What's new
The Front Row Forums

Register a free account today to become a member of the world's largest Rugby League discussion forum! Once signed in, you'll be able to participate on this site by adding your own topics and posts, as well as connect with other members through your own private inbox!

Rumours and Stuff

Enamoured Eel

Juniors
Messages
139
Charges of a sexual nature are pretty serious. They don't need a complainant, only evidence. I did not write that they will, only that they have the power to do so if they wish.

Mate, no. Have a think about what you’re saying. If authority see me slap my missus on the arse in the supermarket, they aren’t going to bother making an assessment if it was consensual or not to the extent of possible criminal enforcement! By your account, I could be wheeled away without the missus having a say!

For all they know, she slapped my arm away because it was in front of a copper in public and she was embarrassed!

We walk around the next aisle free from prying eyes, she bends over and I give her a harder one with a little grab for good measure.

I want you to tell me how prosecutions would prove the element of the complainant not consenting to being touched in such way without her giving evidence.

Don’t bother saying that the CCTV depicts her shaking her head in a no motion because defence would simply argue that he asked her if she wanted another drink.

Remember; beyond reasonable doubt.
 

the phantom menace

First Grade
Messages
7,689
I want you to tell me how prosecutions would prove the element of the complainant not consenting to being touched in such way without her giving evidence.
I think you answered that yourself above?

In the complainants statement, one of the last lines always is to say words to the effect of ‘I did not give [insert defendants name and/or unknown person] permission to assault me/break my property’ etc.

This translates to evidence in Court.
 

EelsFan05

Bench
Messages
2,747
What you describe is grievous bodily harm which requires a complainant. Without a complainant, Police could run with unlawful wounding.

This is Queensland legislation but the point remains; Police couldn’t and would not prosecute for the offence Brown has been charged with without a complainant.
You can run a GBH case in NSW without a victim, because consent is a non issue, and is not an element of the offence. Victim testimony is always preferable for the prosecution in matters where consent is an issue.
 

eels_fan

First Grade
Messages
6,501
I can only speak from a Qld perspective as that’s where I am based, but I imagine they would be similar across Australia.

silence is not a form of consent - there must be a verbal agreement. That’s direct from Qld govt website.

give it 5 years and you’ll need to register and Co-sign on an app to have sex. Guarantee it. So the government can track not only consent but who is having sex with who, when, where and how often
 

crocodile

Bench
Messages
3,443
I can only speak from a Qld perspective as that’s where I am based, but I imagine they would be similar across Australia.

silence is not a form of consent - there must be a verbal agreement. That’s direct from Qld govt website.

give it 5 years and you’ll need to register and Co-sign on an app to have sex. Guarantee it. So the government can track not only consent but who is having sex with who, when, where and how often
I'm sure if she grabbed him by the stork and slipped him the tongue that's consent without a word spoken.
 

eels_fan

First Grade
Messages
6,501
I'm sure if she grabbed him by the stork and slipped him the tongue that's consent without a word spoken.
Not if either of them decided they won’t want to be involved 30 seconds later.
Are you saying you approve of a man grabbing a woman between the legs without asking ? Because if it’s good for the woman to do it’s good for the man?
 

eels_fan

First Grade
Messages
6,501
Well I've had heaps of sex when I was drunk and I guarantee I consented every time. Obviously there was sometimes regret the next day but I never would've gone to the police about it.
That’s a choice. And times change. Consent laws were updated less than 12 months ago. What flew back when I was in my prime doesn’t today
 

crocodile

Bench
Messages
3,443
Mate, no. Have a think about what you’re saying. If authority see me slap my missus on the arse in the supermarket, they aren’t going to bother making an assessment if it was consensual or not to the extent of possible criminal enforcement! By your account, I could be wheeled away without the missus having a say!

For all they know, she slapped my arm away because it was in front of a copper in public and she was embarrassed!

We walk around the next aisle free from prying eyes, she bends over and I give her a harder one with a little grab for good measure.

I want you to tell me how prosecutions would prove the element of the complainant not consenting to being touched in such way without her giving evidence.

Don’t bother saying that the CCTV depicts her shaking her head in a no motion because defence would simply argue that he asked her if she wanted another drink.

Remember; beyond reasonable doubt.
None of that matters. The only thing that matters is what actually happened. I don't know, you don't and neither does Jesus. How do you know there wasn't a witness.
 
Top