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Original poster

Drunk consent

33 replies

powershowerforanhour · 20/12/2018 23:27

I can't stop think about that thread about the killing of Natalie Connolly. Her blood alcohol level was in the "coma/death" bracket and the expert witness said he had never seen such high levels of alcohol and cocaine together. Even her killer admitted she was talking gobblegook and crashing into things and falling, unable to save herself from injury. Basically completely helpless. But the judge said he couldn't be sure that she didn't consent to the beating and violent sex that contributed to her death.
So how drunk do you have to be to be considered incapable of consent beyond reasonable doubt? If you're falling down, hitting-your-head drunk, incapable of coherent speech and not far off lapsing into coma and death but its considered that there is a reasonable possibility that you consented (to any sex let alone extremely violent penetration with an object and a battering) then how drunk is too drunk to consent? How far down the Glasgow coma scale do you have to be? Actually dead?

OP posts:
charis · 21/12/2018 05:48

Holy fuck, I couldn't finish half of that. But a twenty six year old woman is described as a 'bubbly girl' in the first bit and the next thing I read was that he bought her a car and helped her financially. How the hell is that relevant?

He's framing her as a gold-digger / prostitute isn't he? Move along, no crime here. FFS Angry

RosaFreedman1983 · 21/12/2018 05:19

The sentencing remarks in the case (where the judge sets out the legal reasoning) can be found here: www.judiciary.uk/judgments/r-v-john-broadhurst-sentencing-remarks-of-mr-justice-julian-knowles/

Shockers · 21/12/2018 05:01

I hope there’s an appeal too. He sprayed bleach in her face- how the fuck is that rough sex? The man is twisted- he admitted he wanted to, “teach her a lesson.”

I can’t believe that such a level of violence- leading to death- could result in a 3 year sentence.

Cherries101 · 21/12/2018 04:16

Another example of how a rich white man can get away with murder. If the man who killed Natalie had been black he would’ve gotten life. I hope there’s an appeal.

RosaFreedman1983 · 21/12/2018 03:55

The Sexual Offences Act Section 74 defines consent as 'if he agrees by choice, and has the freedom and capacity to make that choice'. In the case of R v Bree [2007] the court looked in great detail at capacity to consent where a person is drunk, and made it clear that drunk consent is consent if the person retains the capacity to consent. However, each case must be decided on its specific facts, and it is important to emphasise that a person who is conscious does not necessarily have the capacity to consent. The CPS Code states that prosecutors should carefully consider whether the victim/survivor (albeit they call it 'complainant) had the capacity to consent. Consent at the beginning of sex does not mean that consent continues throughout sex -- consent may be withdrawn, or a person may lose capacity to continue to consent. It is important to note that just because a person has previously consented does not mean that the other person can assume consent in the same or similar circumstances.

I would encourage anyone interested in the law in this area to read the relevant chapter in Smith & Hogan 'Criminal Law'.

WichBitchHarpyTerfThatsMe · 21/12/2018 03:02

Alleged 'consensual rough sex' is the new get out of jail card. A woman can be strangled, suffocated, stabbed, have her throat slit. All with impunity apparently because "she liked it rough Your Honour".

treaclesoda · 21/12/2018 02:45

Reading news report after news report these days I'm not sure if actually dead would even matter. I think it won't be long until we see a man in court say that he had sex with his dead partner because she had always had a fantasy about it, and the judge will say 'ordinarily that would be illegal but for a man of good character like you, how can we be sure that you weren't just fulfilling her wishes...' Angry

WichBitchHarpyTerfThatsMe · 21/12/2018 02:37

It's abhorrent OP. There's no question she could've given consent to any sexual activity whatsoever. But hey ho she was a sexually active woman who indulged in substance abuse so I guess she was guilty of contributory negligence or provocation, or poisoning the well or some other terrible female crime and she probably got what she deserved.

That man ought to be doing 30 years for sexual assault, negligence and murder. It's so fucked up.