Defence to rape!

  Pine Man 19:19 14 Nov 2008

Sorry about the scary heading!

I am following a local case where a man has been deported back to England to face charges of rape and murder. DNA from him has been found on the dead woman and he is not denying having sex with her.

His defence is:-

He was abducted, blindfolded, had his hands tied behind his back and thrown into the back of a van where he was forced to have sex with the woman who was later killed (allegedly by him).

A tragic incident but how could a defence like that ever 'stand up' in court?

Is that at all credible?

  sunnystaines 19:26 14 Nov 2008

there was a real case where on of the miss world contestants was found murdered in a derelict house, a homless person that dossed there was charged. he said in court in entered the house drunk and crashed out and woke up next to the body so forensics out the window.

he got away with it a court.

  Si_L 20:02 14 Nov 2008

Innocent until proven guilty.

  MAJ 00:39 15 Nov 2008

*Presumed* Innocent until proven guilty, Si_L.

  Si_L 13:03 15 Nov 2008

Of course its presumed. He should be treated as innocent until he has had a fair trial. Who knows, maybe he was telling the truth?

  Pine Man 14:03 15 Nov 2008

I am not disputing his right to a fair trial but, without being indelicate, I can't imagine that what he is suggesting is physically possible!

  sunnystaines 15:13 15 Nov 2008

call in columbo

  Pineman100 15:39 15 Nov 2008

I understand your delicately put anatomical question, and it's a valid point. But I wonder whether a man can be taken to a point where, regardless of his initial moral objection, he is no longer able to resist. Would he then become an active participant, thus blowing his chances of crying "rape"?

Have you read Michael Crichton's 'Disclosure'?

  Si_L 15:51 15 Nov 2008

If the other option was getting your throat cut, I know which I'd choose.

  Si_L 15:52 15 Nov 2008

Sorry for two posts, I forgot to ask, do you have a link to the story?

  bremner 15:54 15 Nov 2008

In your scenario the person would not have the necessary mens rea to have committed the offence.

Simply being physically able to commit the offence is insufficient.

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