Originally Posted by thefoss1957
I am NOT a lawyer...however, there seem to be circumstances where consent is IMPLIED...this would be one of them, a girl who voluntarily accompanies a guy to a hotel room, at a time when for the vast majority of people would be asleep...
The truth is, in this circumstance, impossible to tell, verbal consent may or may not have been given, and if one party has "buyer's remorse" and withdraws consent, it is difficult to say that WHEN that consent was withdrawn. Legally, it comes down to one party's word against another, whether this withdrawal was clear at the time, or if it was withdrawn after intercourse was in progress, or even completed. Reading accounts of Tyson's trial, it seemed to boil down to his word/her word...
Unfair as it may be to a potential "victim", I don't feel that this disputation should be sufficient evidence to convict. And unless there was, say, vaginal bruising (which occurs normally with intercourse) that would indicate forcible entry, as opposed to consensual entry (the bruising patterns, apparently, are different), a verbal account, alone, should NOT be sufficient evidence for conviction.
Of course, I don't have these details of either Tyson or Kane's case...
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