1. Be cool and Register to set your username and display picture get the full features of the site. Talk Bulldogs NRL News, match reviews, live score, ladder, injuries, player signings and team performance.

News Jarryd Hayne accused of rape

Discussion in 'Rugby League General' started by CaptainJackson, Dec 20, 2017.

  1. CroydonDog

    CroydonDog Immortal Gilded

    Joined:
    Aug 1, 2012
    Messages:
    10,348
    Likes Received:
    2,901
    And it throws into doubt her ability to consent.

    Civil cases are lodged by one party against another, and are decided on the balance of probabilities - so it will literally be her word against his.
     
    • Like Like x 1
  2. GrogDog

    GrogDog bad attitude

    Joined:
    Jun 28, 2009
    Messages:
    5,420
    Likes Received:
    2,832
    And I guess her argument would be that, "I was a virgin and didn't want to lose it in that manner"? Her level of intoxication I think will sink her. Doesn't the USA legal system hold a stronger value of "Innocent until proven guilty" than we do in Aus. I mean usually anything a female says against a male in Aus is taken as gospel and more a case of prove your innocence?
     
  3. chisdog

    chisdog Kennel Enthusiast

    Joined:
    Jun 25, 2010
    Messages:
    2,514
    Likes Received:
    1,183
    With regard to consent, what if both parties were blotto & she did him whilst he was unconscious? Both parties memories would be unreliable evidence wouldn't they?
     
  4. CroydonDog

    CroydonDog Immortal Gilded

    Joined:
    Aug 1, 2012
    Messages:
    10,348
    Likes Received:
    2,901
    A lot will depend on witness accounts. If she is dead set paralytic, there is no way she can provide consent, and it is more of a case of sinking him, not her.
     
    • Like Like x 1
  5. CroydonDog

    CroydonDog Immortal Gilded

    Joined:
    Aug 1, 2012
    Messages:
    10,348
    Likes Received:
    2,901
    Quite possibly, yes.

    I doubt a man could get hard enough for intercourse whilst that drunk, but there are other forms of sexual assault...
     
  6. CroydonDog

    CroydonDog Immortal Gilded

    Joined:
    Aug 1, 2012
    Messages:
    10,348
    Likes Received:
    2,901
    Sitting here on the couch watching story on the news, I am thinking the most difficult thing for the woman's case is geography.

    If Hayne had a judgement against him, on the basis he just refused to return to the US and habing no US based assets, she would then have to apply to the Australian Courts to recognise the judgement. It will all get very expensive. Good for the lawyers...
     
  7. Mr Invisible

    Mr Invisible Super Mod Staff Member Premium Member Gilded

    Joined:
    Apr 26, 2008
    Messages:
    43,500
    Likes Received:
    8,411
    Apparently the Hayne Plane is struggling at training.
     
  8. KLil

    KLil Kennel Addict

    Joined:
    Aug 5, 2011
    Messages:
    3,804
    Likes Received:
    1,732
    Apparentely the guy isnt going to aim up until the finals the way he looked.. thats if he doesnt get injured.
     
  9. GrogDog

    GrogDog bad attitude

    Joined:
    Jun 28, 2009
    Messages:
    5,420
    Likes Received:
    2,832
    Interesting point, what if he says he was drunk too and can't remember??
     
  10. Mr Invisible

    Mr Invisible Super Mod Staff Member Premium Member Gilded

    Joined:
    Apr 26, 2008
    Messages:
    43,500
    Likes Received:
    8,411
    Well he's lawyered up. Wouldn't be doing that unless there is something to defend, or somethings gone on.

    You'd think on substance alone if the judge refused to hear it on lack of evidence that'd be end of any civil case against him.
     
  11. GrogDog

    GrogDog bad attitude

    Joined:
    Jun 28, 2009
    Messages:
    5,420
    Likes Received:
    2,832
    Or he doesn't trust the legal system?
     
  12. CroydonDog

    CroydonDog Immortal Gilded

    Joined:
    Aug 1, 2012
    Messages:
    10,348
    Likes Received:
    2,901
    Even if there was no case whatsoever to answer for, he would be foolish not to lawyer up.
     
  13. Como Dog

    Como Dog Forum Regular

    Joined:
    Apr 21, 2017
    Messages:
    641
    Likes Received:
    373
    He'd be silly not too. Being a civil case and based on previous developments it seems to be a pure cash grab and not much else - $$$$
     
  14. DoggiesBoy

    DoggiesBoy Kennel Addict Gilded

    Joined:
    Sep 7, 2015
    Messages:
    3,212
    Likes Received:
    1,671
    Since when does getting a lawyer determine that you are innocent lol
     
    • Best Post Best Post x 1
  15. belmore_utd

    belmore_utd Pro Golf Hack

    Joined:
    Feb 10, 2008
    Messages:
    2,164
    Likes Received:
    862
    myth busted
     
  16. Trafford10

    Trafford10 Kennel Enthusiast Gilded

    Joined:
    Jun 26, 2015
    Messages:
    2,514
    Likes Received:
    1,624
    In civil proceeding there is no guilt or innocence and therefore no presumption of innocence.
    She has to make the case for damages under the five counts.
     
    Last edited: Jan 4, 2018
  17. Trafford10

    Trafford10 Kennel Enthusiast Gilded

    Joined:
    Jun 26, 2015
    Messages:
    2,514
    Likes Received:
    1,624
    Correct the California court is not covered by the Foreign Judgements Act. So any Damages awarded in California would have to be taken to an Australian jurisdiction.

    I think his lawyers will surely try for a settlement. They will not want this to go to a California Jury.
     
    • Like Like x 1
  18. CroydonDog

    CroydonDog Immortal Gilded

    Joined:
    Aug 1, 2012
    Messages:
    10,348
    Likes Received:
    2,901
    Or challenge accepted? :)
     
    • Funny Funny x 1
  19. Gareth

    Gareth Heavy Metal Mod Staff Member Gilded

    Joined:
    Dec 15, 2011
    Messages:
    7,008
    Likes Received:
    1,283
    This is exactly what I said, but I guess lawyers have a way of dragging shit out endlessly. According to the husband of the lady suing, they are gathering all this evidence by visiting doctors and documenting stuff (some of it not even true, like heavily embellished) simply to force a settlement at some stage. It all seems like a game lawyers play to get their fees. Like they are suing for like half a million dollars, this kid is like 19 years old. The husband hates the whole thing and just wants to leave it and I'll bet that is how a lot of pricks in this situation just get off scot free.


    Can't you argue though that if you are blind you cannot possibly give consent therefore it doesn't matter what you can remember?
     
  20. belmore_utd

    belmore_utd Pro Golf Hack

    Joined:
    Feb 10, 2008
    Messages:
    2,164
    Likes Received:
    862
    Haha wouldve accepted the challenge had I known about it. Instead I was informed by freinds that my chick flatmate was riding my dick while my bedroom curtains were open giving full view to anyone who happended to walk through the communal swimming pool area. Was apparently and surprisingly quite a few people given it was post midnight on a Wednesday lol
     
    • Funny Funny x 1

Share This Page