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  1. #141
    Goddamn, he talked for eighty minutes before it became clear which way things were going?

    And I thought some of the cases I've seen waffled on.

  2. #142
    so basically the dude should go to jail and carry the rapist label for the rest of his life because instead of getting drunk and having sex as she proposed, they got drunk, he was extremely(?) mean to her - while drunk - and then they had sex. k.

  3. #143
    Quote Originally Posted by Tennisace View Post
    How should "he said she said" cases be handled?
    With a "not guilty" verdict.

    I don't know how Canadian jurisprudence works, but in the United States you must be convicted of a crime "beyond a reasonable doubt." I've told this story many times but I'm going to do so again. Back in high school I took a constitutional law class, and someone once asked the teacher what that meant. He asked a criminal court judge, and the judge said that he explained to juries that they needed to be 90% certain to convict under that burden of proof. That has been my benchmark ever since.

    How can you be that certain in a he said-she said case? A rape kit might be able to tell you there was intercourse, but not whether it was consensual or rape. Absent other witnesses, video, physical injuries, strong evidence the accused is lying or something else to tip the scales, I just don't see how one can arrive at a 90% certainty level. Even if you want to, by default, believe a rape victim's claims, does that really get you to 90%?

    And yes, I realize that makes many rape cases essentially unprosecutable and that is unfortunate, but I don't think we should put our finger on the scales of justice just because we think we should.
    “Nostalgia was like a disease, one that crept in and stole the colour from the world and the time you lived in. Made for bitter people. Dangerous people, when they wanted back what never was.” -- Steven Erikson, The Crippled God

  4. #144
    Void Lord Breccia's Avatar
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    Quote Originally Posted by Canpinter View Post
    ok not a phrased used here in the states i guess, im still wondering tho what the bases for defining when someone is to drunk for consent is tho?
    It's probably like pornography. You can't define it, but you know it when you see it.

    i.e. a question for the judge/jury, unlike blowing 0.08 on a breathalizer.

  5. #145
    Quote Originally Posted by Breccia View Post
    It's probably like pornography. You can't define it, but you know it when you see it.

    i.e. a question for the judge/jury, unlike blowing 0.08 on a breathalizer.
    we shouldn't be basing law on "know it when you see it"

  6. #146
    Quote Originally Posted by Tennisace View Post
    https://www.thestar.com/news/gta/201...gray-case.html


    Do you agree with this ruling from this high profile rape case?

    What does it mean for such cases moving forward?

    How should "he said she said" cases be handled?
    What is the legal burden of proof for criminal conviction in Canada? Have they abandoned reasonable doubt?

  7. #147
    Quote Originally Posted by Stormdash View Post
    What is the legal burden of proof for criminal conviction in Canada? Have they abandoned reasonable doubt?
    It is a kangaroo court up there now.

  8. #148
    Banned Tennis's Avatar
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    Quote Originally Posted by Stormdash View Post
    What is the legal burden of proof for criminal conviction in Canada? Have they abandoned reasonable doubt?
    The judge heard both sides and ruled accordingly. Isn't the how the judiciary should work?

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    Quote Originally Posted by Master of Coins View Post
    Incompetent judge. Get rid of him.
    How do you know he's incompetent? Were you in the courtroom for every second of the case?

  9. #149
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    Quote Originally Posted by Tennisace View Post

    How do you know he's incompetent? Were you in the courtroom for every second of the case?
    Let's see how well this case stands up to the appeals process, if its overturned and the judge is sanctioned then you might have your answer.

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  10. #150
    Banned Tennis's Avatar
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    Quote Originally Posted by Seranthor View Post
    Let's see how well this case stands up to the appeals process, if its overturned and the judge is sanctioned then you might have your answer.
    How do you even know it is being appealed?

  11. #151
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    Quote Originally Posted by Tennisace View Post
    So what you're saying is that women who get raped have no recourse? They must just live with it while their attackers roam free?
    So what you're saying is that all men who are accused of rape are guilty regardless of there being no evidence to that end? They just have to 'live' with it while their accuser roams free?

    I say live in quotes because their lives are over at that point.

  12. #152
    The Unstoppable Force May90's Avatar
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    Quote Originally Posted by Tennisace View Post
    The judge heard both sides and ruled accordingly. Isn't the how the judiciary should work?
    It should work by examining the evidence. Words from two people having been in a room together and alone are hardly evidence enough to find a person guilty in such a vile act as rape. As such, the only verdict that seems reasonable to me is "not guilty".
    Quote Originally Posted by King Candy View Post
    I can't explain it because I'm an idiot, and I have to live with that post for the rest of my life. Better to just smile and back away slowly. Ignore it so that it can go away.
    Thanks for the avatar goes to Carbot Animations and Sy.

  13. #153
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    Quote Originally Posted by Tennisace View Post
    How do you even know it is being appealed?
    IF he's in fact guilty then I doubt he'd appeal, IF he is innocent you can absolutely bet he'll appeal this. Wrongly accused, wrongly convicted, an innocent man wouldn't stand for that shit.

    --- Want any of my Constitutional rights?, ΜΟΛΩΝ ΛΑΒΕ
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  14. #154
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    Quote Originally Posted by May90 View Post
    It should work by examining the evidence. Words from two people having been in a room together and alone are hardly evidence enough to find a person guilty in such a vile act as rape. As such, the only verdict that seems reasonable to me is "not guilty".
    He did examine the evidence. There were lengthy testimonies.

  15. #155
    The Unstoppable Force May90's Avatar
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    Quote Originally Posted by Tennisace View Post
    He did examine the evidence. There were lengthy testimonies.
    Well, I didn't read on all the details, but you were talking about the case "He said she said", which makes it sound like there is no other evidence beside that. If there was more evidence and it was found sufficient, then that is another matter.
    Quote Originally Posted by King Candy View Post
    I can't explain it because I'm an idiot, and I have to live with that post for the rest of my life. Better to just smile and back away slowly. Ignore it so that it can go away.
    Thanks for the avatar goes to Carbot Animations and Sy.

  16. #156
    Banned Tennis's Avatar
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    Quote Originally Posted by Slant View Post
    This case will fall apart in the appeal.
    Please show me where it says he is appealing?

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    Quote Originally Posted by Karon View Post
    Innocent until proven guilty.

    Word vs Word is not proof that he is guilty.

    therefore he is not guilty by lack of evidence.

    The judge should be prosecuted.
    I don't see anyone calling for the judge to be prosecuted except on here. Interesting eh?

  17. #157
    Dreadlord Bethrezen's Avatar
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    Great fact checking there in the Canada law system.

    /sarcasm

  18. #158
    The Unstoppable Force THE Bigzoman's Avatar
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    Quote Originally Posted by Theodarzna View Post
    Perhaps we do really secretly want to ban liquor but having failed to ban alcohol last time around we plan to just widdle it away by making it a ticket to prison by other means.

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    I'd rather 10 guilty people go free than 1 innocent person go to prison.
    Feminists=Woman's Christian Temperence Union incarnate confirmed.

  19. #159
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    Quote Originally Posted by Bethrezen View Post
    Great fact checking there in the Canada law system.

    /sarcasm
    You're not the Judge buddy.

    He is.

    “Gray was very credible and trustworthy. I accept her evidence,” Ontario Court Justice Marvin Zuker told a courtroom. “Rape it surely was.”

  20. #160
    The Unstoppable Force Theodarzna's Avatar
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    Quote Originally Posted by The BANNzoman View Post
    Feminists=Woman's Christian Temperence Union incarnate confirmed.
    I absolutely see it that way.

    Its just another cadre of harpies claiming to be defending the "Delicate Flower of American Womanhood."
    Quote Originally Posted by Crissi View Post
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    On MMO-C we learn that Anti-Fascism is locking arms with corporations, the State Department and agreeing with the CIA, But opposing the CIA and corporate America, and thinking Jews have a right to buy land and can expect tenants to pay rent THAT is ultra-Fash Nazism. Bellingcat is an MI6/CIA cut out. Clyburn Truther.

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