There's no equality before the law. It can only be rape if you are the penetrating partner. A woman can drag a drunk man home and ride him whilst he's passed out, and it will never be 'rape'.
I'm aware he asked for the sentence to be reduced. My argument is, that you only receive a sentence at all on being found guilty. So unless the appeal is that they're innocent but want time in jail, they're offering mitigation for the guilt in order to reduce the sentence. I don't believe you can ask for a reduced sentence on the grounds you believe yourself innocent.
Not a stupid shabby comment. You said the Evans case sets a dangerous precedent because the woman didn't accuse him of rape and said she couldn't remember. The jury found she didn't consent even though Evans accepts she couldn't remember because she'd had too much to drink. She may have passed out, she may have not, but the precedent set in this case applies in a case where a woman passes out and cannot remember. The Evans case is all about whether a woman has the right to consent to having sex. In this case she says she cannot remember and Evans said she did. The jury considered all the evidence, including the film of the hotel room just before he had sex with her and found him guilty.
The sentencing guidelines are 4-8 years for rape, he was given 5 years so they asked if it could be reduced to 4, his guilt or innocence played no part in the request or the rejection of that request. He applied for the reduction while continuing to state his innocence.
No its sexual assault under section 3 of the Sexual Offences Act 2003. She could be sentenced for up to 10 years in prison.
How can his guilt not play a part in a Court sentence? It can only be reduced by showing it to be a lesser degree of guilt or some consequence of the longer sentence affecting some other aspect of his life unduly, but it's still guilt or he'd walk.
Not at all. Think the behaviour of all three of them is poor. When i was put under at Castle Hill for an operation and the surgeon, male or female, gave me a blowjob while under the anasthetic would i be a victim? Should i be distraught?
The case was nothing to do with whether a woman has the right to consent or not, of course she ****ing does. This case was about whether or not she did consent, he claimed she did, she claimed she couldn't remember if she did or she didn't. If that's enough to get you five years in prison, then the legal system is seriously ****ed, he effectively got five years for shagging someone who was too pissed to remember if she wanted it or not, that's simply not good enough.
Yes you would, should you be distraught? If you then found out about it later on then yes I would imagine you might be.
As far as I'm aware, they had the same legal team, it was only for his appeal in Nov 2013 that Evans got a new legal team.