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re: Allegedly, Madison Brooks had sex the day before incident that caused that caused injuries
Posted on 3/12/24 at 2:54 pm to Chad504boy
Posted on 3/12/24 at 2:54 pm to Chad504boy
Because the ride share driver didn't do anything wrong. In fact, if I remember correctly, he stopped and attempted tk render aid and call 911.
He's basically the only good guy in this entire mess.
He's basically the only good guy in this entire mess.
This post was edited on 3/12/24 at 2:55 pm
1
Posted on 3/12/24 at 2:55 pm to Alt26
This is why consent cases are so difficult
Let’s say Brooks doesn’t get hit by the car that night. Instead, she makes it home
The next day, she has no regrets. In fact, let’s pretend she brags about her escapades
Would those on this board still be adamant rape charges should be sought? Because from a legal perspective nothing has changed regarding her alcohol consumption / ability to legally consent
That’s why I don’t pretend these cases are ever easy. When alcohol and sex are mixed the law really hinges on so much that isn’t easily defined
Let’s say Brooks doesn’t get hit by the car that night. Instead, she makes it home
The next day, she has no regrets. In fact, let’s pretend she brags about her escapades
Would those on this board still be adamant rape charges should be sought? Because from a legal perspective nothing has changed regarding her alcohol consumption / ability to legally consent
That’s why I don’t pretend these cases are ever easy. When alcohol and sex are mixed the law really hinges on so much that isn’t easily defined
Posted on 3/12/24 at 2:58 pm to PetroBabich
quote:
The ol paint the victim as a slut defense
Now with minimal painting required
Posted on 3/12/24 at 2:58 pm to SirWinston
quote:
Now with minimal painting required
takes minimal paint to paint the rapers as rapers as well bro.
Posted on 3/12/24 at 3:00 pm to Piebald Panther
quote:
Seems like a dirty defense lawyer dragging a dead victim through the mud
That's exactly what it is.
Posted on 3/12/24 at 3:00 pm to Chad504boy
quote:
takes minimal paint to paint the rapers as rapers as well bro.
Well rape is a crime, so it actually takes a lot of paint to prove beyond a reasonable doubt in a court of law that the rapers were rapists.
Posted on 3/12/24 at 3:01 pm to SHPMustang
quote:
Posters that are members of the Louisiana Bar can better speak to the specifics of third-party practice in Louisiana, but the dad's attorney was just getting ahead of what the defense attorneys would do: claim that the ride-share driver caused/contributed to her death and should be assigned a portion of the liability at trial. This could potentially decrease any judgment obtained if the jury panel apportions a percentage of liability to the ride-share driver, or worst-case scenario, decides that its all the ride-share driver's fault.
By preempting the defense, dad's lawyer can attempt to settle with the ride share's defense counsel/commercial insurance carrier, who would be glad to get a potential catastrophic claim off the books. Upon settling, they can figure out how to dismiss the ride share driver/company in a way that is least beneficial to the other defendants.
Louisiana is a pure-comparative fault state in civil actions. So whether or not the ride-share driver and, vicariously, his "employer" were parties to the lawsuit or not, the jury could be instructed to assign a percentage of fault to any entity/person they find to be at fault...regardless of if they were a party.
Plaintiff's attorney don't really want an "empty chair" a defendant can point to. But more than that, they want a viable source who can actually pay any judgment they might get at trial. 4 young adults probably don't have much in the way of money or assets to satisfy any judgment. The insurer of the ride-share company does (if fault can be proven).
Posted on 3/12/24 at 3:02 pm to Scuttle But
quote:
Because the ride share driver didn't do anything wrong.
aside from hitting a person in the middle of the road? He's an uber driver, you think there wasn't a decent chance he was a bit distracted from looking at his phone?
Posted on 3/12/24 at 3:02 pm to Chad504boy
I don't think she was raped.
Posted on 3/12/24 at 3:02 pm to tgrbaitn08
quote:
So she got raped before she got raped??
You might want to look up what "sexual injuries" are before assuming they always mean rape.
I had sex with my wife yesterday
. It was consensual. I'd bet money she could go get examined and have "sexual injuries". quote:
Articles report a wide range of genital injury detection rates in both sexual assault victims (6%-87%) and consensual sex participants (6%-73%)
Comparison of Injury Patterns in Consensual and Nonconsensual Sex
Posted on 3/12/24 at 3:03 pm to SirWinston
quote:
I don't think she was raped.
she was inarguably raped. She was not in a condition legally able to consent.
Posted on 3/12/24 at 3:04 pm to Alt26
quote:Defending the dad for a frivolous lawsuit that’s obviously frivolous just so he can get the insurance money doesn’t help the dad come across as any better of a person.
Plaintiff's attorney don't really want an "empty chair" a defendant can point to. But more than that, they want a viable source who can actually pay any judgment they might get at trial. 4 young adults probably don't have much in the way of money or assets to satisfy any judgment. The insurer of the ride-share company does (if fault can be proven).
Posted on 3/12/24 at 3:04 pm to Chad504boy
quote:A car is supposed to be in the middle of the road. A person isn’t
aside from hitting a person in the middle of the road?
There is nothing “wrong” legally speaking from hitting someone in the middle of the road unless there are other circumstances like speeding, intoxication, etc
Posted on 3/12/24 at 3:04 pm to TeddyPadillac
So was she raped or not?
And what does her getting ran over by a car have to do whether she was raped the day before or the day after, or not raped at all either day?
And what does her getting ran over by a car have to do whether she was raped the day before or the day after, or not raped at all either day?
Posted on 3/12/24 at 3:04 pm to Chad504boy
quote:Yeh this is a ridiculous statement
she was inarguably raped. She was not in a condition legally able to consent.
Posted on 3/12/24 at 3:05 pm to lsupride87
quote:
There is nothing “wrong” legally speaking from hitting someone in the middle of the road
Posted on 3/12/24 at 3:05 pm to WaterLink
quote:
she was so far gone she couldn't even walk on her own two legs, having sex with her while in such a compromised state,
I’m not defending the boys at all. But I saw her run across the parking lot and even hop a curb pretty dexterously.
Just being honest, this case is very complicated.
This post was edited on 3/12/24 at 3:06 pm
Posted on 3/12/24 at 3:06 pm to Chad504boy
Not sure what’s funny. If I hit someone in the middle of the road and I was following all laws of the roadway I didn’t do anything wrong
Posted on 3/12/24 at 3:06 pm to Chad504boy
quote:Drinking or even being drunk doesn’t mean you absolutely cannot consent. This is a false narrative that’s been spread. It’s less likely for consent to be proven but it’s not absolute.
She was not in a condition legally able to consent.
Posted on 3/12/24 at 3:08 pm to tgrbaitn08
quote:The prosecution is claiming injuries done to her public regions were from the defendants
whether she was raped the day before or the day after, or not raped at all either day?
The defendants lawyer is trying to bring in potential evidence those injuries were sustained elsewhere
This absolutely plays a role
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