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RTÉ journo given 15months for sexually assaulting woman as she slept

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    #122
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Sounds like a case where she was ambiguous about it and her capriciousness has destroyed this man's life.

    In my opinion she is vindictive, remaining anonymous whilst wanting this man named.

    The court should order that she be identified and order her to state in writing to any man she meets whether or not she consents to penetrative sex.



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    #123
    purpleshoe
    Registered Users Posts: 56 ✭✭purpleshoe


    https://www.boards.ie/discussion/comment/119392169#Comment_119392169

    Well it is a hard “No” from me.

    But based on your earlier legal post I suspect it is a hard “Yes” from you.

    The chap may have a case against his wife. I suspect many couples will be contacting their solicitor this week.



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    #124
    standardg60
    Registered Users Posts: 4,416 ✭✭✭standardg60


    https://www.boards.ie/discussion/comment/119392002#Comment_119392002

    I'd suggest he shares a little responsibility too, which required an apology which was given and nothing else.



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    #125
    CPTM
    Registered Users Posts: 1,305 ✭✭✭CPTM


    https://www.boards.ie/discussion/comment/119392167#Comment_119392167

    Would you not think a girl taking time out of her life to pay for solicitors and go through the court system with the fairly common story of a drunken one night stand who later tried to get things going again after she fell asleep is not more believable than the lad who is denying it? Even though he has to admit he was tipsy and in bed with her and already slept with her? Have to say I'd probably believe her myself. In fact I'd say it happens every single weekend in every country in the world.



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    #126
    Faugheen
    Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    https://www.boards.ie/discussion/comment/119392194#Comment_119392194

    If he wants to bring a case against his wife, have at it.

    Or, in the real world, it's likely that boundaries have been established between him and his wife as a result of years of trust.

    Of course, anyone here that has actually ever been in a relationship will understand that instead of equating it to two randomers who don't know each other.

    Have at your rapey ways if you think it's ok for anyone to just mount any woman and grab their tits, though.

    https://www.boards.ie/discussion/comment/119392181#Comment_119392181

    You didn't know this?

    As I've pointed out before, consent classes sound more and more justified by the day.

    https://www.irishstatutebook.ie/eli/2017/act/2/section/48/enacted/en/html#sec48

    There it is, in law.

    (2) A person does not consent to a sexual act if—

    (a) he or she permits the act to take place or submits to it because of the application of force to him or her or to some other person, or because of the threat of the application of force to him or her or to some other person, or because of a well-founded fear that force may be applied to him or her or to some other person,

    (b) he or she is asleep or unconscious


    A person cannot consent to a sexual act if he or she is asleep or unconscious.

    Just because they were messing around earlier does not mean that he can mount her and do whatever he pleases once she is sleeping. Completely rapey to think otherwise.



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    #127
    Mad_maxx
    Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    https://www.boards.ie/discussion/comment/119392217#Comment_119392217

    She willingly went home with him ,was physically intimate with him earlier in the evening , he had a water tight defence against any accusation, he committed Hari -Kari


    Oh and she didn't have to spend anything on solicitors, she was a witness, not a defendant



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    #128
    Gusser09
    Registered Users Posts: 6,910 ✭✭✭Gusser09


    The wifes asleep here beside me. I feel like the ride. Luckily i have the local marching band booked for 12 to come in and wake her up. I also have an airplane fly over with a banner asking for a shag. Cant be to careful.



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    #129
    wylo
    Registered Users Posts: 2,214 ✭✭✭wylo


    Mixed opinions here, I think people need to visualise how beyond creepy a level he took it to. Doesn’t sound like a bit of fondling in the hope of some of action, he was on top of her while unconscious.

    It’s also not fair to blame her for waiting a year. Maybe she couldn’t shake it off, maybe she had told herself the same things people are saying on this thread but realised after a year that dismissing it was messing her up?? She can’t win in that situation without simply going to the guards. Her only options are leave it off completely or try get money off him to perhaps pay for therapy but then she had already lost any chance of justice.

    That being said, him acting “beyond creepy” doesn’t justify 15 months jail and life ruined, it just doesn’t. It doesn’t solve any problems for anyone.

    I believe her trauma could be addressed without his life being completely ruined.



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    #130
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    https://www.boards.ie/discussion/comment/119392242#Comment_119392242

    And herein lies the root of the problem.

    Just because she went home with him, and was intimate with him earlier in the evening, did not mean he had carte blanche permission to climb on top of her and start feeling her up while she was asleep - no matter what she had consented too earlier.

    I hope this case serves as a lesson to anyone who thinks that you can assume consent, just because someone consented once already.



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    #131
    standardg60
    Registered Users Posts: 4,416 ✭✭✭standardg60


    https://www.boards.ie/discussion/comment/119392238#Comment_119392238

    You're completely misapprehending that law, it applies if the person was never in a position to give consent in the first place, which is not the case here.



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    #132
    TomSweeney
    Registered Users Posts: 3,195 ✭✭✭TomSweeney


    https://www.boards.ie/discussion/comment/119390043#Comment_119390043

    She is obviously a very very hateful person.

    This will just drive men further away from approaching women.



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    #133
    joseywhales
    Registered Users Posts: 4,011 ✭✭✭joseywhales


    "She said the night of the attack was the last time she would ever go to sleep feeling safe from attack."

    Yet she fell asleep right beside him minutes after the assault took place?

    A custodial sentence seems a bit much.

    The fact that he stopped when she told him to and that he has zero previous convictions, to get over a year seems a bit much.



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    #134
    CPTM
    Registered Users Posts: 1,305 ✭✭✭CPTM


    https://www.boards.ie/discussion/comment/119392242#Comment_119392242

    Very good, I see where you're coming from. Just feels like women are generally believed these days no matter what it is. Or if they aren't believed, people are too terrified to question them out loud. Although the recent Depp Heard case certainly goes against that, I'll admit that.



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    #135
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    https://www.boards.ie/discussion/comment/119392296#Comment_119392296

    Or maybe some will learn not to assume consent based on previous activities and that climbing on top of a sleeping woman and groping her could land them in a whole lot of trouble.

    This could all have been avoided if he had just woken her up first.



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    #136
    xxxxxxl
    Registered Users Posts: 5,273 ✭✭✭xxxxxxl


    It's a tough one. Guy hung himself so deserves what he got. I have been on the other side woke up next day once the beer goggles wore off Person coping a feel in the morning. Made excuses and left. I just find it odd takes 1 year to decide. chalked it up to life experience and moved on. I mean what would have happened if they finished the deed and guy says get a cab home. Wager that would not go down to well.



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    #137
    pgj2015
    Registered Users Posts: 8,988 ✭✭✭pgj2015


    https://www.boards.ie/discussion/comment/119392320#Comment_119392320

    Or the other way around. I remember waking up and this woman was on top of me having sex one night after a one night stand, I obviously fell asleep.



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    #138
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    https://www.boards.ie/discussion/comment/119392088#Comment_119392088

    He committed a sexual assault on a sleeping woman.

    That's not "nothing".



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    #139
    Birneybau
    Registered Users Posts: 10,240 ✭✭✭✭Birneybau


    https://www.boards.ie/discussion/comment/119391340#Comment_119391340

    User name fits.


    But I'm no white knight. Those excoriating the bloke JAILED for 15! months for what was a clumsy attempt at intimacy, when that sadistic Garda cnut basically got 33 months for his horrific behaviour...



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    #140
    anglesorangles
    Registered Users Posts: 394 ✭✭anglesorangles


    https://www.boards.ie/discussion/comment/119392088#Comment_119392088

    He did nothing wrong? Are you serious? Thats a disgusting take. Its possible to have sympathy but how the **** do you think he done nothing wrong? Did you bother look up the case? As for merging the thread , somebody else started one later on today.



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    #141
    briangriffin
    Registered Users Posts: 333 ✭✭briangriffin


    https://www.boards.ie/discussion/comment/119392169#Comment_119392169

    You are completely misrepresenting what happened here. They had sexual contact fell asleep he woke up and initiated sex by fondling her, she said no, he stopped, she was not traumatised enough to leave the bed they were sleeping in, she was not traumatised enough the following morning when presumably they both had sobered up to call the guards, instead she accepted a lift home with him, he agreed to meet her the following day. I'm sure many men and women who have had a one night stand have had one or the other partner initiate sex after the night before, it usually starts with touching or kissing. It has happened me I've initiated sex and so have my partners, ive been woken up by being "sexually assalted" because my consent was null and void given two hours sleep, nevermind im naked and sleeping next to a naked woman who id just been intimate with, we always ended up having sex or fooling around more. This man's life career and name are ruined now, it could have happened to any man or woman up and down the country and for that reason it rankles with most of us. This man did not break into a woman's house and fondle and mount her as she was sleeping, context is important . Given this man got 15 months there is going to be an awful lot of nervous lads and ladies up and down the country.



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    #142
    cap.in.hand.
    Registered Users Posts: 679 ✭✭✭cap.in.hand.


    https://www.boards.ie/discussion/comment/119392262#Comment_119392262

    Sexual assault while sleeping was the charge...was this her true grievance or a higher chance he'd be convicted of something.... especially since consensual sexual activity already had taken place



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    #143
    anglesorangles
    Registered Users Posts: 394 ✭✭anglesorangles


    https://www.boards.ie/discussion/comment/119391405#Comment_119391405

    Your argument is hilarious. Oh its happened to me and i didnt care so then its fine. And then your own example isnt what happened in this story. Genius , case closed.



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    #144
    anglesorangles
    Registered Users Posts: 394 ✭✭anglesorangles


    https://www.boards.ie/discussion/comment/119391701#Comment_119391701

    How the **** do you know what he was planning???? She woke up. And he stopped. What if she didnt wake up?



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    #145
    political analyst
    Registered Users Posts: 4,472 ✭✭✭political analyst


    https://www.boards.ie/discussion/comment/119392262#Comment_119392262

    As for ruining his life, he did that all by himself!



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    #146
    anglesorangles
    Registered Users Posts: 394 ✭✭anglesorangles


    https://www.boards.ie/discussion/comment/119392424#Comment_119392424

    He did indeed. There was a very simple way for it all not to happen.



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    #147
    Yoshimi79
    Registered Users Posts: 25 ✭Yoshimi79


    What in the hell is the world coming to!



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    #148
    John Doe1
    Registered Users Posts: 2,921 ✭✭✭John Doe1


    The idea that there is gender equality in Ireland today is crazy, women have the real power.

    Ive had a couple of times where girls who i was not attracted to have full on groped me in a club and it didnt even cross my mind to report it to anyone. Ive also had one night stands i have regretted but i just brushed it off.

    Also, this a good demonstration of how women are as aggressive as men but they use reputational damage rather than physical damage.



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    #149
    John Doe1
    Registered Users Posts: 2,921 ✭✭✭John Doe1


    The idea that there is gender equality in Ireland today is crazy, women have the real power.

    Ive had a couple of times where girls who i was not attracted to have full on groped me in a club and it didnt even cross my mind to report it to anyone. Ive also had one night stands that i have regretted but i just brushed it off.

    Also, this is a good demonstration of how women are as aggressive as men but they use reputational damage rather than physical damage.



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    #150
    Mellor
    Registered Users Posts: 39,133 ✭✭✭✭Mellor


    This is definitely not as clear cut as people are making out. On both sides.

    She obviously did not consent to being groped while she slept. But equating this to assault of somebody missing passed out drunk is missing context. On the other hand, martial rape/assault is far more common than people think. The whole picture is important.

    • If a person falls asleep during, is the other person automatically a rapist. As consent is not longer given?
    • If somebody slaps their partner on the ass on the morning, is that assault. They have no consented since waking.

    I'm using those two examples to highlight context. Before some warrior gets offended, refer to my bolded line above again please. What he did was obviously wrong, but it's a very niche case and needed to be looked at holistically. Not from speed reading an article in a newspaper.



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    #151
    Yoshimi79
    Registered Users Posts: 25 ✭Yoshimi79


    Off to jail without even getting the ride



This discussion has been closed.
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