Clearly A Drunk Can Consent

ok doser

lifeguard at the cement pond
you're welcome anna - do you have anything to contribute to the thread topic?


i'm waiting for the case to progress myself - don't have any idea how quickly the canadian judicial system moves
 

Angel4Truth

New member
Hall of Fame
I think he raped her based on his history and behavior: him trying to hide her pants and undies and lying about why his pants were undone.
 

annabenedetti

like marbles on glass
you're welcome anna - do you have anything to contribute to the thread topic?


i'm waiting for the case to progress myself - don't have any idea how quickly the canadian judicial system moves

You locked it right after I posted that (my timing was perfect! :chuckle:), and now you've unlocked it again.

I'll wait to see if the thread stays open, I don't want to post on an intermittently opened and closed thread.
 

ok doser

lifeguard at the cement pond
I think he raped her based on his history and behavior: him trying to hide her pants and undies and lying about why his pants were undone.

i think he took advantage of a situation that presented itself and a drunk woman who wasn't going to resist

I think that in any normal sense of the word rape, then yes, he raped her


but the legal sense of the word rape is something very different

and we're talking about the canadian legal system here



if she was my sister, i'd track down the scumbag and cut his (deleted) off

and then i'd get her into a detox program
 

Angel4Truth

New member
Hall of Fame
i think he took advantage of a situation that presented itself and a drunk woman who wasn't going to resist

I think that in any normal sense of the word rape, then yes, he raped her

:thumb:


but the legal sense of the word rape is something very different

and we're talking about the canadian legal system here

Isn't a person though who drinks themselves into oblivion, consenting to all manner of possible things?
Also shouldnt whichever way it falls, fall on both sides consent/no consent for men AND women (if a drunk woman cannot consent, neither can a drunk man)



if she was my sister, i'd track down the scumbag and cut his (deleted) off

and then i'd get her into a detox program
:thumb:
 

ok doser

lifeguard at the cement pond
Isn't a person though who drinks themselves into oblivion, consenting to all manner of possible things?

two aspects of this case intrigue me and i don't believe they've been raised in the mainstream conversation

1. she called a cab and entered it, gave her address - at that point she was able to enter into a contract for services - from a legal perspective

2. alcohol intoxication is a progressive phenomena - even if there comes out of this a sharply defined BAC at which consent can no longer be given, what if consent is given before that point and the person continues to drink?
 

Angel4Truth

New member
Hall of Fame
two aspects of this case intrigue me and i don't believe they've been raised in the mainstream conversation

1. she called a cab and entered it, gave her address - at that point she was able to enter into a contract for services - from a legal perspective

2. alcohol intoxication is a progressive phenomena - even if there comes out of this a sharply defined BAC at which consent can no longer be given, what if consent is given before that point and the person continues to drink?

Since we are hypothesising scenerios, what about

3. The guy has a buddy at a local bar, offers to call her a cab, slips something in her drink where she cant remember jack later...

Another woman stated this guy assaulted her at her place and she had fuzzyness too, and her account sounded like she was drugged.
 

ok doser

lifeguard at the cement pond
Since we are hypothesising scenerios, what about

3. The guy has a buddy at a local bar, offers to call her a cab, slips something in her drink where she cant remember jack later...

Another woman stated this guy assaulted her at her place and she had fuzzyness too, and her account sounded like she was drugged.


in that scenario, the victim's incapacitation is not a matter of their own choice
 

Angel4Truth

New member
Hall of Fame
in that scenario, the victim's incapacitation is not a matter of their own choice

Which could be what happened here also, since its happened with this same guy a couple times before.

One reported he kept driving her around the block instead of to her door, maybe waiting for something to kick in?
 

ok doser

lifeguard at the cement pond
Which could be what happened here also, since its happened with this same guy a couple times before.

One reported he kept driving her around the block instead of to her door, maybe waiting for something to kick in?

good point - it would be a good tactic - pick up a drunk woman, offer her a spiked drink and wait for her to pass out

i wonder if the cops had the hospital do any bloodwork on her :think:



from a legal perspective, i'm not sure how you'd prove that she didn't take it willingly, or before she called the cab
 

Angel4Truth

New member
Hall of Fame
good point - it would be a good tactic - pick up a drunk woman, offer her a spiked drink and wait for her to pass out

i wonder if the cops had the hospital do any bloodwork on her :think:



from a legal perspective, i'm not sure how you'd prove that she didn't take it willingly, or before she called the cab

Good question, but depending on how long had lapsed, there are some date rape drugs that are close to undetectable a little while after the fact. But it would tell how drunk she was which could also suggest some kind of date rape drugging (if her blood alcohol content wasnt high enough for her to be passed out/black out drunk ...)
 

ok doser

lifeguard at the cement pond
OMG

this is still dragging out

Former Halifax taxi driver Bassam Al-Rawi wants one sexual assault charge quashed


Bassam Al-Rawi was accused of sexually assaulting a woman in 2012, but it was decided in March 2013 there was insufficient evidence to charge him.


A former Halifax taxi driver at the centre of a controversial sexual assault acquittal is moving to quash one of the charges against him.

Crown lawyer Carla Ball has confirmed that Bassam Al-Rawi‘s lawyer Ian Hutchinson notified the Halifax province court Monday that his client wants a hearing on a motion to quash a sexual assault charge from 2012.


Al-Rawi was accused of sexually assaulting a woman in 2012, but it was decided in March 2013 there was insufficient evidence to charge him.

Police took another look at the file last year and it was decided there were grounds for a charge of sexual assault.

Lawyers will return to court Aug. 9 to set a date for that hearing.


He also faces a charge of sexual assault in connection with a May 2015 incident, after an acquittal was overturned in January by the Nova Scotia Court of Appeal.


https://globalnews.ca/news/4336092/bassam-al-rawi-wants-charge-quashed/
 
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