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In reply to the discussion: So let me see if I understand the 2 biggest hot button topics on DU [View all]reorg
(3,317 posts)Your post in no way responds to my previous reply to you.
I am aware that this court did not accept the challenge, we know Assange lost the appeal. It's still not a fair and accurate description, even if this court pretends otherwise.
If it is not "reasonable" to expect that a partner would consent, after she had consented several times over until she "dozed off" and never declined, WHAT IS?
"...it is clear that she is saying that she would rather he had not started at all and had not consented"
No, from what is this supposed to be clear? Readers would like to know.
"... the fact of protected sexual intercourse on other occasions" (like throughout the previous night and directly before the activity in question) "cannot show that she was, or that Mr Assange could reasonably have believed that she was, in her sleep consenting ..."
Well, nice try, not IN her sleep, certainly not. But that's inconsequential, because, as soon as she awoke, she continued and thusly consented, whether it is perceived as "reluctant submission" or not.
"the prosecution case on rape is ... the start of sexual intercourse" - so, how many seconds did that "rape" supposedly last? Here, the court makes clear that they don't intend to interpret and describe the situation fairly and in an appropriate manner. They point out that the Swedish prosecutor's allegation refers to mere moments, and don't object. Which means they accept the unfair and unaccurate description in the warrant as it is.
If all that is needed for a rape prosecution to stand that during a few moments, one participant was unaware of what is happening, although what is happening had been going on in a consensual manner for hours on end, and continued thereafter, then I'm sure there are a lot of rapists out there.
I find it very odd indeed that nobody has ever been able to cite such a case here. Nor a case where the "rapist" took off surreptitiously, without the consent of his partner, the condom and initiated sex while she may not have been fully aware of that.
Show me and I shut up. I don't believe such cases exist.