Insufficient Evidence to Prove a Negative

by matttbastard

Via Polly Jones, the ultimate judicial Catch-22–drunk teen rape “sex” not a crime: Justice Peter McIntyre claims victim was too drunk to prove she didn’t consent:

Having sex with a drunken 14-year-old he had plied with alcohol was not a criminal offence by former Calgary man, a judge ruled yesterday.

Justice Peter McIntyre said there was insufficient evidence the girl didn’t consent to having sex with Trevor Byron Niebergall.

But McIntyre did find Niebergall guilty of sexual assault for placing his genitals on the girl’s face after she passed out — an act the offender captured on his cellphone camera and showed to co-workers.

McIntyre said the fact the teenage complainant didn’t remember her sexual encounter with Niebergall at a December 2005 New Year’s Eve party did not mean she hadn’t consented.

He noted one witness said she appeared to have the capacity to consent when she and Niebergall went to a washroom in his brother’s apartment, where they had sex. And the Queen’s Bench judge said the girl willingly consumed large amounts of alcohol supplied by Niebergall even after he made lewd sexual comments.

[…]

“The accused’s lewd comments towards her did not compel her to leave,” the judge said. “The complainant was not forced to consume alcohol — she drank … beer willingly and then switched to alcohol. It is not at all clear why she drank so heavily.”

[…]

McIntyre said because the girl drank so heavily and had little recollection of events at the party, he could not accept her claim she didn’t agree to have sex.

“Her evidence was not reliable after she started drinking,” he said

I have much more to say about this at Shakesville.

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Saturday Night Blog Whoring

by matttbastard

Sock it to me one time, brethren–show me what you got. Love for y’all (and respect for teh Shakes).

AngryBlackBitch: Ain’t I a black woman? and This is your brain on privilege…

Birth Pangs: Nicaragua to Decriminalize Gay Sex — WTF?

Marginal Notes: Me, Myself and I

Jack and Jill Politics: Williams: Middle Class Blacks Are A Different Race and
NPR Presents Juan Williams Cherrypicking of Pew Poll Without Counterpoint

Improvisations: When a Woman is Gang Raped in the Happy Kingdom… (h/t brownfemipower)

Questioning Transphobia: Gender Reality Denied by Political Bias

Anti-Choice is Anti-Awesome: A 40th Post Treat

Renegade Evolution: The F Bomb.

Vox ex Machina: Racism and location

misscripchick: faith

Fetch Me My Axe: …and this emphatically does NOT make me giggle.

The Apostate: The Thin Little Brown Girl With Welts On Her Arms

Too Sense: They’re Still Controlling The Discourse

The Galloping Beaver: RCMP Believe Laws Are For Civilians and The RCMP Finally Speak Up

unrepentant old hippie: Tall dark and dead

A Creative Revolution: Control And Compliance: The Next Generation

The Newshoggers: Patriot Act abuse

Designated Protest Zone: Brings New Meaning to the Phrase “Lethal Warning”

Slant Truth: Guest Post from Donna Darko

Leftist Looney Lunchbox: Internalized sexism at least a hundred times more prevalent in women of color than internalized racism

Tiny Cat Pants: In Which I Admit to Giving Up on the Huffington Post

Scruffy Dan: Book publishers sues Staples because they have photocopy machines

Shiraz Socialist: Poseur who could write

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Monday Blogwhoring

by matttbastard

Love endures forever, like a candy apple grey cockroach waiting for the end of a nuclear winter.

(Bow down to the Queen Cunt of Fuck Mountain, brethren.)

Baghdad Burning: Bloggers Without Borders… (h/t Michael van der Galiën)

Shiraz Socialist: Biji Kurdistan

All About Race: Faith in Color: Kneejerk Interpretations

Zuky: Guest Post — M’s Roundup on Health, Law, Cosby (goddamn, but nobody link farms like TBFKAS)

My Private Casbah: Jugend Dient Dem Führers (of the USA government) and More on Martin Lee Anderson: The Disability Aspect

Idealistic Pragmatist: What makes for an effective opposition in a minority parliament?

Birth Pangs: Misogyny and State Murder

The Fifth Column: Why We Need FPTP

They Call Me “Mister Sinister”: Harper’s Little Buddy

Politique Vert: How The NDP Can Win The Next Election and Harper and Layton: Too Close For Comfort

Shakesville: Huckabee is a Disingenuous Coward (preach!)

Abandoned Stuff: Killing us Softly 3

misscripchick’s weblog: this makes me tired

Marginal Notes: 2010: The Year of the Sex Olympics

Comment is free: Blowing the whistle on the Iraq war

The Belgravia Dispatch: “Serious Consequences”

Too Sense: Giuliani Campaign Staffer A Big Fan Of The “N-Word”

the field negro: Nas And the “N” word (h/t dNA)

a k8, a cat, a mission: All new LOLsomething: the LOLfetus (h/t Lilith Attack)

Blue Gal: It’s a woman/man thing. We wouldn’t understand

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