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  1. #11
    The_SR The_SR is offline

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    Quote Originally Posted by gleeful View Post
    3.5 years in jail seems like a very harsh punishment.
    For rape?
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  2. #12
    MsDaisyC MsDaisyC is offline
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    Quote Originally Posted by gleeful View Post
    3.5 years in jail seems like a very harsh punishment.
    She said no. He raped her. Would it seem harsh if the woman he raped was a friend or relative of yours?
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  3. #13
    Destiny's Soldier Destiny's Soldier is offline
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    Quote Originally Posted by Sync View Post
    So both parties accepted she said no and then he penetrated her. So...rape. By any legislation in the world that’s rape.

    Well maybe not Afghanistan. What’s your problem statement? What’s your proposed solution exactly? That unwanted and clearly unwelcome penetration is deemed legal?

    The problem exactly is the attitude of the woman afterwards. She imagines he's now going to come after her with a knife -as if it had anything to do with it.

    This is fantasy.

    If she said she felt fine about it but that consent was withdrawn by not using a condom would the law have made such a big deal about it? If the lady can embellish the emotional impact it increases the case against the man.

    Does 0.08mm of Latex make such a big difference to the imagination of a female in an otherwise consensual sexual encounter ?
    Using a condom can be difficult.

    I look forward to the case in court where a man withdraws consent (in advance ) when the woman says she's on the pill but not, and it results in pregnancy. Oh wait that's his problem and he's up for maintenance for the rest of his life.

    Penetration is fine with 0.08mm of Latex but not fine without.
    This is more about the risk of catching a sexually transmitted disease or pregnancy than rape.

    Perhaps the classification of this crime should be psychological trauma rather than Rape.
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  4. #14
    Toland Toland is online now
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    Quote Originally Posted by statsman1 View Post
    What do you think the term for rape should be?
    It depends on the circumstances and the exact events leading up to and during the rape, of course.

    Not having been in court to hear the case, I wouldn't dream of commenting on whether the sentence was excessive in this particular case.

    Nor would I if someone had commented that the sentence appeared to be particularly light.
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  5. #15
    statsman1 statsman1 is offline
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    Quote Originally Posted by Destiny's Soldier View Post
    Using a condom can be difficult.
    Sort of confirms my idiotic moron prognosis.
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  6. #16
    statsman1 statsman1 is offline
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    Quote Originally Posted by Toland View Post
    It depends on the circumstances and the exact events leading up to and during the rape, of course.

    Not having been in court to hear the case, I wouldn't dream of commenting on whether the sentence was excessive in this particular case.

    Nor would I if someone had commented that the sentence appeared to be particularly light.
    I agree, broadly, however I would support a minimum mandatory 7 years for rape, as a baseline, regardless of mitigating circumstances. And a maximum of life.
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  7. #17
    Dame_Enda Dame_Enda is offline
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    Look she said he had to wear a condom but he didn't so there wasn't consent. I agree with the ruling.

    In other cases I have serious concerns of judicial overreach in conflating honest mistakes with sexual assault in other countries but not so in Ireland.
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  8. #18
    drjimryan2 drjimryan2 is offline

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    when one reads this story.....the sanction seems very severe....

    I am aware of a case of child abusers with political connections who raped a child over a prolonged period and they got suspended sentences......

    Consistency seems to be the issue.....
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  9. #19
    Destiny's Soldier Destiny's Soldier is offline
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    Quote Originally Posted by statsman1 View Post
    Sort of confirms my idiotic moron prognosis.
    Name one film or TV programme in the history of movies where the lead characters are in a love scene and the man stops, gets up from the embrace goes to the bedside locker or trouser pocket in search of a condom.

    It doesn't happen for all the obvious reasons. Continuity, spontaneity etc.

    I guess I must be an idiotic moron.
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  10. #20
    Toland Toland is online now
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    Quote Originally Posted by statsman1 View Post
    I agree, broadly, however I would support a minimum mandatory 7 years for rape, ...
    I could hardly disagree more strongly. As currently defined all rape means is penetrative sex without the consent of the person being penetrated, with the term "consent" being (rightly) extremely narrowly defined.

    Could you imagine the reaction if all deliberate acts of killing, no matter what the background consequences, were defined as murder and subject to a long minimum sentence? The wigs would be on the green! And rightly so. And the main group of people throwing the wigs about would be those concerned to defend women in fear of domestic violence.
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