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  1. #1
    TruthInTheNews TruthInTheNews is offline

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    Rape And The issue of Consent. The Pundits Miss The Point.

    There has been a slew of articles in the main stream media since the rugby rape trial fulminating about the issue of consent and how consent needs to be made explicit. The latest is from Roe McDermott In the Irish Times. McDermott is a "Fulbright Scholar with an MA in sexuality studies from San Francisco State University" and she makes the same mistake as all the other pundits. The issue is not consent but rather proof of lack of consent. How does a woman prove that she withdrew consent to participation in a sexual act if there were no independent witnesses? McDermott did not address this question.

    Most jurists commence their jury duty in a relatively lighthearted fashion but it soon dawns on them that a trial is a very serious process and that the future life prospects of the accused are in their hands. They become acutely aware that sending somebody down for seven years will probably ruin that person's life so they want to be damn sure that the right decision is made. Lack of evidence is the reason why most rape prosecutions fail and this will not change unless the rules of evidence are changed.

    Feminists like McDermott need to understand that there is nothing wrong with the legal system. Women must realise that if they put themselves in a position where they are alone with a man then the circumstances may be such that it becomes impossible to prove lack of consent in a sexual encounter. Harsh but true.
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  2. #2
    making waves making waves is offline
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    Quote Originally Posted by TruthInTheNews View Post
    Feminists like McDermott need to understand that there is nothing wrong with the legal system. Women must realise that if they put themselves in a position where they are alone with a man then the circumstances may be such that it becomes impossible to prove lack of consent in a sexual encounter. Harsh but true.
    It is all the fault of the woman
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  3. #3
    Toland Toland is offline
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    Quote Originally Posted by making waves View Post
    It is all the fault of the woman
    That's not what he said. As you know.
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  4. #4
    cozzy121 cozzy121 is offline
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    Quote Originally Posted by Toland View Post
    That's not what he said. As you know.
    Okay, lets see what he said..

    Women must realise that if they put themselves in a position where they are alone with a man then the circumstances may be such that it becomes impossible to prove lack of consent in a sexual encounter. Harsh but true.

    I'm getting that women shouldn't be alone with a man, and if they are, they are asking for it, with a touch of, their skirts are too short.
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  5. #5
    edg edg is offline
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    Not another one of these threads
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  6. #6
    artfoley56 artfoley56 is offline
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    Quote Originally Posted by making waves View Post
    It is all the fault of the woman
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  7. #7
    Fr Peter McWhinger Fr Peter McWhinger is offline

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    Rape in the UK is per the 2003 Act and turns on a Objective Standard


    (1)A person (A) commits an offence if—


    (a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,


    (b)B does not consent to the penetration, and.

    (c)A does not reasonably believe that B consents.


    (2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.


    (3)Sections 75 and 76 apply to an offence under this section.


    (4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.


    Rape in the Republic is per the Crown v Morgan and turns on the belief of the accused.
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  8. #8
    Destiny's Soldier Destiny's Soldier is offline
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    Did I mention that 0.08mm thickness of latex film has been accepted in court as the difference between rape and pleasure..

    In fact any procedure between otherwise consenting adults not agreed to in advance of sexual relations can be construed as sexual assault.

    ...So whatever you do, don't touch my bottom OK!
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  9. #9
    Fr Peter McWhinger Fr Peter McWhinger is offline

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    If one or more people involved in a sexual act are negligent in ensuring consent was volunteered they leave themselves open to facing Criminal Charges with Guilt to be determined by a Jury.

    Any party to a sex act is free to withdraw consent during the Act, and rape is committed where there is failure to abandon the act when consent is withdrawn
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  10. #10
    Pabilito Pabilito is offline
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    Quote Originally Posted by cozzy121 View Post
    Okay, lets see what he said..

    Women must realise that if they put themselves in a position where they are alone with a man then the circumstances may be such that it becomes impossible to prove lack of consent in a sexual encounter. Harsh but true.

    I'm getting that women shouldn't be alone with a man, and if they are, they are asking for it, with a touch of, their skirts are too short.
    You’ve just explained how you chose to deliberately misinterpret and embellish what the OP said.

    I get what he said as without any witnesses to sex between a couple (which to my knowledge is virtually always the case so by definition they’re ‘alone’ together), a subsequent dispute over consent boils down to a he said\she said hearsay argument hence impossible to prove in court.
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