Raith Rovers

[Wilson]

Husband and wife to go out for drinks together and later have sex. You think that’s rape?

Do you think it can never be?

[WhileTheChief..]

Yeah, I think I'll give this thread a miss. Painful reading.

[hibbyfraelibby]

Husband and wife to out for drinks together and later have sex. You think that’s rape?

Depends upon whether or not there was unimpaired consent surely?

[Wilson]

Yeah, I think I'll give this thread a miss. Painful reading.

Possibly the only good thing out of the Goodwillie signing is the discussion it has created.

[Unseen work]

Do you think it can never be?

Of course it could be rape, if she refuses to give consent or is too intoxicated to do so.

But saying every drunk sexual encounter is rape is imo not accurate.

[Unseen work]

Depends upon whether or not there was unimpaired consent surely?

Exactly.

So it’s not just down to them being drunk?

[LaMotta]

Go back and re-read

"If that was the case then there would be 1000’s of rapes every weekend."

Yes there could be and there are undoubtedly a huge number every week, not just the weekend. Women in the main, and even more amongst men are afraid to report it, are made to feel shamed and don't report it. The victims don't come forward because the justice system does not adequately support them, and dismissive social attitudes which buries heads in the sand rather than face the problem head on compounds the iniquety.

You've clearly misunderstood his post.

[hibbyfraelibby]

Exactly.

So it’s not just down to them being drunk?

...do you want me to add the other factors like intimidation, violence etc

If you are drunk you are not unimpaired however much you might like to posture.

[HUTCHYHIBBY]

Yeah, I think I'll give this thread a miss. Painful reading.

Very much so. 😐

Probably time for a move to the HG, not a football related discussion anymore.

[jacomo]

She wasn't incapable of walking though . She was able to walk on her own. She was clearly very drunk and therewith comes the argument over whether someone is too drunk to give consent. And its not just about that though its about whether the other person has reasonable belief that they are consenting.

She said she couldn't remember anything, she wouldn't normally have slept with 2 people at the same time and therefore she couldn't have consented as its not something she would normally do. Expert medical witnesesses confirmed though that people can give off the impression of consent even if they were drunk and not able to remember things. Drink can make people do things they wouldn't normally do. At the same time she had high levels of alcohol consistent with someone who may not have been capable of giving consent.

I'm not saying Goodwillie is innoncent I'm saying there is a possibility he could have had reason to believe she was consenting ( there is some testimony that states that might have been possible). No-one who wasn't there can know for sure though, which is why criminal proceedings were dropped. The judge ruled that on the face of it Goodwillie probably didnt have reason to believe she consented ( and there is plenty of testimony to suggest that could have been the case). He may very well be right on that - it has to be accepted though he could have been wrong too, even if it's a slim chance.


There really is very little value in being an armchair judge here, it’s not a clever thing to do.

None of us were in the courtroom and privy to all the evidence laid out. Someone who gets drunk and does something stupid does not typically go to the police and then pursue a civil case at huge personal cost.

[Moulin Yarns]

Thread needs closing.

Admins, would you do the honours.

[jacomo]

Of course it could be rape, if she refuses to give consent or is too intoxicated to do so.

But saying every drunk sexual encounter is rape is imo not accurate.


Your contributions to this forum are getting worse and worse.

I’m really not sure what you hope to achieve but I think you should have a little humility and respect for the verdict reached in the civil case.

The people in that courtroom know far more about it than you, me or anyone else on here.

[Unseen work]

...do you want me to add the other factors like intimidation, violence etc

If you are drunk you are not unimpaired however much you might like to posture.

Of course that’s rape? I’ve not once disputed that. All I said was that not every drunk sexual encounter is rape. Any form of violence/intimidation etc is of course rape.

You’re going so far away from my initial points and adding other bits in which completely changes the circumstances in my initial point.

For that reason I’m just going to give this a miss from now on.