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re: Deputies arrest 4 in LSU student Madison Brooks case

Posted on 1/26/23 at 10:25 pm to
Posted by Ancient Astronaut
Member since May 2015
37360 posts
Posted on 1/26/23 at 10:25 pm to
I hope they all get arse raped on death row
Posted by lsupride87
Member since Dec 2007
111736 posts
Posted on 1/26/23 at 10:26 pm to
quote:

And the video that the judge saw
Also provided by the criminals brain trust

Without the criminals being complete idiots, you would know

She was drunk
They had sex
She followed them

That isn’t really a smoking gun at all. Their comments are the smoking gun. That’s my point. Without it this is a lot muddier
Posted by lsupride87
Member since Dec 2007
111736 posts
Posted on 1/26/23 at 10:28 pm to
quote:

How is that relevant? You can’t claim you were drunk and that’s why you raped someone
Umm, if two parties are both drunk, who “raped”who?

It’s extrmely relevant in previous rape cases and it would have been in this one too without their comments

quote:

Under the law, if a person's ability to resist or consent to sexual acts is substantially impaired because of a mental or physical condition, and the other person is aware that this impairment affects their ability to resist or consent, then they can be charged for rape if they commit sex acts with the impaired party.

While this law covers individuals who know of the other person’s incapacitation but still commit sexual acts, it does not clearly address situations that involve two drunk parties who engage in sex acts. When it comes to rape cases that involve two drunk parties, it can be very difficult to determine whether both consented to the alleged sex acts. To make a ruling, the court will have to look at the specific details of the case to determine the level of consent each party was capable of while they were under the influence of alcohol.
This post was edited on 1/26/23 at 10:31 pm
Posted by X123F45
Member since Apr 2015
29887 posts
Posted on 1/26/23 at 10:28 pm to
quote:

But that doesn’t at all. Because what was their BAC?


Doesn't matter. The double standard exists. And I believe it should.
Posted by lsupride87
Member since Dec 2007
111736 posts
Posted on 1/26/23 at 10:28 pm to
quote:

The double standard exists.
According to the law it doesn’t
Posted by X123F45
Member since Apr 2015
29887 posts
Posted on 1/26/23 at 10:29 pm to
According to the way the law is enforced and prosecuted it does.
Posted by Thundercracker
Westsylvania
Member since Nov 2022
276 posts
Posted on 1/26/23 at 10:31 pm to
quote:

Yes. Those guys were just out to get an easy peice of arse. They figured she was drunk, she probably would not know....maybe feel it in the morning but they would be long gone and back in Denham. They threw her out the car on the side of the road because after they got their rocks off....ditch her. Didn't count on her wandering out into the road.


I agree with you 100% -- but that's all hypothetical and will be very difficult to prove in court. Again, their statements about how drunk she was will be null and void because of their age -- their attorney will be quick to point out that they're in no position to determine how intoxicated a person is. Video shows that she was able to cross the street without signs of impairment in pursuit of them and willingly went with them. They didn't lure her or drag her from the bar to their vehicle. Hate to say it but it's not going to be easy to get a conviction.
This post was edited on 1/26/23 at 10:40 pm
Posted by LSUFAITHFUL
Member since Oct 2007
1089 posts
Posted on 1/26/23 at 10:31 pm to
quote:

How is that relevant? You can’t claim you were drunk and that’s why you raped someone


It truly baffles me how many people keep asking that question.

The criminal’s sobriety is not a factor. Only the victims.

Posted by lsupride87
Member since Dec 2007
111736 posts
Posted on 1/26/23 at 10:32 pm to
quote:

The criminal’s sobriety is not a factor.
This simply is incorrect

quote:

Under the law, if a person's ability to resist or consent to sexual acts is substantially impaired because of a mental or physical condition, and the other person is aware that this impairment affects their ability to resist or consent, then they can be charged for rape if they commit sex acts with the impaired party.


Make it two gay guys to be simpler for y’all

Two gay men are hammered drunk and have sex. Both claim they don’t remember consent. Who raped who?
This post was edited on 1/26/23 at 10:35 pm
Posted by Rick9Plus
Baton Rouge
Member since Jul 2020
2506 posts
Posted on 1/26/23 at 10:34 pm to
quote:

Umm, if two parties are both drunk, who “raped”who?


It’s biology. One party (two in this case) had to actively do something. The other party could have been completely unconscious to “participate.” Didn’t Ted Bundy have sex with some of his victims after he had already killed them? There is a reason some double standards exist.
Posted by lsupride87
Member since Dec 2007
111736 posts
Posted on 1/26/23 at 10:35 pm to
quote:

It’s biology.
A man can be shithouse drunk and still get an erection
Posted by Rick9Plus
Baton Rouge
Member since Jul 2020
2506 posts
Posted on 1/26/23 at 10:36 pm to
quote:

Two gay men are hammered drunk and have sex. Both claim they don’t remember consent. Who raped who?


If anyone raped anyone, i’m gonna say the “pitcher?”
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 1/26/23 at 10:42 pm to
quote:

Make it two gay guys to be simpler for y’all Two gay men are hammered drunk and have sex. Both claim they don’t remember consent. Who raped who?


Why are you arguing about hypothetical situations where we would have less evidence than we do?

No one cares. Why is this important?
Posted by lsupride87
Member since Dec 2007
111736 posts
Posted on 1/26/23 at 10:43 pm to
It just shows how fortunate law enforcement is that they talked. Without them talking this case would be extremely difficult. It still isn’t going to be easy as is

But I’m glad you walked back your “it doesn’t matter if they were drunk” argument
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/26/23 at 10:43 pm to
I agree.

Difficult to get a conviction in EBR. If this were different racially = different case.

Just about all of the blacks on the local news threads - and these are folks willing to give out their names and identities to make these comments - blame the victim here.

Given the demographics of EBR it'd be a race game trump card screw the man race pimp defense attorney who could easily manipulate the emotions of the jury to get the "W."

Computer forensics is likely to turn up the actual rape video as well. Family will be pressed to allow the perps to plea to some lesser charge. Simple rape and be in the sex registry ten years.

I'd want a black female prosecutor appointed on it since that's the juror least likely to vote to convict.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 1/26/23 at 10:46 pm to
quote:

It just shows how fortunate law enforcement is that they talked. Without them talking this case would be extremely difficult. It still isn’t going to be easy as is


I just offered an explanation. They were very worried about being charged with her death. Especially the driver. He probably thought he could be responsible for her death.

quote:

But I’m glad you walked back your “it doesn’t matter if they were drunk” argument


That’s why you won’t shut up about a hypothetical situation. You just want to win an argument. No one cares about what would happen if they didn’t talk. And you have no proof what the verdict would be in that hypothetical situation.
This post was edited on 1/26/23 at 10:47 pm
Posted by LSUFAITHFUL
Member since Oct 2007
1089 posts
Posted on 1/26/23 at 10:47 pm to
quote:

§43. Third degree rape A. Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances: (1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.


What you quote isn’t accurate. Above is the actual law.

LINK

It’s whether they knew or should have known. So if they had actual or constructive knowledge. Constructive knowledge is presumed knowledge. Meaning you would have known if you had been sober or more diligent, etc.
Posted by lsupride87
Member since Dec 2007
111736 posts
Posted on 1/26/23 at 10:49 pm to
quote:

It’s whether they knew or should have known. So if they had actual or constructive knowledge. Constructive knowledge is presumed knowledge. Meaning you would have known if you had been sober or more diligent, etc.
But she would also, in theory, be having sex with someone that was drunk. It goes both ways.

There is nothing easy or straightforward about rape cases when both parties are drunk.
This post was edited on 1/26/23 at 10:50 pm
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 1/26/23 at 10:51 pm to
quote:

But she would also, in theory, be having sex with someone that was drunk. It goes both ways.


Yea totally

She forced 4 highschool athletes into their own car and raped two of them, one of whom just happened to be charged with rape twice previously. before running away.

Plausible story

ETA: I forgot the part where she forced them to get hard enough to penetrate her a-hole. Sorry
This post was edited on 1/26/23 at 10:54 pm
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/26/23 at 10:52 pm to
quote:


It’s whether they knew or should have known. So if they had actual or constructive knowledge. Constructive knowledge is presumed knowledge. Meaning you would have known if you had been sober or more diligent, etc.




Right. Means a 'reasonable person' would have known. That way you can't dance around what you actual knew (which we'll never know).

The arrest warrant had key questions and comments where the four knew she was drunk and not capable of legal consent.

Then they handed over the video showing Madison slurring her words and clearly 'drunk drunk.'

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