Student accused of rape despite the alleged victim sexting him afterwards

I disagree. It would certainly lead me to question whether it was rape beyond reasonable doubt.

Perhaps I am silly? But then I'm not a legal expert... just like the jury aren't.

What's it to you OP just let the jury decide. Get on with your life TheCitizenAct stop making new accounts.

Perhaps not 100%, but (and excuse my limited legal knowledge) isn't it innocent until proven guilty? So if they are not certain either way... the guy is let off?

Nor is is Callum "Law", albeit he certainly is making us think he is

I have made no legal claims here. My credentials are, again, irrelevant. Nice attempt at a troll, though.

Exactly. But if you sat through all the evidence, you might be persuaded otherwise. The problem is that you don't have all the evidence. The jury will do what they do and we'll find out what happens. There is, however, a difference between whether a complaint meets the standard of proof necessary to convict and whether in fact the woman was raped.

Certainly, it's unreasonable to conclude that she was not raped because she sexted him after the event.

A wonderful fact about our justice system (and ANY justice system worth its salt) is that it's open. We can see what's going, we can be aware of what went on, what the evidence was etc. so that we can see whether things are being done properly, and can make our own minds up if we think they aren't.

Never said it did. And no, what happens after the event is not irrelevant in the court of law. Fact that she sexted him RIGHT AFTER then continued to sleep with him makes it LESS LIKELY that she was forcibly penetrated in the first place. He's simply trying to prove that he's innocent. As it stands, the odds are against her and rightly so. All evidence points to her just throwing this case out there to get forgiveness from her BF or out of embarrassment. She has no valid evidence to warrant ruining this guys life. False rape cases happen every day and this is most likely one of them.

Also, read my edit.

It is not as open as you might think. You would only have full possession of the facts of a Crown Court case if you were sat in the court. You were not and instead have deferred to the wisdom of a Daily Mail journalist who has sat in the court and has told you which facts he finds most interesting. Your facts are limited and come from a biased source.

True, so perhaps the solution is to make court cases more open, to provide live videos of then, go make all court minutes easily available to the public etc. The point still stands that there is nothing wrong with questioning the jury's outcome.

True, so perhaps the solution is to make court cases more open, to provide live videos of then, go make all court minutes easily available to the public etc. The point still stands that there is nothing wrong with questioning the jury's outcome.

You are entitled to question a jury's verdict. It is a free country. However, remember that you are subject to the libel laws.

I think you miss one fundamental issue.
The issue here seems to be whether the woman was capable, due to alcohol, of consenting.
If that is the issue, her subsequent behaviour, isn't relevant at all.

To take an extreme example; a man finds woman unconscious. Man has intercourse with woman. Woman wakes up. Woman decides man is God's gift. They have consensual intercourse. They start relationship; marry

True although I'm assuming you're not accusing me of libel.

"And this is ridiculous too. He was most likely also drunk. Possibly It's unlikely that she was drinking and he wasn't. Again possibly Maybe he more drunk than her. Again possibly How do we know how drunk they both were? The same way we know anything in a court room, because the jury listens to all the evidence and decides At what point is she too drunk to consent? The point at which she is not capable of deciding whether or not to give consent which is a question of fact for the jury. However if the man reasonably believed she was consented even if she had not done so, that is a defence. Could he even consent? That is irrelevant in relation to the offence against her. Rape is a crime of basic intent to which intoxication is not a defence. Did they both rape each other? Impossible. The offence of rape requires penetration by a penis. You can have mutual homosexual rape but if women are involved the offence committed by the woman would not be rape.
Her case is poor. Using your argument, he should counter charge her"

This needs to be proven beyond reasonable doubt. If her only case is literally "I was drunk" then the fact is the verdict won't be in her favour. You are right because unless the prosecution evidence is that she was so drunk as to be unable to consent, the case isn't made out. Especially when that specific instance probably wasn't the only time they were drunk and had sex. That is irrelevant. As the article states, there's concrete evidence of them sexting afterwards which can be proved in court. She was unconscious at any point I assume you mean she was not unconscious at any point but people who are too drunk to consent do not have to be unconscious.

Regardless, none of that should matter because I don't think that's the point she was making. Wasn't the point I was making either. I feel like you're arguing with the assumption that he did rape her. In the court of law he's innocent until proven guilty. The judge knows there will be 2 sides to the story. The jury will told to pick the one that is very likely to be true. No, that leans too far in favour of the prosecution. The defendant has to prove nothing. The prosecution must prove the intercourse, the lack of ability to consent (or lack of consent) and either the defendant's lack of belief she was consenting or that any such belief would be unreasonable.

Taking all that into account, the question is which story is most likely true?. They've been in a seeing each other for a while. She's cheating on her boyfriend to do it (not sure if the accused student knows about that. Probably doesn't matter). Then one day, just like any other, they have sex. She doesn't raise any alarms. She doesn't seem distressed. In fact she immediately sexted him afterwards and continued dirty talking. In fact they continued seeing each other for god knows how long.

Suddenly one day after she feels guilty about cheating on her boyfriend. She also coincidentally decides that one of the times she had intercourse with the student was rape. Claiming he forced himself on her when she no longer wanted to sleep with him. If this was true, why did she sext him RIGHT AFTER and continue sleeping with him showing no signs of problems in their relationship? This wasn't an abusive type thing. They both seemed very happy at all times. Your analogy points to a scenario where she's passed out on the floor and didn't know she had just been assaulted. But that's simply not what happened.

What has not seemingly been reported is what, if any, other evidence has been adduced about her ability to consent.

Once again, I'm not saying she's flat out lying. Who knows how twisted both their stories are. I'm just saying that with all the information we've been given, it seems much more likely that she's lying than the student.

You're triggered by me posting news on the "News and current affiars" section of TSR? Well alrighty then.

And I don't even know who TheCitizensAct is.

The prosecution must prove the intercourse, the lack of ability to consent (or lack of consent) and either the defendant's lack of belief she was consenting or that any such belief would be unreasonable.

I'm 'triggered'... what? Don't try and turn the tables when it seems your day to day life is completely consumed by posting these things. You're part of a swarm of pathetic young men who have their wires crossed, it's a great shame that you're all so self interested and sex orientated it's all about protecting your right to 'every holes a goal'. Get a day job.

Sure you don't.

I can't speak for the OP, but personally I find topics like this interesting and worth watching, because it seems like rape cases are a pioneering area (for lack of a better phrase) for the protections of the presumption of innocence, the burden of proof etc. to be under attack. It stems from what I can only hope are well meaning attempts to deal with the fact that rape is very very difficult to prove and so people wish to shift things like the burden of proof further to the accused, again for good reasons, but doing so is fundamentally wrong it provides wholly inadequate protection to innocent people and makes wrongful conviction oh so much easier.

Do you misunderstand the purpose of a news and current affairs subforum? If not for people to create threads on current news and offer their opinions.. what else is it?