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  1. #11
    pumpkinpie pumpkinpie is offline

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    Correct me if I'm wrong, but is ignorance of the law not an excuse? Had this man been a white Canadian would the judge have made the same decision?
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  2. #12
    Seán E. Ryan Seán E. Ryan is offline

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    The judge seems to have made a ruling that's very ignorant of both precedent and the law.

    The accused doesn't need to be aware of the statute, line and verse. He needs to be aware that he's forcing a sexual act on a non-consenting party. That's the mens rea, sorted.

    There's a famous example in this neck of the woods, the Laffoy ruling. It had to do with a garda issuing a direction under Section 8 of the Public Order Act. Laffoy ruled that the gardaí did not have to memorise and quote the section or indeed any particular formula of words.

    Another aspect of the law that rubbishes this ruling is the meaning of recklessness. Lots of law uses two standards, direct intent and recklessness. Recklessness allows for a crime to be committed in the total absence of intent, which suggests to me that a crime can be committed without knowledge of the law. So if recklessness can be a form of mens rea, it follows that ignorance cannot be an excuse.

    I wonder if the judge has also determined that the woman was not a victim?
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  3. #13
    willow68 willow68 is online now
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    Ignorantia juris non excusat - except where the religion of peace is involved... some animals are more equal than others..
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  4. #14
    Fr Peter McWhinger Fr Peter McWhinger is offline

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    A Woman believing she was obligated to have sex with her Husband could not of her own will volunteer her consent.

    The Common Law should apply to all regardless of cultural values.
    The Rape Law in Ireland turns on whether a Man believes a woman is consenting, where as in the UK the test related to an objective assessment rather than a subjective assessment.

    The Defendant can of course tell an Irish Jury he believed the complainant was consenting but it is a matter for the Jury to determine if they believe him and determine Guilt.
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  5. #15
    pumpkinpie pumpkinpie is offline

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    The reality is that it comes down to religion. He knew she didn't consent but because of his religion he believed he should be able to force her.
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  6. #16
    Seán E. Ryan Seán E. Ryan is offline

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    Quote Originally Posted by pumpkinpie View Post
    The reality is that it comes down to religion. He knew she didn't consent but because of his religion he believed he should be able to force her.
    Plenty of catholics reckoned that a priest could sanction and vindicate rape within marriage too. It had to be outlawed via statue here too. In other words, religion isn't recognised as an excuse within the law, here or in Canada.

    Religion isn't the villain. Morality is. Religion is but the excuse. The law here and in Canada has removed that excuse from both catholics and muslims.
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  7. #17
    Mick Mac Mick Mac is offline

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    Quote Originally Posted by Dimples 77 View Post
    Here's an odd one, and contains a number of interesting elements.

    I always thought that ignorance of the law was no defence, but this Canadian judge has gone for it.

    A Palestinian man from Gaza has been found not guilty by the Canadian judge because "the prosecution did not prove beyond reasonable doubt that the man had criminal intent, known as "mens rea" in the law". "The judge did not dispute that non-consensual sex had taken place multiple times, the Ottawa Citizen reported."

    This is a handy precedent. Can any immigrant into Canada simply claim that they had no criminal intent because they are unaware of the actual law in Canada?

    Canadian man found not guilty of raping wife - BBC News

    "A Canadian man was found not guilty of rape because he believed he could have sex with his wife whenever he wanted.

    Ontario Superior Court Justice Robert Smith ruled the prosecution failed to prove the accused man knew his behaviour was criminal."
    Piss off to whatever racist hole you crawled out of.

    Why are you putting up an article about something far away here?
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  8. #18
    Mick Mac Mick Mac is offline

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    Quote Originally Posted by pumpkinpie View Post
    The reality is that it comes down to religion. He knew she didn't consent but because of his religion he believed he should be able to force her.
    The Muslim Brotherhood which some Irish lads have gone to to toe for believe it's not even possible for a woman to Grant consent to her husband's.

    It's automatic. They kicked up quite a stink about the UN declaration of women's rights saying that want the case.

    What's that got to do with ireland?

    Irishmen are campaigning for that very group. Once again Irish males are showing their misogny and we are all supposed to clap.

    Well dimples you don't seem to be clapping.
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  9. #19
    Disillusioned democrat Disillusioned democrat is offline
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    Quote Originally Posted by darkhorse View Post
    palestinians can get away with murder in their homeland
    especially those who are descendants of war refugees from 1948
    they are well used to special treatment
    compliments of the UN
    Exactly - the muslim faith allows muslims kill apostates...so does that mean in Canada it's now okay to murder lapsed muslims?

    It seems the world over there's a big recruitment problem into the judiciary.
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  10. #20
    Disillusioned democrat Disillusioned democrat is offline
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    Hush for a moment and listen to the shrieks of outrage coming from our feminists...oh wait, they're too busy attacking Ronan Mullens...

    I wonder does Ireland-apologist in chief, Ivana Bacik, have anything to say to Justin Trudeau about this?
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