decision. He didn’t club her over the head.
How do you know she wouldn't have been attacked sober?
She is not partially responsible for her own sexual assault, no.
But when you drink copious amounts of alcohol, to the point of losing control, then there is some degree of responsibility there - that there is a heightened risk of a multitude of consequences: from health-related complications to being vulnerable in public to all manner of crime, to saying or doing inappropriate acts in public.
We are responsible for our actions and the consequences of those actions. In the real world, this is the way things work. Ideally, we could live in a world where you could drink as much as possible and experience no consequence, but that is a fantasy that doesn't exist. Given that women are highly vulnerable in an intoxicated state, they should bear responsibility for the amount of alcohol they consume - in the same way that we wouldn't recommend someone to walk down a dark alley alone at night, not because they can't do it, but because of the associated, real risks that exist.
Put another way, if she didn't get intoxicated to such a heavy degree, the opportunity wouldn't have existed for the crime to take place.
Because nothing in the described encounter mentions intimidation, or threat of violence. You can, of course, add it as a juicy “fact” to make the story more dramatic.
I don't know if you are doing this on purpose but to continue this scenario that several posters have been getting at now for days....
How can they have consensual sex if they are both too drunk to consent?
you should have stopped after the first sentence.
Would you accept the premise that becoming extremely intoxicated increases the risk of serious consequences?
Very troubling reporting around this case, very little detail on what was heard or what defence was put up and his nationality and immigration status seems to have been the big story
I dont think this guy wouldve been sentenced to 6 years were he Irish, from what is available it would strike me as a case easily defended tbh were the desire there to do so
easily defended how? the lady was in no state to give consent.
yeah, you could fall and crack your head as I already said. Anything that somebody else does to you is entirely on them. Entirely.
What is this? How can they both be too drunk to consent?
are suggesting that they both decide they were too drunk and claim assault against each other? Separately?
Easily defended how as in find me an equivalent guilty verdict against a native
Im aware of the justification where one party can consent and one cant, thanks. A bullshit justification which is why these cases dont see trial until the poor bugger is a dirty foreign type
So you agree that he attacked her because she was too drunk to defend herself?
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