This made me so mad when I read it on the bus the other day.
Now let me get this straight; he claims she consented because
""I thought she gave me the come-on - the body and eye contact was there and she did not give me the brush-off.""
and "she did not stop him helping her take her jumper, bra, tracksuit bottoms and underwear off"
and, worst of all
"he thought that the woman had enjoyed the sex.
"She groaned," he said. "I'm not saying she had the time of her life, but she was there," he told the police. "She gave the impression she was enjoying it.""
So from this we can deduce: firstly, if a woman looks at you, or touches you, and doesn't make it explicitly clear that she does not want to have sex with you, she is giving you a come on, and it's ok to have sex with her.
If she does not attempt to stop you taking her clothes off (no matter whether she is capable of stopping you or not), then she wants to have sex.
And finally, a woman enjoys sex if she was "there". So any sex where the woman is present, she enjoys. And therefore there's no such thing as rape.
This is the problem when you assume consent until told otherwise. If the woman is then not capable of making herself clear, because she is drunk, or drugged, or whatever, then according to this judge and jury, she cannot be raped. Well thank you very much Patrick Hooton, your honour. You prick.
According to him "the woman's comment that she could not give consent because she was drunk was "completely wrong".
So I take it he was off sick the day they covered "diminished responsibility" in law school?
And Ms Kahn, the defense lawyer obviously skipped that class too, if she can say "there was no evidence that the woman had given consent or not, and that drunken consent is still consent." ... so, there was no evidence that she had consented either? But because of the way our stupid, stupid law is at the moment consent is presumed until proven otherwise.
What if this woman had been unconscious in a hospital bed, instead of drunk? Or if she'd been severely autistic? Or there was some medical reason where she could not give informed consent? What kind of sikko would he be portrayed as then, taking advantage of her? Why is this any different? Because she consented to getting drunk. Not sex, getting drunk.
It is still seen as the Woman's responsibility to a) not get into a situation where she can be raped, and b) if she does, issue a loud and clear "NO!" to the man involved (whether she is capable of doing so will not be taken into account.) It's practically Biblical - Deuteronomy 22, v24. "The woman is to die because she did not cry out for help"
Sadly, the woman was not right when she said "'the law has been changed for f like you, if you are too drunk to give consent it's rape', or something along those lines',", but she should have been. And it's worrying that a solicitor could have made such a mistake. If she could, who else could have? How many women are there out there who've been getting drunk, believeing that the law offers them the same protection as it would if they were sober? Because that's what this ruling says. It says you are no longer protected by the law if you are drunk.
And the worst part is, the guy is now complaining that his life has been ruined because of a false rape charge hanging over his head. Well surely, the solution to that would be don't f***ing sleep with women when they are pissed. It is called "Taking advantage". Guys, if you're really concerned about being brought up on rape charges, then it's really simple: think to yourself, "Does she really want sex, or is she just doing this because she's drunk? Is my need for sexual gratification more important than her physical and emotional wellbeing?" and if there is any doubt at all on the first question, remember the answer to the second is always, always No. If you respect a woman as a human being, and not just as a walking vagina, you will have nothing to fear.
Seriously, do you care that much about getting sex, and that little about the woman involved that wou're willing to take the risk that she might not actually want this and sleep with her anyway? She collapses on the bed, fully clothed, completely hammered, and any normal person would tuck her in and let her sleep it off. Instead, he decides to undress her and have sex with her?? And doesn't think this is in any way a violation of her rights?? That is rape, no matter which way you cut it, and to think that this man has been aquitted??? I feel sick.
Seriously, I've been that badly drunk once or twice (and I've known boatloads of men who get worse drunk regularly, and have nothing to fear from it) and right now, I'm just counting myself lucky that all the guys who've walked me home in that state have been kind enough to plonk me on the bed, leave me a bucket just in case, and quietly let themselves out. Because apparently, if they had decided to rape me instead, they'd be getting off scot free.
If I honestly thought anyone reads this who has any power to change things, I'd be down on my knees right now, begging them to campaign to change the law, so that consent is not presumed, and women can have a little bit of justice for once.