Quote:
Originally Posted by jammies
I don't know, maybe I have a naive belief that a judge is going to look at the agreed upon facts of the case - that he did strike and choke these women, and many others - and then ponder the likelihood of every one of them explicitly agreeing to it beforehand without coercion, and conclude that it is not possible. Really, unless you think that every woman secretly yearns to be punched by a d-bag, it seems the only reasonable conclusion to come to, regardless of the obfuscation put up by the defence.
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In general I agree with your premise that the defense needs to do something to establish that he obtains consent. The bolded is I think where you are getting tripped up but the many others is not relevant to the case and it isn't the likelihood that ALL victims agreed it is that is there a reasonable doubt that these women did not agree.
At least for number 2 I think reasonable doubt has been established without Gomeshi having to defend anything. However for 1 and 3 I think without something to establish that Gomeshi seeks consent I don't see reasonable doubt for those 2.