Quote:
Originally Posted by GioforPM
The problem is the evidence of consent v. no consent. I actually think the original complaint was made by a relative, BTW.
The problem here will be the lack of an actual verbal indication at the time that there was no consent. All of them will say - no she was a willing participant and never said no. Plus, as I understand it, there was some text or phone communication right after the fact where the victim said she did consent.
On the other side will be any evidence that the accuseds should have know that there wasn't any consent - signs of impairment (and to what degree), the mere fact of whether any consent in that weird situation could be assmed no matter what. There the after the fact conversations might cut the other way - whoever contacted her must have done so because they knew it was questionable. Plus there may be some accused who cut a deal and give evidence against the others.
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Thank goodness for people who actually UNDERSTAND law instead of making it up as they go along.
FWIW, though, the recent Supreme Court Vu case (2024 SCC 1) could be problematic, but I've not read it yet and am not familiar with the fact pattern, and it was reviewing a Court Martial. But that may well be a determinant. (The accused was found Not Guilty and the complainant was, it appears, extremely inebriated.)