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AIBU?

In thinking this woman should have been charged with rape ??

68 replies

SatansLittleHelper2 · 11/10/2017 11:56

She anally penetrated a man until he was bleeding and yet pretty much got off with it.

And yes,I know in theory she can't be charged with rape but ffs. 😑

www.google.co.uk/amp/www.dailyrecord.co.uk/news/scottish-news/scots-film-maker-brink-suicide-11321695.amp

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MrsJayy · 11/10/2017 11:58

Rape is defined by penetration of a penis, everything else is sexual assault sadly.

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Kezzamo · 11/10/2017 12:03

It would be assault by penetration in England and Wales and would have been treated much more seriously. Scotland have their own (odd) laws.

http://www.cps.gov.uk/legal/ptoor/rapeanddsexualoffences/soaa2003anddsoa_1956/

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kittykarate · 11/10/2017 12:04

I do not think it matters what the crime is defined as (rape or sexual assault) as the maximum sentence for both is the same.

Whoever set the sentence for her was ridiculously lenient.

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Awwlookatmybabyspider · 11/10/2017 12:04

20 hours community service.
People on the dole have to do 100 hours, don't they.
Im beyond sickened and disgusted.
Its still unwanted penetration so I don't think yabu in calling it rape. To me it is a form of rape, for which she should have faced a lengthy custodial sentence

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PotteringAlong · 11/10/2017 12:05

She couldn't be charged with rape because she didn't rape him. She sexually assaulted him.

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MrsJayy · 11/10/2017 12:05

Yes her sentancing is just beyond belief

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WitchesHatRim · 11/10/2017 12:06

That sentence is disgraceful.

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Babycham1979 · 11/10/2017 12:20

In plenty of countries that WOULD be classed as rape, so enough of the semantics. The strange double-standards surrounding men and women's sexuality is most evident in the criminal justice system. God knows how this didn't result in a LONG custodial sentence.

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fridayfreddo · 11/10/2017 12:22

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Iris65 · 11/10/2017 12:22

At least she is now on the sex offenders' register for a minimum of 7 years. That means that she cannot work in any caring professions, with children i.e. teaching, she cannot become a Dr or lawyer and she will have to declare the offence on job and housing applications. In her location head teachers, doctors, youth leaders, sports club managers and others, including relevant people within housing authorities, are notified of the existence of a local sex offender. She must also report to th epolice if she moves house or intends to travel abroad. They then decide whether to notify the authorities of the country she wants to visit.

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TittyGolightly · 11/10/2017 12:24

Me too, fridayfreddo

20 hours community service

120 hours.

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kaytee87 · 11/10/2017 12:24

You answered your own question. She didn't rape him so she can't be charged with rape.

Not excusing what happened of course.

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Iris65 · 11/10/2017 12:25

Regarding her assault it is perfectly possible that he was wearing shorts or loose trousers. If it was a pool party he could have had swim shorts on. Even if he was naked it was still assault!

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SatansLittleHelper2 · 11/10/2017 12:25

Are you being deliberately thick Friday ??

Would you say that about a woman who had been assaulted by a man ??

It doesnt take a genius to work out how she put her hands down the back of his trousers which may have been loose, jogging bottoms type for all anyone knows. 😑😬

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ReanimatedSGB · 11/10/2017 12:26

I also wonder if the low sentence reflects the fact that the assault was less violent than described. Normally, women who commit crimes like this are punished more severely.

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scurryfunge · 11/10/2017 12:28

Don't you understand the guilty bit FridayFreddo?

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Awwlookatmybabyspider · 11/10/2017 12:29

Sounds like a bit of victim blaming there, Friday..Angry.

Oh yes my mistake. 120 hours not 20.
Still doesn't change the fact that the sentence is a joke though. Mind you no sentence in the world is long enough for a disgusting predator

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Uptheduffy · 11/10/2017 12:32

It's the sentencing that's the issue.

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sashh · 11/10/2017 12:34

When a man can rape a 12 year old and get a lesser sentence then no I understand the lenient sentence.


www.theguardian.com/uk-news/2017/mar/17/man-who-pleaded-guilty-of-raping-12-year-old-freed-by-glasgow-high-court

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stitchglitched · 11/10/2017 12:39

It wouldn't have been rape if a man had done this to a woman either because rape requires a penis in UK law. The sentence is woeful but they often are in sexual offences. Most victims don't even see a charge let alone a conviction. I've noticed quite a bit more outrage about this case though, and lots of people claiming (wrongly) that if the victim had been a woman it would have been different.

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kaytee87 · 11/10/2017 12:43

stitch you're right, there's always a lot of outrage on the rare occasion a man is assaulted by a women. Where's the outrage for the women assaulted every single day?

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guilty100 · 11/10/2017 12:44

It's totally inappropriate to doubt his word on this. Shock

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SoupDragon · 11/10/2017 12:44

Didn't he try to get away or push her off?

Lovely.

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DrPill · 11/10/2017 12:46

Kezzamo "Scotland have their own (odd) laws"
Why is it odd to have a law against assault by penetration? It's classed as a separate crime to sexual assault. Anyway, it's the sentencing that is the important part.

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limitedperiodonly · 11/10/2017 12:47

'The punishment was ridiculous. I've been told if it was man who did that to a woman, the sentence would be five years in prison', he said.

I agree with him on the first part but not the second. Apparently in Scotland digitally penetrating someone is not rape - for which the minimum sentence in England and Wales is five years. I don't know what the penalty for rape is in Scotland - perhaps it's the same.

So a man could do that to a woman in Scotland and presumably get the same sentence. I'm not excusing the offender but it's not her sex that appears to be the problem here, it's the Scottish criminal justice system

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