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S/O Teaching men not to rape: Steubenville Defense: No “No” Means “Yes”

Posted by on Mar. 14, 2013 at 3:12 AM
  • 119 Replies


As a trial nears in the Steubenville rape case, defense attorneys are telegraphing their strategy to earn an acquittal. Sure, they say, the victim in the case was allegedly incoherent, possibly drugged, and at times completely unconscious. But she never said no.

Defense attorneys said that the 16-year-old girl, who was allegedly repeatedly raped by Trent Mays and Ma’lik Richmond in a series of different locations over the course of an evening in August of 2012, essentially made her decision to consent to sex when she went off drunk with Mays and Richmond.

“Defense attorneys believe the girl, who lived across the river in Weirton, W.Va., made a decision to excessively drink and — against her friends’ wishes — to leave with the boys,” reported the Cleveland Plain Dealer.“They assert that she consented to sex.”

Walter Madison, the defense attorney representing Richmond, has said that there is “an abundance of evidence here that she was making decisions, cognitive choices.” He adds, “She didn’t affirmatively say no.”

To be blunt, this is a paleolithic understanding of consent. Witnesses have said that they “couldn’t make out the words that she was saying,” that she was “not quite passed out but she was not OK,” and that she “wasn’t there to say yes or no.” One student caught on a viral video described the girl as “dead” and “so raped.”

Most decent human beings would see that as clear-cut evidence that the girl was simply not in any condition to consent or not — and Ohio law is very clear that someone has been raped if they are unable to consent due to impairment from controlled substances.

It is easy, with all the internet buzz surrounding the Steubenville case, to look askance on Steubenville itself. That would be unfortunate, because in truth, Steubenville is notable not because it is unique, but because it is so typical. Now another far-too-familiar milestone has been hit in this case: the point at which defense attorneys start claiming that the victim was asking for it, because she dared to get drunk and hang out with boys. What did she think would happen? Clearly, she was okay with being paraded around like a sex toy while football players fondled her in public.

If this latest horror does any good, perhaps it will remind people that “no means no” only goes so far. If your partner has not explicitly said no, that does not mean that they are not objecting, and therefore, that they’re okay with things. Unless your partner has said yes — clearly and with a reasonably clear head — then the no must be assumed.

As for this case, it seems unlikely that this line of defense will lead to much success; a clear reading of Ohio statutes and the overwhelming video evidence makes it all-but-certain that Mays and Richmond will be ultimately convicted. Still, on the way to trial, defense attorneys are managing to shame and malign the victim one last time, to repeat once more the lie that when a woman dares to drink and hang out with men, she has consented to whatever those men wish to do to her. It is a vicious slander, and it is a re-victimization of the victim. I hope she understands that decent people know she isn’t at fault. She is a victim, and she deserves no blame.

 

Read more: http://www.care2.com/causes/steubenville-defense-no-no-means-yes.html#ixzz2NUnSgObZ


by on Mar. 14, 2013 at 3:12 AM
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Replies (1-10):
Goodwoman614
by Satan on Mar. 14, 2013 at 3:15 AM
1 mom liked this

As for this case, it seems unlikely that this line of defense will lead to much success; a clear reading of Ohio statutes and the overwhelming video evidence makes it all-but-certain that Mays and Richmond will be ultimately convicted. 

Sure hope they are.

AdrianneHill
by Platinum Member on Mar. 14, 2013 at 3:28 AM
1 mom liked this
I hope unhappy things happen to them in jail
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SuperChicken
by on Mar. 14, 2013 at 8:21 AM
3 moms liked this

People were referring to her as "dead girl" and these lawyers want to claim she was coherent enough to protest?  

WesternNYmom
by Silver Member on Mar. 14, 2013 at 8:27 AM

That defense attorney makes me sick. To suggest that that girl wanted it, because she willingly got drunk is disgusting. 

NewMom11222011
by Bronze Member on Mar. 14, 2013 at 8:30 AM
2 moms liked this

I am appalled that this is being used as a defense, but not really surprised.  What kind of legitimate defense CAN be offered for this case?  I can't think of one.

Mama2Spencerninja

Kaylawv2
by Member on Mar. 14, 2013 at 8:35 AM
They are grasping at straws. They know they don't have a chance in hell.
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mehamil1
by Platinum Member on Mar. 14, 2013 at 8:42 AM
7 moms liked this

I am going to hammer into my son, don't screw a girl who is drunk/high. Just don't do it. 

These boys are like millions of other boys in this nation.

pansyprincess
by Silver Member on Mar. 14, 2013 at 8:59 AM

This whole thing must makes me sick. 

jllcali
by Jane on Mar. 14, 2013 at 9:09 AM
2 moms liked this
If they had killed her, would that mean it was okay because she didn't say no?



These defense attorneys are fucking disgusting, maybe even worse than the rapists. They are young and maybe didn't think too much beyond their own dicks when they raped this girl. But the defense attorney is likely older and supposed to be reasoned and intelligent, and is voluntarily perpetuating the hostile attitude towards women that condones violating women.

ETA That the rapists are young does not mean it is less of a rape, I just find it appalling that a older and educated person would even think of this defense. It lends an air of legitimacy to the rapists' excuses.
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Donna6503
by Platinum Member on Mar. 14, 2013 at 9:20 AM
I wonder (in the truest sense) can a boy, man claim they are unable to rape because they were so drunk; they weren't cognitive of their action?


Quoting mehamil1:

I am going to hammer into my son, don't screw a girl who is drunk/high. Just don't do it. 

These boys are like millions of other boys in this nation.


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