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Both of those questions and even the concept they are expressing are irrelevant no matter how they are phrased.
No woman is required to fight off an attacker. Every rape(much like every other violent crime) involves the question for the victim of whether or not to fight, attempt flight or submit. The only way this would be relevant is if she had been able to kill him and the issue of self defense was being judged.
So how do we determine if sex was consensual or not? Accuser: "We had sex and I didn't say, yes" Judge: "30 years imprisonment for the defendant!".
So how do we determine if sex was consensual or not? Accuser: "We had sex and I didn't say, yes" Judge: "30 years imprisonment for the defendant!".
Why are you so quick to dismiss every rape charge? Sure, there are people who cry rape when it wasn't, unfortunately it happens. However, don't you realize that there ARE rape charges that are legit? You seem to think every count of rape is false.
Why are you so quick to dismiss every rape charge? Sure, there are people who cry rape when it wasn't, unfortunately it happens. However, don't you realize that there ARE rape charges that are legit? You seem to think every count of rape is false.
Why are you so quick to build a strawman? I'm asking how can we prove sex is not consensual? The burden of proof is on the accuser and the presumption of innocence is on the accused. And a trial is an adversarial contest, not a therapy session. Some people seem to be turning those concepts upside down.
You don't know for a fact that is the real motivation and not a pretext.
This is sounding dumber and dumber with every post. A pretext? Anyone with even half a brain knows the questions, as phrased, were inappropriate. Even his daughter said the questions were disgraceful.
The initial argument you people were making was that it's the judge's responsibility to ask questions to get to the truth.
My post simply pointed out there are better ways to phrase questions and now you're arguing there is some nefarious motivation.
You sound insensitive beyond belief, so no surprise you're not capable of understanding this.
Why are you so quick to build a strawman? I'm asking how can we prove sex is not consensual? The burden of proof is on the accuser and the presumption of innocence is on the accused. And a trial is an adversarial contest, not a therapy session. Some people seem to be turning those concepts upside down.
Some people want rape cases to be guilty until proven innocent instead it seems
Why are you so quick to dismiss every rape charge? Sure, there are people who cry rape when it wasn't, unfortunately it happens. However, don't you realize that there ARE rape charges that are legit? You seem to think every count of rape is false.
Good question. Is there some epidemic in Canada and the US of false rape charges that the rest of us missed?
Why are you so quick to build a strawman? I'm asking how can we prove sex is not consensual? The burden of proof is on the accuser and the presumption of innocence is on the accused. And a trial is an adversarial contest, not a therapy session. Some people seem to be turning those concepts upside down.
Like many other types of cases there is rarely absolute proof a crime happened unless there are witnesses and even then witness testimony is highly unreliable.
Proof comes down to whatever evidence there is, credibility of witnesses and the common sense of the judge/jury (or lack thereof) deciding the case.
While certainly it would strengthen your case to have injuries from fighting off a rapist, it is not required to obtain a rape conviction. We don't know the details of this case so hard to discuss relative to this particular case.
So how do we determine if sex was consensual or not? Accuser: "We had sex and I didn't say, yes" Judge: "30 years imprisonment for the defendant!".
You are just making stuff up. If you have access to her actual testimony, please provide a link.
In the absence of that, all we know is that the people in Canada who provide oversight over the judiciary, who presumably do have access to the trial records, think that what he did was out of line and are reviewing it to determine what to do about it.
So how do we determine if sex was consensual or not? Accuser: "We had sex and I didn't say, yes" Judge: "30 years imprisonment for the defendant!".
I'm going to suggest if you have difficulty determining if sex was consensual that you refrain from sex with anyone in the absence of written consent. There your problem is solved and you don't need to be afraid of being falsely charged with rape.
This is sounding dumber and dumber with every post. A pretext? Anyone with even half a brain knows the questions, as phrased, were inappropriate. Even his daughter said the questions were disgraceful.
The initial argument you people were making was that it's the judge's responsibility to ask questions to get to the truth.
My post simply pointed out there are better ways to phrase questions and now you're arguing there is some nefarious motivation.
You sound insensitive beyond belief, so no surprise you're not capable of understanding this.
How would you feel if you were drunk, in a bad part of town and you were assaulted and your wallet stolen?
Do you think in order to get to the truth of whether or not you were assaulted and robbed the judge should be asking you why you didn't shove your hand in your pocket and hold onto your wallet for dear life rather than give it up?
Should the criminal who assaulted/robbed you walk free because you were drunk, or in a bad part of town or didn't risk your life fighting for your wallet?
No different.
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