Brett Stewart found not guilty of sexual assault

[Timmah]

Yeah I think your right

Dogs fans will be rejoicing if they do

Hardly. While it will assist us to see your backline weakened, it's not good that an NRL player has been charged with sexual assault. Not good for the player, not good for the alleged victim.

While it is good news from the Bulldogs' point of view that a potent player is unlikely to be playing, that is far outweighed by the negativity of this entire situation, which is gut-wrenching not only for Manly fans, but all RL fans - we all cop it for this stuff.

 

[StormChaser]

As much as I hate Manly thanks to the thrashing they bestowed on my team in the GF, this is really tragic for their club and league, but in saying that, we have to remember that the real victim here is the young girl.

Lets hope justice is served.

 

[mik01]

wow , there you go. I didnt know that.

Im surprised then that the media were not using 'rape charge' in their headlines then.

because, in the State of NSW, 'Rape' is not a term used anymore in common law for such an incident - but the temptation is surely there I guess to resort to 'common' speak for this offence.
at least the media are using the formally correct terminology.

this charge carries a maximum sentence of 14yrs.

 

[Timmah]

As much as I hate Manly thanks to the thrashing they bestowed on my team in the GF, this is really tragic for their club and league, but in saying that, we have to remember that the real victim here is the young girl.

Lets hope justice is served.

...allegedly. There is still the chance she has fabricated, just as there is the chance Stewart did indeed sexually assault her.

 

[GB!]

As much as I hate Manly thanks to the thrashing they bestowed on my team in the GF, this is really tragic for their club and league, but in saying that, we have to remember that the real victim here is the young girl.

Lets hope justice is served.

allegedly remember......
we'll know if she's the victim in about a month

 

[wombat68]

I'm fckin shattered. My daughter who idolizes him is in tears...and she doesn't know the full charges that have been laid...just that he probably won't be playing for a while.
I know they've got Dave the security man that wasn't there, Peters and Mayer who fcked off early, but geez we're not talking about sixteen year olds at a blue light disco here...take responsibilitie for yourselves blokes...you've absolutely fcked everything the club has achieved in the last cpla years...fcking gutted.

 

[Kiki]

i just have an overwhelming feeling of sadness about the entire thing. its extremely depressing no matter which way you look at it. and im not even a Manly fan. i feel for you guys. if a Dragon was involved i would probably be a sobbing mess in the corner.

 

[bartman]

s61I of the NSW Crime Act 1900 describes Sexual Assault as 'sexual intercourse without consent'. I presume he was charged with this crime under this section.

other jurisdictions (ie Qld) define Rape as the above, and Sexual Assault as 'indecently dealing' with another.

However, it appears that this is, by another definition, a Rape charge.
Therefore you cannot downplay the seriousness of this charge, nor the value of DNA evidence that will come to play in court.

We are not simply talking about a 'grope'

wow , there you go. I didnt know that.

Im surprised then that the media were not using 'rape charge' in their headlines then.

Before we get carried away about this and rape/intercourse conjecture, the preceding Section 61H gives the following definitions.

(1) For the purposes of this Division, "sexual intercourse" means:

(a) sexual connection occasioned by the penetration to any extent of the genitalia (including a surgically constructed vagina) of a female person or the anus of any person by:

(i) any part of the body of another person, or​

(ii) any object manipulated by another person,​

except where the penetration is carried out for proper medical purposes, or​

(b) sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person, or​

(c) cunnilingus, or​

(d) the continuation of sexual intercourse as defined in paragraph (a), (b) or (c).​

http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s61h.html

So under those definitions a charge of sexual assault could include digital penetration of the genitals or genital penetration of the mouth, without consent.

 

[herbert henry1908]

because, in the State of NSW, 'Rape' is not a term used anymore in common law for such an incident - but the temptation is surely there I guess to resort to 'common' speak for this offence.
at least the media are using the formally correct terminology.

this charge carries a maximum sentence of 14yrs.

Im still amazed the media showed restraint though.

Any chance to slap 'RAPE' over the front page isnt usually missed by the tele.

 

[macavity]

edit - bartman beat me to it.

this is a very serious charge.

the standard of proof is high though.

the police must reasonably believe that there was some sexual contact.

Stewart's "I know nothing" schtick doesn't help - if there was indeed contact, his best defence (on the little I have heard) would appear to be consent.

 

[Kiki]

i really dont think we should be trying to analyse legal stuff when none of us have much of an idea. lets just wait and see how it unfolds.

 

[bartman]

Snap, Macavity.

 

[StormChaser]

...allegedly. There is still the chance she has fabricated, just as there is the chance Stewart did indeed sexually assault her.

This is true, however the fact that the cops have formally charged him should indicate in the early stages at least, that they are fairly confident the girl isn't lying.

 

[cupid]

Speachless

 

[supersoniceagle]

I'm shattered also. I've watched him since he was coming through the grades and he's been one of my favourite players since. I guess myself and all Manly fans are hoping he comes out of this innocent, but I'm sure that would be the case for any team's supporters

 

[Jatz Crackers]

Ok.

Muat be the arse bartman has his head stuck up.

 

[macavity]

i really dont think we should be trying to analyse legal stuff when none of us have much of an idea. lets just wait and see how it unfolds.

speak for yourself....

 

[kia ora storm]

Now people might think twice when they call Slater and Gallen grubs ??....

 

[Timmah]

i really dont think we should be trying to analyse legal stuff when none of us have much of an idea. lets just wait and see how it unfolds.

Completely agreed. Legal analysis should be left to the DPP/lawyers/courts etc. Playing "forum lawyer" (as opposed to forum cop :sarcasm isn't a smart thing to do and begins to assume a lot about the case, and only introduces more speculation.

Remember this matter is before the courts people... you've got to be careful how you comment on it.

 

[StormChaser]

I think the reason most people are shocked is because he was such a squeaky clean, upstanding, good advertisement for the game. Nobody expected this of him.