When does no, mean no?

Discussion in 'Ethics, Morality, & Justice' started by Bells, Oct 12, 2010.

Thread Status:
Not open for further replies.
  1. jpappl Valued Senior Member

    Messages:
    2,985
    I was answering the OP, when does no mean no.

    And to me he admitted to the rape.

    Looks of other things muddy the waters when considering taking a case to trial in many instances. They of course have to be careful not to take the case to trial when they don't feel they have enough to convict.
     
  2. Google AdSense Guest Advertisement



    to hide all adverts.
  3. John99 Banned Banned

    Messages:
    22,046
    You have to look at the whole situation and cant go by snippets of information. Also the time elapsed between so yes he tried again and that is when the sexual contact happened.

    So now we see two crimes. One would be breaking and entering but then why was he not arrested for that? Because she told him to "jimmy" the door to get in and must be true because she CALLED him on the phone not to stand outside but to come in. Sounds strange to me. I am not saying there were no crimes committed either because we STILL do not have all the information and order of events.

    Not to mention her own attorney does not seem to have pursued this further either which afaik he had a right to do.
     
    Last edited: Oct 14, 2010
  4. Google AdSense Guest Advertisement



    to hide all adverts.
  5. John99 Banned Banned

    Messages:
    22,046
    So on the one hand you agree but want to disagree with us or actually our interpretation of how this case would go when a defense attorney gets involved?
     
  6. Google AdSense Guest Advertisement



    to hide all adverts.
  7. John99 Banned Banned

    Messages:
    22,046
    And it is unfortunate but defense attorneys get people off who did much more\worse and there are dangerous repeat offenders walking the streets too. We can impose the "three strikes" rule but peole fight against it.
     
    Last edited: Oct 14, 2010
  8. jpappl Valued Senior Member

    Messages:
    2,985
    I agree that it was rape.

    I don't know enough about the legal proceedings as to whether they have enough to convict.

    Keeping in mind that a lot of people get away with crimes, that doesn't mean a crime didn't occur.
     
  9. John99 Banned Banned

    Messages:
    22,046
    Well i agree with you on some points because i have a very low tolerance for these crimes but i cant say that they made a mistake here either because there is a lot of conflicting information. I cant convict someone via the internet either though and regardless we dont have access to the all the information.
     
  10. jpappl Valued Senior Member

    Messages:
    2,985
    Agreed.

    What I have been suggesting is that if the defendent himself is admitting that she said no. What relevance is her testimony. She was drunk and can't remember everything but in the end it doesn't matter because he himself agreed that she said no.

    It's like if I hit you on the head so hard that you can't remember anything but think I might have done it. After asking me I said yes I did it, but since you can't remember it doesn't matter.
     
  11. NMSquirrel OCD ADHD THC IMO UR12 Valued Senior Member

    Messages:
    5,478
    has it been mentioned about the types of women that like to be dominated and therefore when they say No it means they want you to take them with a certain amount of force? ( i only read the first post and the last post) i assume as much with the title of the thread..but i have had several women tell me that this is a true concept...

    IE..stop..don't..stop..don't.stop.don't.stop.don't stop. don't stop...
     
  12. jpappl Valued Senior Member

    Messages:
    2,985
    I think it wise to not assume any woman is saying no for that reason.

    My wife and I play these games from time to time. But we discuss it ahead of time.

    If I made a sexual advance towards my wife and she said no, then I would take it as no. Otherwise, it would be against her will.

    I can't imagine a scenario where that would work as an excuse.
     
  13. Bells Staff Member

    Messages:
    24,270
    Don't you get it yet?

    There is no conceivable appearance of consent.

    I'll put it simply for you.

    As soon as she said no, any appearance of consent disappeared. As soon as she lost consciousness and as soon as she became so drunk that she was semi-conscious, any appearance of consent disappeared.

    Mr Buck keeps concentrating on what went on before she said no. Get that?

    As I said to you, they could have had sex 5 minutes prior and were on a post coitious break. We know they were not from the man's own confession to the police and to her on the phone. But they could have had sex 5 minutes prior to her saying no. As soon as she said no and as soon as she became that inebriated and that semi-conscious, there was no appearance of consent, because even the law recognises that she was not able to give consent. The law also plainly recognises that there is no consent or even an appearance of consent once she said no.

    Buck keeps harping on about what went on in the living room, harping on about her terminology in that they had once been "bedfellows", then accuses her of having an abortion. All moot. Do you know why? Because under Colorado law, once a woman (or man for that matter) becomes that drunk and the other recognises they are that drunk (which he confessed to the police that she was beyond that drunk) and once the word "no" is said, there is no consent.

    They hadn't spoken for a year prior to that night.

    You are so intent on defending Mr Buck and his ridiculous reasoning in this that you fail to actually understand what is put in front of you. I have spoken to great legal minds about this, presented them with everything I have shown here in this thread and every single one of them found it ridiculous that a Prosecutor refused to take on the case because they did not think they could convict with a clear confession.

    The law states clearly that if a woman is incapacitated and not in her right mind (passed out drunk qualifies) and if a woman says no, then there is no consent. The law is also clear that any present or past sexual relationship does not imply consent.

    There is no way for a defense to be able to create or argue for an appearance of consent because of his confession. Unless they can argue that "no" does not mean no. Unless they can argue that her telling him no again and apparently trying to push him off her does not mean no.

    But again, the law in Colorado is quite clear on the matter.

    You mean their saying that after Mr Buck had come out and said that the case was unwinnable? My, are you that naive? Prior to Mr Buck's refusal and then publicly demeaning the victim by accusing her of having buyer's remorse and then telling her the facts of the case, and it seems the police confession were pitiful, the detective in charge of the case had a very different view. As was quoted in the OP, here is what the detective actually wrote in his incident report:

    “I advised (the suspect) that I would be requesting a felony summons for sexual assault,” Detective Michael Zeller

    Also Arthur, the blog you just linked is so biased that he, like you and Buck, is willing to overlook a confession. In fact, in the blog piece you posted, he is so biased towards Buck, that like Buck and you, he does not mention that the suspect confessed to police at all. You want an idea of his bias, he says it himself:

    Voters ought to consider the character of candidates. That should be obvious.

    (It’s one of the reasons I have publicly called out appointed Sen. Michael Bennet for launching an unfair – and deeply hypocritical – scorched-earth campaign against Buck. His campaign strategy says enormous things about his character and leadership.)


    http://blogs.denverpost.com/thespot/2010/10/13/ken-buck-progressnow-rape/16369/#more-16369

    Try harder next time.

    He confessed.

    You, like Buck, completely overlooks that the guy confessed to the police. He confessed to having sex with her after she said no and while she was too inebriated to actually consent.

    So what conflicting message was she sending out while she was unconscious Arthur? I mean, lets say you go out with a woman and she faints in your presence, do you drop your pants and start fucking her immediately because she'd kissed you passionately prior to her fainting? Yes? No?

    After all, she gave the appearance of consent before, right? And she wasn't saying "no" when she was unconscious, so you must have consent, right?

    Please Register or Log in to view the hidden image!



    Now, your mental retardation aside, the suspect said no in a confession. The suspect also confessed to knowing she was so drunk that she was barely conscious. Where is the conflicting message there? Did it become conflicting when she passed out after she said no? Are you using the argument that 'well, she didn't fight back or fight him off while she was unconscious, so she must be consenting...?' Is that the reasoning behind Buck's refusal to take on the case?

    After all, we've proven, by law, that there was no appearance of consent once he entered that bedroom and found her semi-naked on her own bed because not only was she too drunk to then consent (by his own confession), but she also said no a few times (by his own confession).
     
  14. adoucette Caca Occurs Valued Senior Member

    Messages:
    7,829
    My mental retardation?

    LOL

    You just couldn't stay away from making this into a personal attack could you?

    You really need to learn to discuss things in a rational manner without stooping to ad hominum attacks.

    Since you can't be civil this will be my last reply to you:

    They ALL knew of his confession,

    BUT still

    The Greeley police chief agreed the case wasn’t winnable.

    The Boulder district attorney agreed the case wasn't winnable. (and NO, this was not a public issue at the time, Buck got this opinion after he talked to the girl)

    The editorial board of The Greeley Tribune agreed with Buck’s decision.

    So there you have it.

    People who actually understand the case and the issues and the law and the community don't agree with you.

    Either they felt his statements could be defused by a good defense attorney or there were other things in her testimony that we haven't seen that would negate them.

    Arthur
     
    Last edited: Oct 15, 2010
  15. jpappl Valued Senior Member

    Messages:
    2,985
    Bells,

    Which makes me wonder. If a guy spikes his date's drink with a date/rape drug and has sex with her while she is unconcious is it rape then ?

    This is basically what has occurred here the only difference is that she got herself drunk.

    There is no excusing his continuation at that point.
     
  16. adoucette Caca Occurs Valued Senior Member

    Messages:
    7,829
    You actually have to ask?

    Yes, that is rape.

    Arthur
     
  17. jpappl Valued Senior Member

    Messages:
    2,985
    I asked because it's no different.
     
  18. John99 Banned Banned

    Messages:
    22,046
    Giving someone a date rape drug is much more serious and probably has additional cahrges.

    Not really.

    Some things that a defense attorney would bring up here are "where were you when you were drinking?" How did you get home?" The reason i say they would bring this up is because normally people pass out closer to and in the vicinity of the consumption. See where this goes?

    AND i am not saying the guy was not wrong.
     
  19. John99 Banned Banned

    Messages:
    22,046
    pappl, it is different to drug someone without their knowledge or consent.

    Please Register or Log in to view the hidden image!

     
  20. visceral_instinct Monkey see, monkey denigrate Valued Senior Member

    Messages:
    7,913
    Except when people play scenarios like that, they discuss it ahead of time and agree on a safe word, so when someone wants to say no for real, they can.
     
  21. NMSquirrel OCD ADHD THC IMO UR12 Valued Senior Member

    Messages:
    5,478
    you are talking husband wife secnarios..(or serious girlfriend) i suppose this could qualify for others also..but the women i have talked to never say anything about that..but then again i suppose the women that i have questioned do not think things through, and tend to be involved in abusive relationships anyway..
    btw..i have difficulty being that person for them because i do believe no means no..this is why i have questioned women about this thing..whats to prevent them from crying rape if your 'hangy down thingy' doesn't meet their expectations..
     
  22. Lori_7 Go to church? I am the church! Registered Senior Member

    Messages:
    10,515
    no i did not. i didn't know the charges also included breaking and entering. that entirely changes my opinion.


    i never said he didn't rape her bells.

    i am NOT excusing the rapist.

    no. i, in no circumstances, accept the "but i'm a man" excuse.

    and i don't say no to my husband. i have a conjugal duty. it's a tough job.

    Please Register or Log in to view the hidden image!

     
  23. adoucette Caca Occurs Valued Senior Member

    Messages:
    7,829
    He wasn't.
    In her phone call to him he said she told him how to get in and she did not dispute that.
    When the DA mentioned that she told him how to get in as a reason to not press the charges she did not dispute it then either.

    Arthur
     
Thread Status:
Not open for further replies.

Share This Page