I thought these days were long gone but apparently in
Ireland if you wear sexy knickers you are "asking for it".
Blaming a defense attorney for arguing consent when her client was on trial for rape is sick.
"victim-blaming"??? What's wrong with you people? This is a criminal defendant on trial for his life (well, okay, not literally his life, but a rape conviction can go pretty far towards ruining a person's life).
Assuming the sexual encounter could be proven, consent is the only legal argument left. Do you want to gag criminal defense attorneys from arguing consent?
@sh76said Blaming a defense attorney for arguing consent when her client was on trial for rape is sick.
"victim-blaming"??? What's wrong with you people? This is a criminal defendant on trial for his life (well, okay, not literally his life, but a rape conviction can go pretty far towards ruining a person's life).
Assuming the sexual encounter could be proven, consent is the only legal argument left. Do you want to gag criminal defense attorneys from arguing consent?
What knickers a person is wearing has nothing to do with consent. Using an outdated offensive stereotype shouldn't be acceptable in a court.
@stellspalfiesaid What knickers a person is wearing has nothing to do with consent. Using an outdated offensive stereotype shouldn't be acceptable in a court.
Which attribute rules it out? Outdated? Offensive? Stereotype?
@stellspalfiesaid What knickers a person is wearing has nothing to do with consent. Using an outdated offensive stereotype shouldn't be acceptable in a court.
Let's make an exercise out of this.
Why?
Why should offensive arguments not be allowed to defense counsel in court?
Is it because the right of others to avoid being offended outweighs the due process rights of a criminal defendant facing years in prison and a lifetime of state-sponsored social stigma?
Would you like to try your hand and defining the parameters of what defense counsel should be allowed to argue in defense of her client? How offensive does it have to be and to whom? How outdated? By whose measure?
Why should offensive arguments not be allowed to defense counsel in court?
Is it because the right of others to avoid being offended outweighs the due process rights of a criminal defendant facing years in prison and a lifetime of state-sponsored social stigma?
Stereotype was the key word, specifically outdated offensive stereotypes. Meaning generalisations of people that have been proven to be factually incorrect and are used to perpetuate offensive myths.
For example in the UK there is an outdated offensive stereotype that all Irish people are stupid. I'm sure you would agree that it would be inappropriate in a court to raise somebodies lack of intellect based on their country of birth.
Assuming the sexual encounter could be proven, consent is the only legal argument left. Do you want to gag criminal defense attorneys from arguing consent?
No.
But when the clothing one wears is considered evidence of consent ....
@sh76said Would you like to try your hand and defining the parameters of what defense counsel should be allowed to argue in defense of her client? How offensive does it have to be and to whom? How outdated? By whose measure?
The defence should be allowed to try anything.
But surely the judge can decide on irrelevancies"?
15 Nov '18 04:12
Dress code?
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