Judge unsure drunk sex was rape (1 Viewer)

loller

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Judge unsure drunk sex was rape | National News | News.com.au

Judge unsure drunk sex was rape

By Sean Fewster
The Advertiser
July 22, 2009 02:22pm

Trial ... Matthew James Sloan has pleaded guilty to rape, but the judge is unsure whether his actions fit the offence.


  • Woman agrees to have sex then passes out
  • Man goes on to have sex with her
  • Man pleads guilty to rape, judge unsure
A JUDGE has questioned whether a man who had sex with a drunken woman after she passed out should be "marked for the rest of his days" as a rapist.
AdelaideNow reports South Australian District Court Judge David Smith today said he was "troubled" by the case of Matthew James Sloan because his crime might be a "technical rape".

"Rape is a horrible offence ... I suggest that this is a technical rape," he said.

"This is not a situation where an offender perpetrated a sex act on an unconscious victim which she would not have consented to, had she been conscious.

"To mark this man with the grave offence of rape for the rest of his days will stop him travelling to some countries and prevent him getting jobs."

Sloan, 29, of Highbury, pleaded guilty to raping a woman in the city's east parklands in June 2008.

The court has previously heard he met his victim at the PJ O'Brien's pub, on East Tce, and suggested they have sex across the road.

She agreed and the two began to have sex, but she fell asleep during foreplay - which Sloan continued despite her being unconscious.

Both were drunk at the time, with the woman being "heavily intoxicated".

Sloan was due to be sentenced today - prosecutors had asked he receive at least a suspended jail term for his crime.

Judge Smith, however, said that might not be an appropriate penalty.

"There is an inference that she might have consented (to more sex) had she been awake," he said.

"The issue I have to resolve is whether I should even impose a suspended sentence here, that's my problem."

He declined to pass sentence, saying he needed more time to consider his ruling.

"I'm troubled by this," he said.

"I've got you to consider, Mr Sloan, but also the victim and the public's perception."

He remanded Sloan on continuing bail until next week.




















Thoughts?
Is it rape if a woman consents then passes out and the guy proceeds to have sex with her? The judge doesnt even have a clear understanding of whether it is rape or not, how is the average bloke mean to fucking know
 

Sprangler

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The guy was drunk, and he's a guy, so there's no way he would have decided "this is wrong" and stopped half way through.

Alcohol always blurs the lines in cases like this, did the girl just decide that she regretted it in the morning? Does the fact that she was drunk while she consented mean that she wasn't in the right state to consent in the first place, so it is rape?
Did her falling asleep negate the sexual contract she made?

Sounds like one of those things the guy will just end up losing.
 
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She said yes to the sex, so therefore i rekon its consentual sex until she says no or express in some way that she doesnt want to have sex. If she doesnt express that she doesnt want to continue then thats her fault. But since all the femanists have planted seeds in the whole of societies life that men cant hit women, that men have to treat them with kid gloves, etc the mans going to get fucked by the long hard dick of the law.
 

loller

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yeah except she couldnt say no even if she wanted to because she was passed out you muslam
 
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Heh, she was passed out from being intoxicated.
The guy was also intoxicated, so whos to say that the girl had sex with the guy without the guy saying no.
heh
wat happens when the guy doesnt say yes, is that rape too?
 

loller

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Heh, she was passed out from being intoxicated.
The guy was also intoxicated, so whos to say that the girl had sex with the guy without the guy saying no.
heh
wat happens when the guy doesnt say yes, is that rape too?
1. No one is denying that she consented at the start. But after she passed out, she obviously cant say no.
2. Yes that is also rape :confused:


Why is it so hard for muslims to grasp the simplest concepts regarding rape
 

danal353

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you can't give consent if you're intoxicated... so just like if you're under 16, the consent given under the influence of alcohol is redundant.

so having sex with someone who's intoxicated while you're sober is sexual assualt, i.e. rape.
 

loller

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you can't give consent if you're intoxicated... so just like if you're under 16, the consent given under the influence of alcohol is redundant.

so having sex with someone who's intoxicated while you're sober is sexual assualt, i.e. rape.
Um they were both drunk so what is your point
 

danal353

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oh oops, i didn't notice that

then that does make it harder because if he was sober and the victim drunk, then it's rape and if he was drunk but the victim sober, it's still rape (cause being drunk doesn't excuse crime) - but if they were both drunk, i can understand why the judge was confused - though it should be pretty clear if she passed out...
 
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exactly
they were both inotxicated
but every one first acknowledges that the guy raped the girl, instead of the girl raping the guy
 

danal353

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exactly
they were both inotxicated
but every one first acknowledges that the guy raped the girl, instead of the girl raping the guy
i agree that society is a lot more ready to acknowledge a girl being raped than a guy, but i think in this case the girl was the victim, since she had passed out
 

BigBoyJames_

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He probably couldn't fuck her properly and she fell into a deep depression. ffs, its not that hard to use your own cock granted its at least 7 inches. I bet he has a pin dick
 

Serius

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The girl didnt say no...for me the line of rape in cases like this is if they say"no" or do anything in any way that would indicate they dont want it [e.g they could be passed out drunk, but if he starts pulling off her pants and she tries to pull them back on, thats a no]

She actually did more than that and said "yes", got naked, had some foreplay[whilst he is heavily intoxicated too] and then is surprised when they end up having sex?

No idea why he would plead guilty, theres too many factors and no jury would ever convict. Is she lying? was she just too drunk to remember? is he just too drunk to remember? or too drunk to realise she fell asleep halfway through? You could use any of these points alone to sew doubt in the jury's minds and get off the hook.
 

astroe

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LOOOOLLL.

The fact that its in court, someone reported it to the police, yes?
 

Tully B.

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He probably couldn't fuck her properly and she fell into a deep depression. ffs, its not that hard to use your own cock granted its at least 7 inches. I bet he has a pin dick
As always, BBJ, you have a unique take on things.
 

absorber

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Rape IMO, though I suppose it would depend how far it had gone when she passed out
 

loquasagacious

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Rape imo. I think that passing out is equivalent to revoking consent.
 

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