Alleged rape by two footballers, woman too drunk to remember anything

Sorry I didn't make myself clear; the reasonable man is a hypothetical creation, he doesn't exist.

It can be defined by 'A phrase frequently used in tort and Criminal Law to denote a hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability.'

Ultimately, the jury decide whether the conduct of the defendant is on par with that of a reasonable man. This is the best system out there, there is no real alternatives that have been put forward.

You are correct that it acts as a deterrent, but a deterrent doesn't work against a man who reasonably and honestly believes he has done nothing wrong, therefore there would still be no point sending down someone who reasonably believes they have done nothing wrong.

yeah thats why so many real rapists get off and the girl is left with mental scars her whole life. no rapist is sentanced to death in this country. a very low amount of rapes as i said get convicted anyway and thats because of views like those on here. as i said it is mostly men coming out with this rubbish that again makes me ashamed to be male. many more rapists get off than innocents who are accused. this is a true fact unfortunately. my view is that those on here hate women and see them all as sluts. they dislike that women can dress and do what they like and that women have sexual control most of the time. it is us men who are usually desperate to pull women you see the extent gone to all the time.

i think some dont like the fact that a pretty young woman can be dressed up and drunk and say no. it affects mans ego. thats why you see so many people blaming young attractive woman who are drunk for rape yet if a gran or older woman or man is raped it is always 100% evil and terrible. that view tells you a lot. society hates attractive young women.

Stop trying to act all high and mighty, if there was a clear case of rape here you can be sure that the vast majority would be condeming ched without fail. However when someone is convicted of such a deplorable act, depsite the fact there is a begging question and there seemingly isn't enough evidence to prove guilt beyond all reasonable doubt then clearly people will start stirring questions. If we call ourselves moral beings and agree with a persons right to a fair trial then when cases like this come along and we say nothing about the seemingly dodgy verdict then we are no better than tyrants. People merely want questions answered, either much evidence hasn't been released or Evans has been made a scapegoat. I sincerely hope it's not the latter!

A little bit drunk is different from a lot drunk. I have stated many times that the point at which you are too drunk to be responsible for your actions is debateable, but it exists. I cannot speak for this woman because you don't know all of the individual differences associated (she may have been spiked it seems), but the fact that most people don't hit it, doesn't mean it doesn't exist.



So we should ignore the human brain and the findings of neuroscience when looking at human actions and decisions? Sounds like a brilliant idea.
There is a difference between consenting to sex with someone you normally wouldn't, and being too drunk to consent at all. I'm not saying that anyone who's had anything to drink can't consent, I'm saying there's a point at which you can't consent. And as I keep saying, where this point is is up for debate; but once you have reached it, if someone has sex with you then it is rape.

So if I am so drunk I can't remember the next morning, staggering everywhere and totally out of the world I am not responsible if I put a chair through a window? That is what you are saying.

I get that the 'reasonable man' is hypothetical, but it isn't objective. What I think a 'reasonable man' would do may be different from what you think a 'reasonable man' would do... And I think this judgement on what a 'reasonable man' would do in a situation needs to be supplemented with the information about whether she was past this point (debateable where it is) that means she cannot consent.

Well just no. The reason rape convictions are so low is because it is hard to prove. It isn't like murder, where there is the physical act of death; for rape, the physical act is always there, the two people have had sex. It then must be proved, BEYOND REASONABLE DOUBT that the sex was without consent. You've basically ignored any point made to you and just ploughed on through anyway.

I get that the 'reasonable man' is hypothetical, but it isn't objective. What I think a 'reasonable man' would do may be different from what you think a 'reasonable man' would do... And I think this judgement on what a 'reasonable man' would do in a situation needs to be supplemented with the information about whether she was past this point (debateable where it is) that means she cannot consent.

So is there a point where you can drive your car drunk, because you aren't responsible for the decision you make, or many other decisions we make when drunk?

If the girl says she wants to and is drunk then fine but if she is too drunk to give consent then obviously consent is not given and the guy shouldn't go there.

In all those things you mentioned, if you were to do them, you'd be the perpetrator not the actual victim.

Defendents shouldn't be held in the same regard as victims.

Pathetic. Sad that the law caters for sluts who go out, get drunk, sleep around and then call foul play when they regret it.

its hard to prove which is why so many women dont report it because so many that do arnt believed. the girls know it is hard to prove and so do the rapist. the rapist has upper hand here and you know they do. you have no clue what this does the women. if locking more rapists up means girls will be safer and they feel they have justice then so be it. aswell as the facts i stated above on the general attitutde to young women who get raped anyway. always someone looking for excuse to blame. males have overrepresented them self in the rape apologist olympics on a massive scale here. i wonder why.

an ashamed male cheesy crisp