• kiagam@lemmy.world
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    11 hours ago

    And when I say I don’t trust judges and that the justice system of most places is broken for giving a single person the final decision power, based on whatever they think is right, people say I’m trolling.

    Judges pull decisions out of their ass to fulfill whatever interest they have. Or sometimes just because they are stupid.

    Good judges are super rare.

    • stormeuh@lemmy.world
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      14 minutes ago

      Yeah in this case I think it’s more a case of “hey this guy looks kind of like my son”. In this case I think it led to a miscarriage of justice, but I think in other cases that kind of thinking could protect against excessively harsh punishments. In the end I think it comes down to inequality. Bigger inequality shrinks the pool of people judges can intuitively relate to, which in turn makes judgements more unequal.

  • But_my_mom_says_im_cool@lemmy.world
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    16 hours ago

    So if he’s gonna rape as a med student, he’s definitely gonna rape as a doctor. And that judge is a rapist too, judging from their warped views

  • DV8@lemmy.world
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    18 hours ago

    Oh wow, something from Belgium showed up here. Obviously most reactions are the same here. But I would urge everyone to read more details about this. As there much more uncomfortable nuance here. One of those being that the dude is also in agreement he did something wrong. He also gave a relatively accurate description of the events of that evening that got proven with phone records and CCTV at different locations. Making his account of what happened at the least somewhat reliable.

    Obviously the woman could not consent because she was drunk as fuck. And she’s allowed to get drunk as fuck without being taken advantage off. CCTV showed them kissing at the bar they met. Phone records show he tried to call her friend she was supposed to go home with. CCTV shows them going to that friend’s dorm and not getting in and waiting there for half an hour. Then they walk back to his place while kissing on the way there. The morning after his messages to her indicate he wants to continue seeing her. (https://m.nieuwsblad.be/cnt/dmf20250402_95297572?journeybuilder=nopaywall but it’s in Dutch)

    Again, she could not consent, and he as the least drunk of both of them bears the responsibility of this. I do think he should have had some form of punishment above of what he got and for the woman’s feeling of safety a restraining order like she asked. And something that would have made mandatory counselling and follow-up possible. Not to mention that although justice in Belgium isn’t supposed to be revenge, it should also cause some sort of satisfaction for the victim.

    This situation just shows that the definition of rape over the decades has become more complex and nuanced, but unfortunately the tools to deal with this have not. This dude definitely did something wrong, but he’s not just a vicious predator.

      • PM_Your_Nudes_Please@lemmy.world
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        17 hours ago

        It really depends on how drunk you actually were at the time, and that’s what makes cases like this so difficult. Generally speaking, simply being drunk isn’t enough.

        Hell, even being blackout drunk isn’t enough. Because you can be blacked out without being passed out; Blackout drunk simply means your brain isn’t recording things to your memory, so you won’t remember it after you sober up. Contrary to popular belief, alcohol doesn’t make you forget existing memories. It just makes it so you don’t ever commit things to memory in the first place. That’s what happens when you’re blackout drunk.

        In order to be incapable of consenting, you need to be so drunk that you can’t comprehend what is happening. Because informed consent requires two things: Information anbout what is happening, and enthusiasm. You can have both, even while blackout drunk. Because you forgetting your enthusiasm the next morning doesn’t automatically make it rape. After all, you were informed and enthusiastic when it was happening, so you consented. If you were capable of understanding what was happening and were enthusiastic, it’s not legally considered rape.

        And that’s a surprisingly high threshold to beat. You usually need to prove to the courts that you were basically passed out (and therefore unable to be informed about what was happening) before they’ll consider it rape.

        Even if people would colloquially consider drunk sex rape, that’s not typically how the courts view it. And that’s a large part of why so many accused rapists get off without a guilty verdict; The victim basically has to prove that they were missing either information or enthusiasm to overcome the accused’s “they consented to it” defense. And if the victim was blacked out and doesn’t even remember the evening, that becomes extremely difficult to do without outside witnesses corroborating that the victim was passed out and/or combative.

        And hell, in cases like the Brock Turner one, even when the victim proves that she was passed out, the rapist can still get away with just a slap on the wrist.

        • stringere@sh.itjust.works
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          13 hours ago

          Brock Turner?

          You mean convicted rapist Brock Turner?

          I just want to make sure that’s the rapist Brock Turner you’re talking about and not some other Brock Turner.

          I only know of one Brock Turner, and he definitely raped a woman, but the judge let him off easy because he has affluenze.

          The judge decided that a punishment might jeopardize the rich kid’s future, and cited that he hadn’t been brought up to realize the consequences of his actions. To my naive understanding that seems like a really teachable moment.

          By the way, in case anyone wasn’t sure: Brock Turner, the convicted rapist, raped a woman and got away with it because his parents are rich.

      • DV8@lemmy.world
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        18 hours ago

        There are different levels of being drunk. She was so drunk she blacked out and had trouble walking. He As drunk but can supply a recollection of what happened. There’s nuance like I said, but someone who can recollect events and relies on his rational actions where he called her friends can logically be considered to be more responsible for not taking into consideration she was too drunk to be able to consent.

        • 1847953620@lemmy.world
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          17 hours ago

          Alcohol impairment can be very messy. I know someone who had 1 and a half drinks, had no speech slurring or obvious signs of being black-out drunk, but did not remember a third of the night the next day because she’s a lightweight that’s drank a single-digit number of times in her life (she’d also eaten very little that day and had some recent sleep debt). I would not have guessed she was blackout drunk, she was just talking about her problems and was articulate the entire time I saw her. If I didn’t know she had been drinking, I can’t think of how I would’ve known short of some kind of specific motor function test that’s made to suss that out/harder than just sitting around, talking, and occasionally going to the restroom. She just looked a little tired. When we spoke later, she didn’t remember basically anything after a certain point (a couple of hours’ worth) and wondered if some vague flashes of memories had been dreams. It was rather surprising to me.

    • spirinolas@lemmy.world
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      1 hour ago

      Yes, the rapist Brock Allen Turner is also the first thing that crossed my mind. How he got away after raping that girl and now is even trying to change his name.

    • iheartneopets@lemm.ee
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      19 hours ago

      Hey all, anyone who cares about/is interested in knowing more about the crime committed by the rapist Brock Allen Turner should read Know My Name, written by the woman who was actually assaulted, Chanel Miller.

      I highly recommend listening to the audio book, as she reads it herself and has a powerful voice.

  • Nate Cox@programming.dev
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    1 day ago

    By finding him guilty but not punishing him, he will be made to feel guilty and the chance of him reoffending will be prevented, without socially impairing the man

    What a load of horse shit. “Letting him get away with rape penalty free will ensure he doesn’t do it again” is some crazy fucking logic. Seems like knowing there are no consequences for your actions would make repeating the offense significantly more likely.

    • lividweasel@lemmy.world
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      23 hours ago

      I’m sure this concept of non-punishment will now be applied to many other cases across social classes, right?

      Right…?

  • LordGimp@lemm.ee
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    16 hours ago

    I remember an officer in the USCG accused of rape while I worked as a welder on base. Guy had to paint the fire lane on curbs for a month while his superiors quietly hushed up the incident so as to not disturb the guys advancement prospects (he was the kid of some higher rank admin).

    I’m sure that taught him a lesson

    /s

  • fucktrump@lemm.ee
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    1 day ago

    He was training to be a gynecologist, so definitely would rape again. Don’t wish for him to have another victim but sounds like a second offense gets him a sentence for the first one as well.

  • 2ugly2live@lemmy.world
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    18 hours ago

    And his victim wasn’t also young and talented? Are they concerned about how the victim will go on when this fucker walks back on campus?

  • Feathercrown@lemmy.world
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    18 hours ago

    Judges who do this need to be… whatever the judge equivalent of disbarred is. It’s wrong.