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To wonder (thinking about this awful French rape case) if humans are just rotten

1000 replies

OptimismvsRealism · 05/09/2024 15:04

It wasn't just the husband - at least 80 men went along with this. Guys with ordinary lives drawn out of nowhere.

I wonder if it would be better if we were to just wind things up as a species.

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TriesNotToBeCynical · 05/09/2024 23:47

OneTwoTen · 05/09/2024 23:41

I was on the defence team of a woman charged with rape in the 1990s. She pleaded guilty and went to prison

How were you defending her if she'd pleaded guilty? There would have been no trial.

People who plead guilty are normally entitled to legal representation. The judge has to confirm the conviction and sentence the defendant.

GargoylesofBeelzebub · 05/09/2024 23:48

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Please show us a similar example of so many women raping. Should be easy right?

NonsuchCastle · 05/09/2024 23:48

OneTwoTen · 05/09/2024 23:41

I was on the defence team of a woman charged with rape in the 1990s. She pleaded guilty and went to prison

How were you defending her if she'd pleaded guilty? There would have been no trial.

Even if a Defendant pleads guilty, her legal team is still called the defence team.

Ereshkigalangcleg · 05/09/2024 23:48

Not just aiding and abetting but actually guilty of rape.

But it is aiding and abetting in reality. The actual rapist is the man. Joint enterprise means that others are convicted of the crime too.

Lizzie67384 · 05/09/2024 23:49

TriesNotToBeCynical · 05/09/2024 23:47

People who plead guilty are normally entitled to legal representation. The judge has to confirm the conviction and sentence the defendant.

This would have been a massive case in the 1990s if a woman was convicted of rape by way of JE and there’s absolutely nothing online…

Hybridz · 05/09/2024 23:49

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sunnydays1364 · 05/09/2024 23:49

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Why is the responsibility to change a men issue being put on to women to solve?

NonsuchCastle · 05/09/2024 23:50

Ereshkigalangcleg · 05/09/2024 23:48

Not just aiding and abetting but actually guilty of rape.

But it is aiding and abetting in reality. The actual rapist is the man. Joint enterprise means that others are convicted of the crime too.

That is true. Although, even if the woman can't insert her penis, I would say that, morally, holding another woman down whilst encouraging a man to rape her is just as bad.

Lizzie67384 · 05/09/2024 23:50

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Why don’t you look up the definition of rape? Quite easy to google?

Ereshkigalangcleg · 05/09/2024 23:50

So what you're saying is that if a rapist woman is using an object it wouldn't be rape

Yes, that's the law.

GargoylesofBeelzebub · 05/09/2024 23:50

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Yes that's exactly what we're saying.

Hybridz · 05/09/2024 23:51

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OneTwoTen · 05/09/2024 23:51

*The whataboutery attempts to deflect the horror of this by making "women do terrible things too" is despicable but that's not correct.

Woman guilty of rape NI
found guilty of towpath rape www.theguardian.com/uk/2001/mar/17/sarahhall?CMP=sharebtnurl Woman guilty of rape England*

That's from 2001. The law is different now.

The current Sexual Offences legislation for England and Wales was updated in 2003.

Northern Ireland has slightly different legislation updated in 2008, however the definition of rape in the NI Act also specifies penetration by a penis.

Hybridz · 05/09/2024 23:52

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Toastandbutterand · 05/09/2024 23:52

It's worth noting that the women (very rare) that perpetuate these crimes, most often do so to gain the acceptance or love of the men in the their life.

YellowphantGrey · 05/09/2024 23:53

Garlictest · 05/09/2024 23:45

@AngelicKaty, because the case she defended was in the 1990s. Rape got a specific definition in 2003.

But she also said she pleaded guilty before trial and therefore it wouldn't have gone to trial. You don't employee a Barrister for sentencing

NonsuchCastle · 05/09/2024 23:53

Lizzie67384 · 05/09/2024 23:50

Why don’t you look up the definition of rape? Quite easy to google?

Yes, Google it. Lizzie got her law degree from the University of Google.

Lizzie67384 · 05/09/2024 23:53

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No because they’d be convicted of sexual assault 🙄

GargoylesofBeelzebub · 05/09/2024 23:54

Well you'd like all the cases of teachers getting away scott free or the ones of mothers using their kids for videos and barely getting time in jail.

Yet you still cannot provide a comparable example to the case we're discussing can you?

Lizzie67384 · 05/09/2024 23:54

NonsuchCastle · 05/09/2024 23:53

Yes, Google it. Lizzie got her law degree from the University of Google.

Just like your made up barrister profession 😜

NonsuchCastle · 05/09/2024 23:54

YellowphantGrey · 05/09/2024 23:53

But she also said she pleaded guilty before trial and therefore it wouldn't have gone to trial. You don't employee a Barrister for sentencing

Of course you do! Bloody hell, the level of ignorance.

Meditationgame · 05/09/2024 23:54

Meditationgame · 05/09/2024 23:26

From https://www.cps.gov.uk/legal-guidance/rape-and-sexual-offences-chapter-7-key-legislation-and-offences

Rape (section 1)
Key points
Rape is a crime of basic intent, and drunkenness is not a defence.
Section 1 Rape involves penetration of the vagina, anus or mouth by a penis, therefore a woman can only commit this offence as an accomplice.
Rape is an indictable only offence and carries a maximum of life imprisonment
Charging practice
Prosecutors should specify in the indictment whether the vagina, anus or mouth was penetrated.
Where penetration of more than one orifice occurs, separate counts of rape should be preferred.
The Court of Appeal in R v K [2008] EWCA Crim 1923 held that where it is unclear whether penetration was of the vagina or of the anus, it is permissible to allege penetration of “the vagina or the anus”. The jury will be entitled to convict if they are sure that there was non-consensual penetration of one or the other by the defendant with his penis.

Edited

For anyone struggling with the legal definition of rape in England.

GargoylesofBeelzebub · 05/09/2024 23:55

So a woman can do whatever they want as long as there is no man to blame, interesting.

No petal. The charge cannot be rape without a man present. HTH.

NonsuchCastle · 05/09/2024 23:55

Meditationgame · 05/09/2024 23:54

For anyone struggling with the legal definition of rape in England.

My case was in the 1990s. Google Law School is not so good.

Hybridz · 05/09/2024 23:55

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