scoop Posted February 25, 2011 Share Posted February 25, 2011 But unfortunately that's what a lot of women do when they make these sort of false accusations. Can a man report a woman for a similar sexual asault if he was drunk and wakes up with regret at the side of some greasy fat bison? There hasn't been any false allegations. The man has been convicted. Link to comment Share on other sites More sharing options...
milquetoast1 Posted February 25, 2011 Share Posted February 25, 2011 Well done Noob and Conrod for proving the OP's case. Link to comment Share on other sites More sharing options...
HeadingNorth Posted February 25, 2011 Share Posted February 25, 2011 Why don't people actually want to discuss the judge's comments rather than semantics? We need first to know why even the prosecution were only requesting a three-year sentence, instead of the fairly automatic ten-years-plus that a rape conviction would carry. Based on that fact alone, I would expect that the judge is right to discuss mitigating circumstances. Link to comment Share on other sites More sharing options...
Kthebean Posted February 25, 2011 Share Posted February 25, 2011 Not always - it can also be assault by penetration, or causing a person to engage in sexual activity without consent. As far as I know the difference between assault by penetration and rape is that - rape covers assault by penetration with a penis - assault by penetration covers everything else, for example if someone was penetrated by a different body part or an object Link to comment Share on other sites More sharing options...
Kthebean Posted February 25, 2011 Share Posted February 25, 2011 There wouldn't be a range given for the possible sentencing if that were the case, there'd just be a defined sentence. Not true - its can also be there to allow for things like - risk to the public of reoffending, previous offences, general behaviour. Link to comment Share on other sites More sharing options...
HeadingNorth Posted February 25, 2011 Share Posted February 25, 2011 Not true - its can also be there to allow for things like - risk to the public of reoffending, previous offences, general behaviour. It cannot also be there for anything if your argument is that punishment should always be the same for everybody. Or are you now retracting your previous claim? Link to comment Share on other sites More sharing options...
Kthebean Posted February 25, 2011 Share Posted February 25, 2011 I agree with you on the "dressed" here. Going back to the Tracy/nun example if both had been jumped on in a dark back alley and raped then the cases should be treated with equal severity as simple attire should not be considered a mitigator for the crime. I think that the "behaved" bit is always going to be more problematic though. Yes and I think we could all agree this is an extreme example of that. In actuality when I think of my own sexual experiences its really not that difficult to know whether someone is consenting to sex or not. Noob this might be harder for you if you only have hardcore pornography and not real sexual experiences to think about. Link to comment Share on other sites More sharing options...
HeadingNorth Posted February 25, 2011 Share Posted February 25, 2011 In actuality when I think of my own sexual experiences its really not that difficult to know whether someone is consenting to sex or not. I've had more than one enthusiastically willing partner who only ever said "no" and tried to push me off. (On the rare occasions that I pretended to take her seriously and stopped, she got seriously annoyed until she realised I was just calling her bluff.) So, in the real world, no does not always mean no. Link to comment Share on other sites More sharing options...
Kthebean Posted February 25, 2011 Share Posted February 25, 2011 It cannot also be there for anything if your argument is that punishment should always be the same for everybody. Or are you now retracting your previous claim? I didn't say the punishment should be the same for everybody . If you have raped ten other people you should get a harsher sentence. If you are believed to be of significant risk of raping someone in the future you should spend longer in prison. However I dont personally think that if you rape victim was dressed provacatively or if he/she was seen cosying up to you earlier in the evening you should be let off more lightly. Link to comment Share on other sites More sharing options...
Kthebean Posted February 25, 2011 Share Posted February 25, 2011 I've had more than one enthusiastically willing partner who only ever said "no" and tried to push me off. (On the rare occasions that I pretended to take her seriously and stopped, she got seriously annoyed until she realised I was just calling her bluff.) So, in the real world, no does not always mean no. Exactly, so you knew she was consenting, yes? I dont know what you're trying to get at here. Link to comment Share on other sites More sharing options...
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