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re: Deputies arrest 4 in LSU student Madison Brooks case

Posted on 2/10/23 at 11:20 am to
Posted by Big Gorilla
Bossier City
Member since Oct 2020
6289 posts
Posted on 2/10/23 at 11:20 am to
quote:

If she was injured in an intimate act, then the defense is more or less sunk. No one lucidly consents to being physically hurt during sex, much less twice.


How do you prove that? Again, it's a tough hill to climb because the only witness is gone.

I truly hate it, but I think these asshats are going to go free. You are innocent until proven guilty and there is no proof (that I have read) that they raped her. I believe they did, but that isnt enough in court.
Posted by ThuperThumpin
Member since Dec 2013
9455 posts
Posted on 2/10/23 at 11:21 am to
quote:

don’t think there is or could be any physical evidence of this. It would have to come from a witness.


Possibly a video?
Posted by Big Gorilla
Bossier City
Member since Oct 2020
6289 posts
Posted on 2/10/23 at 11:24 am to
quote:

Or is their a certain BAC you find acceptable? See where I'm going?


I understand completely. I have seen many people hammered at .10 and some people appearing sober after a case of beer (that's a at least .16). But this tiny girl was .3 or worse...call it .25 to be safe. At 120 lbs that is basically passed out. You can't prove it in court but my goodness those animals raped that poor girl.
Posted by ThuperThumpin
Member since Dec 2013
9455 posts
Posted on 2/10/23 at 11:26 am to
quote:

she was injured in an intimate act, then the defense is more or less sunk


Consensual sex can result in injury if drugs or alcohol numb the immediate discomfort. The extent of the injuries will of course be a determining factor. Also were both men alleged to have had anal sex with her?
This post was edited on 2/10/23 at 11:27 am
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 2/10/23 at 11:42 am to
quote:

Possibly a video?


I’m in the small minority here who doubts any of the acts were recorded.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 2/10/23 at 11:43 am to
quote:

Consensual sex can result in injury if drugs or alcohol numb the immediate discomfort.


I think that proves the prosecution’s point more than that of the defense.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 2/10/23 at 11:44 am to
quote:

How do you prove that? Again, it's a tough hill to climb because the only witness is gone.


You prove it with medical evidence of her injuries.


quote:

I truly hate it, but I think these asshats are going to go free.


I doubt it based on what we know.
Posted by ThuperThumpin
Member since Dec 2013
9455 posts
Posted on 2/10/23 at 11:50 am to
quote:

120 lbs that is basically passed out.


Well we know she was not passed out when she was killed. We don't know her state when the alleged rape took place. Im not cheerleading for the these guys. Just discussing what we know so far and what are the possibilities that they are not ALL guilty of the of the charges. I've been both the victim and a person of interest in crimes
Posted by ThuperThumpin
Member since Dec 2013
9455 posts
Posted on 2/10/23 at 11:53 am to
quote:

think that proves the prosecution’s point more than that of the defense.


Yea I see your point. It would be a difficult needle to thread for the defense.
Posted by Big Gorilla
Bossier City
Member since Oct 2020
6289 posts
Posted on 2/10/23 at 11:57 am to
quote:

You prove it with medical evidence of her injuries.


I guess I haven't followed the case that closely. I have just read she had sexual scarring and her BAC was .3. That alone is not enough to send those animals to jail.

Sexual scarring can happen during consensual sex. The BAC is a very debatable topic that without a witness might get tossed (seen it in DUI cases).

This is a very complicated case, but breaks my heart cause she was left alone with 4 animals.
Posted by ThuperThumpin
Member since Dec 2013
9455 posts
Posted on 2/10/23 at 12:20 pm to
quote:

I have just read she had sexual scarring


Where did you read that info? I believe the affidavit said injuries consistent with previous anal sexual assault. I questioned the term previous and it was the boards opinion that meant previous to her being killed not as in days or weeks before....and that made sense but what you are stating has me curious.
This post was edited on 2/10/23 at 12:22 pm
Posted by Big Gorilla
Bossier City
Member since Oct 2020
6289 posts
Posted on 2/10/23 at 12:22 pm to
quote:

injuries consistent with previous anal sexual assault.


Thats what I meant.
Posted by clip11
Member since Feb 2023
205 posts
Posted on 2/10/23 at 12:35 pm to
quote:

Sexual scarring can happen during consensual sex


I was listening to a podcast and they interviewed someone who's an expert in that field and he said that they can tell the difference between rough consensual sex and sexual assault based on several factors.
Posted by Big Gorilla
Bossier City
Member since Oct 2020
6289 posts
Posted on 2/10/23 at 12:38 pm to
quote:

can tell the difference between rough consensual sex and sexual assault based on several factors.


That seems VERY subjective. How do you determine that for a jury?

Maybe I have watched too many documentaries, but I don't trust "experts" anymore.
Posted by Big Gorilla
Bossier City
Member since Oct 2020
6289 posts
Posted on 2/10/23 at 12:40 pm to
quote:

I’m in the small minority here who doubts any of the acts were recorded.


I am in agreement with you. If they recorded it, it was consensual. Why would you record a felony rape?
Posted by ThuperThumpin
Member since Dec 2013
9455 posts
Posted on 2/10/23 at 12:42 pm to
quote:

Why would you record a felony rape?


Sickos do it but they couldve also been too stupid to understand the situation at hand.
Posted by jdd48
Baton Rouge
Member since Jan 2012
23931 posts
Posted on 2/10/23 at 12:46 pm to
quote:

I am in agreement with you. If they recorded it, it was consensual. Why would you record a felony rape?


Stupidity. Thinking that an alleged "yes" after being asked a 5th time counts as consent and there was nothing wrong with what they were doing, etc.
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 2/10/23 at 12:47 pm to
17 and 18 year olds and 'she said 'yes' five times'...

They recorded it to:
1. Brag to friends;
2. Teens video everything.
3. To share online;
4. Beat off material for later.

They recorded it because they never thought they'd be charged with any crime. When they went for the police interview they didn't think they were being charged with a crime - until the police asked for DNA samples.

They deleted it to hide evidence of their crime.

They selectively edited the other video - or their lawyers did - to try to argue consent at the bond hearing.

I'd say 95% chance there's video - in some fashion by one of the four there - of both rapes.

Also, seems like a bit of 'concern trolling' going on - "I'm worried they won't be convicted because..."

Look at everything in the affidavit they already admitted. That's already enough for a conviction.

Posted by jdd48
Baton Rouge
Member since Jan 2012
23931 posts
Posted on 2/10/23 at 12:50 pm to
quote:

Look at everything in the affidavit they already admitted. That's already enough for a conviction.



Not necessarily. An affidavit is always skewed heavily against the accused. Anything can happen when the case gets in front of a jury. Just look at the ongoing debate of whether or not consent was truly provided in this thread alone. I am sure other evidence exists as well that's not been publicly disclosed yet on both sides that will only come to light if this makes it to trial.

This post was edited on 2/10/23 at 12:53 pm
Posted by ThuperThumpin
Member since Dec 2013
9455 posts
Posted on 2/10/23 at 12:55 pm to
quote:

she said 'yes' five times'...


She did, where did you see that?


quote:

Look at everything in the affidavit they already admitted


Who admitted what and enough for who to be convicted of the charges?
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