re: Allegedly, Madison Brooks had sex the day before incident that caused that caused injuries

quote:

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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

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This particular defendant is charged with 1st and 3rd degree rape. His attorney is arguing the warrant for the defendant's arrest was premised, in part, on the medical examiner's report finding injuries consistent with sexual assault anally. So he is arguing he believes he has information indicating those injuries, which formed the basis of the arrest/charges, were caused consensual sex with someone else...not the defendant. Thus negating the basis for the rape charges.

Again, I'm not saying he is wright or wrong. The jury will decide that. Just reporting what the motion is arguing.