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gratuitous

(82,849 posts)
6. Classic confusion there, your honor
Wed Jun 15, 2016, 06:32 PM
Jun 2016

Of course you can take the defendant at his word that he "remembered consent." It's very convenient and self-serving for Mr. Turner to say so, but there's no reason to doubt that that's what Mr. Turner remembered. After all, even a judge can't read a person's mind.

The problem with Mr. Turner's remembrance, though, is that the woman he was in the process of raping wasn't conscious. It's really tough to get someone's consent in that state. That thing I just said about reading a person's mind? Yeah, it goes for the defendant, too. He can't read his victim's mind and claim there was consent when she wasn't competent to give consent because she was unconscious.

See how that works, your honor? It sounds like you were gulled, either by a devious defendant who is much smarter than you, or of your own volition.

there are words--but they would get me banned. niyad Jun 2016 #1
Yeah, me too. cali Jun 2016 #3
"He told me he was innocent! What was I supposed to do? Not believe him?" Aristus Jun 2016 #2
believes the rapist, not the woman. geez, colour me soooooo not surprised. for a guy niyad Jun 2016 #5
The woman said nothing but that she didn't remember the attack. Igel Jun 2016 #8
Well, in CA if you're legally impaired, I think passed out applies in this case justiceischeap Jun 2016 #9
there is the medical evidence, for one thing. and, as was pointed out, if the woman was niyad Jun 2016 #10
but the 12 page letter of the woman means absolutely nothing to you, persky? niyad Jun 2016 #4
Classic confusion there, your honor gratuitous Jun 2016 #6
Yes. This is something many don't understand. trotsky Jun 2016 #17
This should be unbelievable. Unfortunately, there are (too many) more judges like Persky. Eugene Jun 2016 #7
makes me wonder. the man used to prosecute sexual assault cases. maybe somebody should niyad Jun 2016 #11
yeah. that I'd like to see. cali Jun 2016 #14
Does Judge Persky have a daughter we can introduce Brock to? WillowTree Jun 2016 #12
The two Swedish guys said the girl wasn't moving, how is the judge going to believe Turner over... uponit7771 Jun 2016 #13
I'm speechless. Odin2005 Jun 2016 #15
And why not? Really, what can one say to adequately express cali Jun 2016 #16
my comment to him is the benediction, "may you receive everything you deserve". niyad Jun 2016 #18
Grrr! This just enrages me! smirkymonkey Jun 2016 #19
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