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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 3:09 pm to
Posted by TeddyPadillac
Member since Dec 2010
25812 posts
Posted on 3/12/24 at 3:09 pm to
quote:

So was she raped or not?



I'm just letting you know that "sexual injuries" doesn't 100% mean rape, which is what you insinuated.


quote:

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?


It doesn't. Who said it did? What's your point?
Posted by medium rare
Member since Feb 2024
262 posts
Posted on 3/12/24 at 3:10 pm to
Right, what if the guys were drunk, could they consent?
Posted by Chad504boy
4 posts
Member since Feb 2005
166508 posts
Posted on 3/12/24 at 3:11 pm to
Inarguable Rape

quote:

Mr Carver told police that Brooks was “very unstable on her feet, was not able to keep her balance, and was unable to speak clearly without slurring her words.”

Despite her state of intoxication, two of the suspects proceeded to have intercourse with her inside the car, Mr Carver told police. He later said that he “felt uncomfortable and hated it.”

When asked by investigators if he believed Brooks was too impaired to consent, Mr Carver reportedly said, “I guess.”


So tired of the rape apologist on this board. It's been embarrassing from the get go.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27733 posts
Posted on 3/12/24 at 3:11 pm to
Criminal defense can be extremely taxing. A lot of times you have to divorce your overall feelings about your client, if you cannot, get out of the business.In a case like this,I don't know that I would take it . I would rather a murder case. Cases involving sex can make it hard to sleep at night.
Posted by Chad504boy
4 posts
Member since Feb 2005
166508 posts
Posted on 3/12/24 at 3:12 pm to
quote:

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


go try it. see how it works out for you.
Posted by lsupride87
Member since Dec 2007
95938 posts
Posted on 3/12/24 at 3:13 pm to
quote:

go try it. see how it works out for you.
Are you really so dense that you think every pedestrian that gets hit on roadways the driver is at fault/ legally is in trouble?
Posted by Chad504boy
4 posts
Member since Feb 2005
166508 posts
Posted on 3/12/24 at 3:15 pm to
quote:

Are you really so dense that you think every pedestrian that gets hit on roadways the driver is at fault/ legally is in trouble?




Civil Liability is a huge issue. Go try it.

But yes cop, i saw the kid ride his bicycle into the street. I checked my speed and stayed in my lane and ran that kid over. This is literally your argument.
This post was edited on 3/12/24 at 3:16 pm
Posted by Scuttle But
Member since Nov 2023
1301 posts
Posted on 3/12/24 at 3:15 pm to
quote:

Inarguable Rape



quote:

When asked by investigators if he believed Brooks was too impaired to consent, Mr Carver reportedly said, “I guess.”



You're right, completely inarguable.
Posted by lsupride87
Member since Dec 2007
95938 posts
Posted on 3/12/24 at 3:16 pm to
quote:

But yes cop, i saw the kid ride his bicycle into the street. I checked my speed and stayed in my line and ran that kid over. This is literally your argument.
No, that would be intentionally hitting someone

“Officer, I was not speeding and someone tan into the roadway. I tried to stop but couldn’t”

Driver is not at fault pending actual speed/potential intoxication
This post was edited on 3/12/24 at 3:17 pm
Posted by Chad504boy
4 posts
Member since Feb 2005
166508 posts
Posted on 3/12/24 at 3:16 pm to
quote:


You're right, completely inarguable.


yep.


unless you have a huge rape apologist slut shaming agenda going on.
Posted by Grigio
Member since May 2023
589 posts
Posted on 3/12/24 at 3:16 pm to
This post was edited on 4/5/24 at 2:31 pm
Posted by Alt26
Member since Mar 2010
28495 posts
Posted on 3/12/24 at 3:16 pm to
quote:

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


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.
Posted by Adam Banks
District 5
Member since Sep 2009
32023 posts
Posted on 3/12/24 at 3:17 pm to

quote:

Instead they doubled down and charged him with video voyeurism months after, eliminating any latitude they had relating to his alleged criminal conduct.



So if there is video of her having sex with them (the charge of voyeurism says that) and also shown to be massively inebriated then how could she consent?
This post was edited on 3/12/24 at 3:18 pm
Posted by ell_13
Member since Apr 2013
85167 posts
Posted on 3/12/24 at 3:17 pm to
quote:

Inarguable
You obviously don’t know what this word means.
Posted by lsupride87
Member since Dec 2007
95938 posts
Posted on 3/12/24 at 3:18 pm to
quote:

also shown to be massively inebriated
I mean that is kinda leading the horse to water there

That is going to be the entire hinge point of the case IMHO

Does the video show her completely out of it? Or does it show a girl consciously there and enjoying it? Does it show a girl in fear? Etc
This post was edited on 3/12/24 at 3:20 pm
Posted by ell_13
Member since Apr 2013
85167 posts
Posted on 3/12/24 at 3:18 pm to
Because the video could show her enjoying it.
Posted by TeddyPadillac
Member since Dec 2010
25812 posts
Posted on 3/12/24 at 3:20 pm to
quote:

Mr Carver told police that Brooks was “very unstable on her feet, was not able to keep her balance, and was unable to speak clearly without slurring her words.”

Despite her state of intoxication, two of the suspects proceeded to have intercourse with her inside the car, Mr Carver told police. He later said that he “felt uncomfortable and hated it.”

When asked by investigators if he believed Brooks was too impaired to consent, Mr Carver reportedly said, “I guess.”


Again i'm not defending them at all, but you can't pick and choose when you want to believe someone. That kid was scared shitless at that time and saying whatever he thought would get him out of the crosshairs. and again, i don't say that to defend him b/c he's still a POS.

This day in age i could care less what "witnesses" say. They are never credible, and we should never prosecute someone just based on what someone says. And i'll repeat the "JUST" part as being the important word in what i said.
Remember the Joe McKnight witnesses that said Gasser got out his car after he shot McKnight, stood over him, and shot him again several times? Some witnesses said they heard McKnight hollering expletives, some said he didn't.
Too many lying scumbags.

the one fortunate thing about this case is there is apparently a good bit of video evidence.
Posted by Chad504boy
4 posts
Member since Feb 2005
166508 posts
Posted on 3/12/24 at 3:21 pm to
quote:

You obviously don’t know what this word means.

quote:

The judge concluded that – based on the two videos and statements made by Mr Carver to investigators – he said it was clear that a crime had occurred that fateful night.
Posted by Adam Banks
District 5
Member since Sep 2009
32023 posts
Posted on 3/12/24 at 3:21 pm to
quote:

Because the video could show her enjoying it.



Why does her mood while completely intoxicated matter?


The issue is was she of sound mind or body.


People can be happily demented.

Posted by Tvilletiger
PVB
Member since Oct 2015
5040 posts
Posted on 3/12/24 at 3:22 pm to
Does not matter if she was shite faced.
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