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Sexual violation jury: victim gave consent while blackout drunk
#1

Sexual violation jury: victim gave consent while blackout drunk

I usually like to contribute positively but this shit bothers me and provides a window into how little principle there is behind much of the talk we hear.

In recent months several male university students in New Zealand have been jailed under spurious circumstances, in 'he said she said' scenarios. In this case a gay man has sucked off a passed out straight guy who woke up and made him stop. The jury has let the gay off based on the reasoning below.

I don't know the facts but if a hetero case involved the reasoning "the victim gave consent while blackout drunk" there would be a shit storm decrying 'rape culture' and victim blaming. Instead I am seeing girls who were all on board #yesallwomen last week posting how funny it is.


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Quote:Quote:

A jury has accepted that a Christchurch man could have given consent for a sex act with another man while suffering from alcohol-induced amnesia.

The 30-year-old defendant thanked the jury from the dock when it found him not guilty after 45 minutes at the end of the two-day trial.

The alleged victim told the jury at the Christchurch District Court trial that he woke up after falling asleep in the back seat of a car to find that the man was performing oral sex.

The man on trial claimed that the alleged victim had asked for oral sex, but suddenly "changed" when the act had been going on for five or six minutes.

Judge Brian Callaghan has granted the defendant final name suppression after the jury's verdict. The man denied a charge of sexual violation by unlawful sexual connection on an alleged victim who has said he is not gay and had his woman partner supporting him at court when he gave evidence.

A Canterbury District Health Board psychiatrist, Dr Erik Monasterio, has given expert evidence about the effects of alcohol-induced amnesia on short term memory.

The jury heard evidence from the complainant that he had experienced memory black-outs at other times when he drank heavily. On the night of the offence - the sexual activity took place in the early hours of May 19, 2012 - he had been on a party bus and had consumed 12 to 14 standard drinks between 5pm and midnight.

He met the other man and was offered a ride after being refused entry to Christchurch Casino.

In his evidence, he said he had no memory of sending two text messages which showed up on his phone about the time the defence is suggesting there could have been a memory black-out, and he had no recollection of smoking cannabis which showed up in his system in toxicology tests taken next day.

Defence counsel Tony Greig said that alcohol often disinhibited people and could make them do things they regretted. It could cause them to say something tactless, or do things they wished they had not done.

Dr Monasterio said it appeared the complainant had experienced memory loss for an undefined period in the early hours of that day. Alcohol could impair the ability of the brain to transfer short term memories into long term memories.

The defence suggested the alleged victim could have asked for oral sex while having a memory black-out, fallen asleep while it was happening, and then woken up with no recollection of making the earlier request.

Crown prosecutor Karyn South said: "It is quite an unlikely proposition if has played out as the defence has suggested."


http://www.stuff.co.nz/national/10118997...ted-to-sex
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#2

Sexual violation jury: victim gave consent while blackout drunk

Okay for gays to go for drunk men but it's not okay for men to go for drunk girls. #Anti-hetero society #deathspiral

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#3

Sexual violation jury: victim gave consent while blackout drunk

It would be nice if heterosexual men could be given the same benefit of the doubt.
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#4

Sexual violation jury: victim gave consent while blackout drunk

The fuck...

We live in a crazy world.

I wonder what would've happened if the straight beat the gay dude to death?
Would he have been charged with a hate crime?
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#5

Sexual violation jury: victim gave consent while blackout drunk

This is worse than say, a woman waking up to a man going down on her. It's far more likely that a woman is straight than that a random man is gay.

It would be funny as a form of activism to start canvassing gay venues and wait for gay men to 'sexually assault' you by fondling you, and then pressing charges on them. I wonder if police would even accept your charges - they might just laugh in your face and say "well what did you think would happen at a gay bar?" Of course they wouldn't do that to a woman.

Personally, I'm inclined to let the gays have their fun and not impose the stupid rules that prude women impose on straight men.
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#6

Sexual violation jury: victim gave consent while blackout drunk

#YesAllDrunks
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#7

Sexual violation jury: victim gave consent while blackout drunk

no one is going to comment on the clever column title "Legal Blow"? They must have been in tears laughing while writing this.

Why do the heathen rage and the people imagine a vain thing? Psalm 2:1 KJV
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#8

Sexual violation jury: victim gave consent while blackout drunk

#LegalBlow

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#9

Sexual violation jury: victim gave consent while blackout drunk

Having tried cases before juries, I know there is no point in bitching about some random jury verdict and trying to make a political point out of it. The jury heard the evidence over days, they saw the witnesses testify.

Even the widely-derided OJ verdict had factual bases - like proven manipulation of evidence by Dets. Fuhrman and VanAtter.

Maybe in this case the "victim" sounded like he was full of shit, or "regretted sex."

Men are also acquitted in rape trials - I've been defense counsel in a couple of them. I also saw a guy acquitted in a drunk sex case.
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#10

Sexual violation jury: victim gave consent while blackout drunk

Voluntary intoxication is no excuse. If you have drunk sex then that's on you.
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#11

Sexual violation jury: victim gave consent while blackout drunk

Quote: (06-06-2014 01:41 PM)Uzisuicide Wrote:  

Voluntary intoxication is no excuse. If you have drunk sex then that's on you.

I would agree usually but such reasoning has to apply consistently - it's well documented especially in a university context that the opposite presumption often applies.
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#12

Sexual violation jury: victim gave consent while blackout drunk

Gays are an important protected class in the eyes of the political left. Heterosexual males are villains. According to the left, the protected class simply can't ever commit a crime.
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#13

Sexual violation jury: victim gave consent while blackout drunk

So many protected species; girls, gays, transgender, lesbian and baby seals. I'm going to go to a place where homosexuality is criminalized. I can deal with countries that have tough punishments as long as they have laws that make sense. The West, free for everyone except straight men.
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#14

Sexual violation jury: victim gave consent while blackout drunk

Quote: (06-06-2014 09:19 AM)Dr. Howard Wrote:  

no one is going to comment on the clever column title "Legal Blow"? They must have been in tears laughing while writing this.

Typical for the NZ press I'm afraid. They are the type to straight up joke about men getting their genitals cut off.

Dr Johnson rumbles with the RawGod. And lives to regret it.
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#15

Sexual violation jury: victim gave consent while blackout drunk

Seems to me a lot of the comments on this story are a mirror image of feminist attitudes about rape. Except butthurt victim mentality is: "straight men are the only allowed victims," instead of "rape culture men are victimizing all of us."

Looking at it from the jury's probable point of view this was probably an easy verdict.

What are you going to do, side with the shifty loser drunkard who was somehow aware he got blown, but was "too drunk" to consent and now wants to "prove" he's "not gay," and put the gay guy in prison for years at taxpayer expense, where he can blow a lot of guys?

Or just say: fuck it, get over it and sober up, "victim."
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#16

Sexual violation jury: victim gave consent while blackout drunk

^ Yeah, personally I would have chalked it up as a drunken night I'd rather not have everyone know about and moved on with my life...

No homo.

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