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 mazankowski
Messages: 27
Registered: June 2006
Location: Kelowna BC
No Cups
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As we understand the facts, it is clear that the 5 members had sexual intercourse with the complainant. One of the members had consensual sex with her first. But consent will be the main issue here for both the Crown and the Defendants.
Firstly, the evidence will support that she had alcohol that evening but it is unclear whether she lacked the capacity to form any consent. By the agreed statement of fact (as we understand) she did consent to sex with the first member at that time of arriving at the hotel. So when does that intoxication get to a point where she no longer has the capacity to consent? So I see a real uphill battle for the Crown in establishing that she was intoxicated and therefore lacked the capacity to consent to the sexual acts.
Further, we know that two separate videos have been disclosed. They both show the complainant in the hotel room, advising that she consented to the acts. However, we don't know the circumstances under which those videos were taken. Was she under duress? Was she scared and saying anything to get out of there? Or was she being truthful? Had her understanding of what happened changed the following day when she told her friend about what happened (who reported it to the LPD)? If it's the latter, you can't simply consent after the fact or withdraw that consent later when you realize that you didn't say no at the time.
Again, this case will inevitably come down to consent and it's unfortunate that accused individuals get away on that very thin margin but at the same time, I think it has also assisted individuals who are truly innocent with getting acquitted.
It's a sad situation and I truly hope justice is served one way or another. But in my opinion, I think the Crown has an uphill battle here given the facts we currently know and I feel for the complainant as she's going to villainized by the Defence and the public who simply is blinded by these guys being pro hockey players.
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WJC 2018 Scandal |
By: NetBOG on Tue, 30 January 2024 15:51 |
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By: Kr55 on Fri, 02 February 2024 17:01 |
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By: Kr55 on Mon, 05 February 2024 10:28 |
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By: Kr55 on Mon, 05 February 2024 11:16 |
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By: Perkele on Mon, 05 February 2024 14:42 |
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By: Perkele on Mon, 05 February 2024 17:51 |
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By: Mike on Tue, 06 February 2024 12:04 |
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By: Mike on Tue, 06 February 2024 12:39 |
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By: Kr55 on Mon, 05 February 2024 16:39 |
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By: Kr55 on Tue, 06 February 2024 08:44 |
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By: Steve on Thu, 08 February 2024 10:31 |
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By: Steve on Thu, 08 February 2024 11:30 |
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By: Adam on Thu, 08 February 2024 13:38 |
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By: Steve on Thu, 08 February 2024 16:15 |
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By: oilfan94 on Fri, 09 February 2024 10:27 |
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