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Feminism: Sex and gender discussions

Man cleared of rape because he was too drunk to realise which bed he was in.

315 replies

ElephantsAndMiasmas · 26/02/2011 12:29

Sorry DM but here.

This guy's girlfriend refused sex, he stumbled into another room "by accident" and started having sex with the woman in the bed there.

He was cleared of rape.

There is so much wrong with this that I don't know where to start. I imagine he's been cleared because he didn't intend (apparently) to commit a crime. But the fact is that neither woman had consented to sex with him, so whoever he decided to penetrate it would have been rape. He seems to have been cleared on the grounds that if he had walked back into his (non-consenting) girlfriend's room and penetrated her without further ado, that would not have been rape. It obviously would have been.

:( scared and Angry all at once.

OP posts:
dittany · 08/03/2011 14:35

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InmaculadaConcepcion · 08/03/2011 14:32

"I guess accurate doesn't have to be complete."

I'm afraid you're right about that. But it has to be deemed a "fair" report.

JeaninePattibone · 08/03/2011 14:29

The key word of course is 'reasonable'. Belief, however genuine, is not enough. This is why I find it difficult to to understand how the jury acquitted a man who was, by his own admission, to drunk to be considered reasonable.

JeaninePattibone · 08/03/2011 14:25

Do you wish to remove the 'reasonable belief in consent' defence dittany?

dittany · 08/03/2011 14:06

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JeaninePattibone · 08/03/2011 14:05

Well it's strange how the line I quoted above is absent from the original report. I guess accurate doesn't have to be complete.

InmaculadaConcepcion · 08/03/2011 13:56

I despise the DM. The only thing I would say is that the newspaper by law has to publish an account of the case which is "fair, accurate and contemporaneous" or the journo concerned risks being chucked into prison for Contempt of Court.

That said, the paper would certainly highlight aspects of the case according to the angle it was most interested in and play down others without finding itself on the wrong side of the law.

But it's highly unlikely the facts as such would have been misreported.

I imagine the race of the defendant didn't escape the paper's notice, no...

JeaninePattibone · 08/03/2011 13:51

The torygraph has it, but they are just churning the DM story.

JeaninePattibone · 08/03/2011 13:49

"Mr Khan told he court that she had touched him in a way that made him believe that he had the consent of his 'girlfriend'"

I think this is actually the issue that this case turned on rather than the mistaken identity narrative that the Mail wants to big up for it's exclusive.

Still, if by his own admission he was 'pissed out of his mind' I fail to see how the jury accepted his claim that he thought he had consent. But then I wasn't in court and I didn't hear all the evidence and argument for either side.

It's easy for us to 'judge the jury' as it were, but we are only viewing this case through the lens of the Daily Mail.

MrsH75 · 08/03/2011 13:40

It does sound dodgy, and horrific if as portrayed, but I am wary of reaction to anything based on so-called 'facts' provided by the DM. Especially as no other newspaper appears to be reporting the case. IMO their agenda here is to promote racism as the guy is Asian.

Knowing the DM, the whole thing could be a fabrication.

Prolesworth · 08/03/2011 11:42

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aliceliddell · 07/03/2011 16:12

don't forget to let us know how you're doing. and if we can do anything to help.....

queenofthecapitalwasteland · 07/03/2011 13:34

I've come to this quite late but I just wanted to add my support BrokenGirl and I hope today finds you feeling better than last week. You do sound really brave and hope somehow you do get some justice.

It's cases like yours BG and the OP that make me hope that I'm selected to the jury on a rape case because I will kick and scream until the animal in the dock is found guilty.

sethstarkaddersmackerel · 07/03/2011 11:10

hey BrokenGirl.

we did some yelling for you on Saturday.

if you can imagine, literally thousands of women and children, all ages and races, stopping the traffic all the way down Oxford Street, yelling 'WHAT DO WE WANT? JUSTICE! WHEN DO WE WANT IT? NOW!' for you and all the other women who have not had justice.

stopping the traffic when you are cross about something is very satisfying.

ForkfulOfTabouleh · 05/03/2011 20:02

BrokenGirl11 you need to change your name to MendingGirl11.Grin

I have not read the whole thread but want to add my virtual support here.

I am sure you can see from this thread that we all believe you. Smile

I am sure it is worth you seeing those words on the screen.

So glad you got out of the house today with your DD.

InmaculadaConcepcion · 05/03/2011 15:59

Good for you, BG, bloody good for you.

Try and keep that spirit as much as you can. That shithead is not going to win.

But if you want to vent, please come back, we are always willing to listen to you. Smile

dittany · 05/03/2011 14:23

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BrokenGirl11 · 04/03/2011 23:05

thankyou and i will when you baby talk all its nice to have some adult chat just not sure how to use im stuck on this page ha x

Prolesworth · 04/03/2011 22:42

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BrokenGirl11 · 04/03/2011 22:40

I want to say thankyou all for the lovely messages taking time out to listen to me today i put on nice clean clothes opened my blinds and even took my little girl for lunch, that dirty scum bag has took to much of my time tears and pain but i have to let go justice is bull shit! there is none for girls like me its so so sad. But he cant spoil my little girls life so now i put her first just want his scary face out of my bloody head. hope you all have a lovely weekend. and and one on the march please scream for me.. x x

ElephantsAndMiasmas · 04/03/2011 14:20

Oh god Brokengirl I'm so sorry to hear what he did to you, and that you haven't had the chance to see him locked up for his crimes against you. I hope the support on here is helping you in some tiny way, and that your little girl and the love of your friends are making each day more bearable for you. There is a still a big beautiful world out there and one day soon you're going to feel ready to get out there again.

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Prolesworth · 03/03/2011 23:45

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AyeRobot · 03/03/2011 23:42

Oh, brokengirl, it's so bloody frustrating. It makes me so angry that he did this too you and that other people have let you down so badly.

Did the rape crisis women offer you any counselling?

BrokenGirl11 · 03/03/2011 23:35

yes they let that dirty beast walk free and i hate them all.. cant understand it still the lady from rape crisis said she is still in shock she said she has never been involved with a rape case like mine.
she said how i should be so proud of my self and that more than likly will get compensation but guilty i wont get justice i wont get she belives the same as me that it will only be time b4 he hurts again. she is doing some research to see if she can find some answers and will call me in a couple of days. very nice lady but no one can really help me its to late they let him go to hurt again i got no justice when it was all in there face... how did i consent sex when i was strangled and punched so many photos how did they say not guilty they are so evil all of them.

Prolesworth · 03/03/2011 22:23

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