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Started By
Message
re: Kirans Podcast Maddison Brooks mom
Posted on 2/17/24 at 5:13 pm to Choupique19
Posted on 2/17/24 at 5:13 pm to Choupique19
quote:
Does that fit your definition of “incoherently drunk”?
Does walking out in front of a car at 2AM?
0
Posted on 2/17/24 at 5:23 pm to Rick9Plus
Also regarding the driver, the fact that he refused to participate in the sex/rape, and the fact he said “they finna rape her” means he knew what was happening was wrong. He was a high school student and maybe he was afraid or in over his head. But she did die, and he shares in the responsibility for what happened that night. All of them made bad decisions. One is dead and the others will pay one way or another. It’s sad. The one guy who has had other victims come forward is a straight up predator, and idk about the other guy in the back seat or the 27-year-old in the front. But none of them can take back what happened.
Posted on 2/17/24 at 7:07 pm to lsupride87
quote:
There is no legal law on what amount of alcohol means consent vs no consent. So without the victim testimony, this is a very hard case for the prosecution
quote:
They were using the defined limit for DUI. There is no defined limit for consent
I couldn’t disagree with you more. There’s case law out there that you should read regarding victim intoxication and consent in conjunction with the RS below. This is important considering intoxication is clearly measurable in this case due to an autopsy and expert testimony in conjunction with witnesses statements and other evidence.
RS: 14§41. Rape; defined
A. Rape is the act of anal, oral, or vaginal sexual intercourse with a male or female person committed without the person's lawful consent.
RS: 14:§42. First degree rape
A. First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:
(5) When two or more offenders participated in the act.
RS: 14§43. Third degree rape
A. Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:
(1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.
Posted on 2/18/24 at 7:47 am to olegreg
Please show me where BAC is defined for what is consent. It doesn’t exist. This isn’t a debate
Some could be .02 BAC and not consenting and some could be .09 and still able to consent.
It’s based off the parties own judgment and condition, not level of BAC.
The DA will bring in an expert that says with her BAC she was hammered with no way to consent
The defense will bring in an expert that says people who are alcoholics can have higher BACs and still function
The point is, there is no level that defines consent like there is for DUI. It is defined there, .08. Period
Some could be .02 BAC and not consenting and some could be .09 and still able to consent.
It’s based off the parties own judgment and condition, not level of BAC.
The DA will bring in an expert that says with her BAC she was hammered with no way to consent
The defense will bring in an expert that says people who are alcoholics can have higher BACs and still function
The point is, there is no level that defines consent like there is for DUI. It is defined there, .08. Period
This post was edited on 2/18/24 at 7:50 am
Posted on 2/18/24 at 7:48 am to BRBaw
People don’t like truth so they downvote.
You’re 100% correct
You’re 100% correct
Posted on 2/18/24 at 8:51 am to Rick9Plus
quote:
What if the young men were drunk too?
Consider this - the young men, to perform the sex act, would have to be at the very least conscious and have some of their mental faculties. A woman could be completely comatose and still, technically, have someone “have sex with her.” For that reason alone the men have more responsibility in this situation.
Welp. here;s one dork that's never gotten shite faced drunk and had sex.
Posted on 2/18/24 at 9:49 am to lsupride87
quote:
lsupride87
I think you you stick to complaining/debating about LIV and PGA matters.
Posted on 2/18/24 at 9:51 am to GhostofLesticleMiles
I am making a statement as simple as saying the sky is blue
There is no defined BAC for consent.
There is no defined BAC for consent.
Posted on 2/18/24 at 9:58 am to lsupride87
Correct but I would be willing to bet that there is precedent from similar cases involving BAC and consent. You know ….stare decisis and that Latin stuff.
Posted on 2/18/24 at 10:12 am to olegreg
I’m not as close to this as many of you LSU folks but don’t see the debate here. There are plenty of guys brought up on rape charges with far less incriminating circumstances and where the victim wasn’t dropped off in the middle of nowhere drunk and subsequently killed.
Posted on 2/18/24 at 10:21 am to EZE Tiger Fan
quote:
Wow, you are one sick mother fricker. Damn.
Right? There’s video of her screaming “get off me!” right before she ended up dead in a ditch. Some people watch too much porn.
Posted on 2/18/24 at 10:27 am to SquatchDawg
Are they all still in jail now? Isn't one accused of raping several women?
Posted on 2/18/24 at 11:24 am to olegreg
quote:
Different scenario: So Person A decides to purchase weed from Person B. Unbeknownst to Person A, Person B plans to rob Person A with the help of Person C. During the transaction, Person C shoots and kills Person A. So Person A was “alittle bit at fault” due to involvement in a drug transaction for marijuana, and therefore it’s alright what happened. That’s what you’re saying.
But the just of bringing up the “little bit that’s her fault” is from the perspective of a parent.
You should always key in on whatever part of a situation your kid can mitigate and control. Regardless of how small it is or how unjust the other parts are.
Posted on 2/19/24 at 10:17 am to Rick9Plus
quote:
There’s video of her screaming “get off me!”
If this is true, these guys are toast.. Doesn't matter if she consented up to that point.
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