Confused at the sentence handed for this "Rape"

ColdAsIce · 21 Apr 2012 at 13:01

http://www.bbc.co.uk/news/uk-wales-17781842

So out of the two involved only one gets sent to prison. Reading the story the other guy had more of a part to play than anyone else but he gets let off.

Some of the quotes from the judge,

"The judge said the sentence took into account that there had been no force involved and the complainant received no injuries."

He also said the complainant was not "targeted" and the attack had not been "premeditated"

5 years for this...

Tummy · 21 Apr 2012 at 13:03

I look forward to reading the Overclockers expert lawyers mull over the evidence.

Rape is terrible. It's one of the worst physical acts a person can inflict upon another.

Skillmister · 21 Apr 2012 at 13:05

I tried to understand this yesterday and couldn't.

The court heard that Mr McDonald met the woman and took her back to the hotel room, sending a text to Evans stating he had "got a bird".

During Evans' evidence, he told the jury he had gone to the hotel, let himself in to Mr McDonald's room and watched his friend and the woman having sex.

It was claimed Mr McDonald asked if his friend could "get involved", to which the woman said yes.

So how did the guy who initiated it get away and the other guy didn't? And more to the point how can some drunk girl regretting her actions get someone put away for 5 years and his life ruined.

Skillmister · 21 Apr 2012 at 13:05

Tummy said:
Rape is terrible. It's one of the worst physical acts a person can inflict upon another.

And by rape i assume you mean drunk but consensual sex.. right?

Who are we to tell, you are right. But it's obviously far easier for a girl to claim rape than it is for a man to deny it.

Rachmaninov · 21 Apr 2012 at 13:10

'Drunk victims are not responsible' - what about drunk 'attackers'?

steve-h · 21 Apr 2012 at 13:10

I've nothing to add but to say I'm confused also.

ColdAsIce · 21 Apr 2012 at 13:11

Surely if Evans is guilty then McDonald is guilty, how can she consent to one but not the other?

King Damager · 21 Apr 2012 at 13:31

This seems to be the epitome of what annoys me about rape cases now a days.

I'm not saying rape isn't a horrific crime, because it is.

But from my interpretation of the article, she got drunk, had sex, and didn't try to stop him, woke up in the morning, regretted it, and decided to accuse him of rape. 90% of female university students could have the same story....

As I say, if my interpretation is wrong, then fair enough, however yeah, theyve effectively ruined a mans life.... It isn't right.

kd

Soundood · 21 Apr 2012 at 13:32

ColdAsIce said:
Surely if Evans is guilty then McDonald is guilty, how can she consent to one but not the other?

by saying 'yes i will have sex with you' and then saying 'no i wont have sex with you'

even if there are 50 guys in the room, all waiting to find out.

no means no, whatever the situation.

Moothead2 · 21 Apr 2012 at 13:38

soundood said:
by saying 'yes i will have sex with you' and then saying 'no i wont have sex with you'

even if there are 50 guys in the room, all waiting to find out.

no means no, whatever the situation.

But they were both accused of Rape. There's no evidence saying she said yes to McDonald and no to Evans. Therefore if they come to the conclusion that a "Rape" did occur, then due to lack of evidence they should both be in jail.

ColdAsIce said:
"The judge said the sentence took into account that there had been no force involved and the complainant received no injuries."

Isn't the force part what makes rape, well er, rape?

hurfdurf · 21 Apr 2012 at 13:39

You cannot consent if you are drunk, sex with a girl who is drunk is rape. People do not seem to understand this.

ColdAsIce · 21 Apr 2012 at 13:39

soundood said:
by saying 'yes i will have sex with you' and then saying 'no i wont have sex with you'

even if there are 50 guys in the room, all waiting to find out.

no means no, whatever the situation.

"It was claimed Mr McDonald asked if his friend could "get involved", to which the woman said yes."

ColdAsIce · 21 Apr 2012 at 13:40

hurfdurf said:
You cannot consent if you are drunk, sex with a girl who is drunk is rape. People do not seem to understand this.

No-one understands this because there will be millions of couples or people out on dates throughout the UK every weekend, getting drunk and having sex.

This is rape? What a load of nonsense.

Moothead2 · 21 Apr 2012 at 13:41

hurfdurf said:
You cannot consent if you are drunk, sex with a girl who is drunk is rape. People do not seem to understand this.

lolhurpdurp.

Let's lock up the thousands of people who had sex with a druken girl last night then, yes?

Jokester · 21 Apr 2012 at 13:43

Moothead2 said:
then due to lack of evidence they should both be in jail.

neither of them should be in jail if there's a lack of evidence!

So was there evidence of her drink being spiked?

Robbo · 21 Apr 2012 at 13:43

hurfdurf said:
You cannot consent if you are drunk, sex with a girl who is drunk is rape. People do not seem to understand this.

What utter garbage.

Zodar · 21 Apr 2012 at 13:44

Moothead2 said:
lolhurpdurp.

Let's lock up the thousands of people who had sex with a druken girl last night then, yes?

Lock up 90% of all who go clubbing, male and female. Let's not be sexist about it please. The men and women both rape each other when both parties are drunk, clearly.

hurfdurf · 21 Apr 2012 at 13:44

Come at me bros

Moothead2 · 21 Apr 2012 at 13:44

Jokester said:
neither of them should be in jail if there's a lack of evidence!

Yeah I know

. But since they came to the conclusion that she was raped, both of them should be in jail surely?

Jokester · 21 Apr 2012 at 13:45

Robbo said:
What utter garbage.

Legally, he's right. The law is very clear - if a girl is drunk she is incapable of giving consent. Of course if the guy is also drunk he ends up in prison.