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Saudi millionaire cleared of raping teenager after telling court he may have accidentally penetrated 18-year-old when he tripped and fell on her


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I prefer to think that the judges made their decision based on actually hearing the first hand testimony of the parties involved.

 

Agreed. Although the Defendant's submission was that he was not guilty of the offence because he already had his DNA on his member when he tripped by accident resulting in penetration of the victim.

 

The claim is unsupported without the earlier testimony of being affected by alcohol being accepted which would perhaps account for the Defendant not being sure-footed. Clearly the victim was naked waist down which was somewhat convenient given the nature of the offence.

 

The Judge must have given some weight to the accidental penetration as pleaded on the question of reasonable doubt.

 

I am not sure I would have come to the same conclusion for two reasons. 1) the victim did not engage in sex with the accused only her friend did, the victim being semi naked raises more questions as to circumstances which reduces the weight I would give to that question and; 2) the accused version of events in respect to the comfort of the victim is questionable since the accused claimed drunkenness which would have affected his coherent ability to properly assist the victim into a more comfortable position. Further, no weight was given to the greater rationale that the victim did not require such assistance.

Edited by JayT
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... Clearly the victim was naked waist down which was somewhat convenient given the nature of the offence.

 

...

That's not clear at all considering the article had the girl claiming he pushed her shorts aside.

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That's not clear at all considering the article had the girl claiming he pushed her shorts aside.

 

That's the point. She said she had shorts. He says she was naked with only a large T'shirt.

 

How many girls do you know that don't wear panties? Would it be reasonable for you in the same circumstances to offer an oversize shirt to cover her for her to sleep in?

 

That is part of his defence. The Judge clearly didn't buy into the 'he moved my shorts' argument and preferred the evidence of the accused about the large t'shirt.

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newtocebu

His lawyer can probably have a charge of sodomy reduced to walking too closely behind

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smokey

Agreed. Although the Defendant's submission was that he was not guilty of the offence because he already had his DNA on his member when he tripped by accident resulting in penetration of the victim.

 

The claim is unsupported without the earlier testimony of being affected by alcohol being accepted which would perhaps account for the Defendant not being sure-footed. Clearly the victim was naked waist down which was somewhat convenient given the nature of the offence.

 

The Judge must have given some weight to the accidental penetration as pleaded on the question of reasonable doubt.

 

I am not sure I would have come to the same conclusion for two reasons. 1) the victim did not engage in sex with the accused only her friend did, the victim being semi naked raises more questions as to circumstances which reduces the weight I would give to that question and; 2) the accused version of events in respect to the comfort of the victim is questionable since the accused claimed drunkenness which would have affected his coherent ability to properly assist the victim into a more comfortable position. Further, no weight was given to the greater rationale that the victim did not require such assistance.

didnt Mike tyson go to jail for rape when the hotel girl came to his room to give him a massage wearing t back bet she was surprised when she said no and he did not stop ... 

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didnt Mike tyson go to jail for rape when the hotel girl came to his room to give him a massage wearing t back bet she was surprised when she said no and he did not stop ... 

 

Good question. We might have to get Tyson back in front of Judge Martin at Southwark Crown Court for an expedited appeal. :)

 

I know the American justice system/process is somewhat different from that of England. I have seen the Boston Legal episode re-runs on the Telly :)

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smokey

its not fair to us guys a girl says lets snuggle she comes to bed in only t back starts giving you a massage then things get hot and heavy and she wakes up next day and says ... ;you raped me I never said yes..

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Good to be rich and part of the protected class, or how frickin stupid are some judges?

It was decided by a jury. Not a judge.

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It was decided by a jury. Not a judge.

 

The Judge still has has to give directions to the Jury both during the trial and prior to the jury deliberations.

 

These directions are important because if a Jury ignores the directions then quite often the matter is turned over on appeal.

 

In this case I suspect that the Judge in giving his summary dealt with the elements of reasonable doubt that the accused Barrister raised. The Jury probably retired, took 20 minutes to put the kettle on, had a cup of tea and something to eat for another 20 minutes and then decided to talk about it for another 20 minutes and decided the summary given by the judge was sufficient and by show of hands after some banter opted for Not Guilty.

 

I have also seen cases where Jury's get it wrong and the Judge while entering the decision and conviction grants leave for the convicted to appeal without any need to apply for that leave.

 

Will be interesting to see whether or not the Crown appeal in this case.

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