Jump to content

Rape or not Rape.....


juddling

Recommended Posts

In light of the Duke problems....i found this online.

 

 

Rape claim

 

By BRAD CLIFTON

 

April 21, 2006

 

A MAN who claims he mistakenly had sex with "the wrong woman" after entering a dark bedroom at the home of a Sydney magazine editor was yesterday committed to stand trial for rape.

 

Paul John Chappell, 31, was invited back to the editor's Bondi flat after they met during a night out.

 

The pair went to bed and Chappell later got up to use the bathroom.

 

But Chappell claims he mistakenly returned to the wrong bedroom, where the editor's 23-year-old flatmate was asleep.

 

He got into bed with the flatmate and initiated sex, allegedly believing she was the other woman.

 

The flatmate participated because she thought it was her own boyfriend who had come to bed after falling asleep in the loungeroom.

 

When she turned on the light, the "hysterical" woman saw Chappell in her bed and realised her boyfriend was still asleep on the couch.

 

Chappell intends to plead not guilty to one count of sexual intercourse without consent.

 

"The defence case is he made a mistake," barrister Wayne Flynn told the Downing Centre Court Local yesterday. "He went into the wrong room and had sex with the wrong person.

 

"He thought he was having sex with the person he went home with.

 

"The (alleged victim) says she believed she was having sex with her boyfriend. She made a mistake as to who she was having sex with and so did the defendant."

 

In a statement to police on the morning of the incident on October 1, the alleged victim said she had gone to bed about 2am, leaving her drunk boyfriend asleep on the lounge.

 

"The next thing I remember was waking up to someone having sex with me," she said. "I assumed straight away that it was (my boyfriend) because I wouldn't even consider that it would be anyone else."

 

She also said: "When the light is out, it is black in our bedroom, you can't see anything."

 

To her dismay, she later turned on the light and realised it was Chappell, not her boyfriend, in the bed.

 

"I was totally gutted that it was him and not (my boyfriend)," she said. "I went straight into (my flatmate's) bedroom hysterical."

 

The screaming woman pushed Chappell out the front door shortly before her boyfriend woke up and was told what happened.

 

"(He) was so beside himself and enraged that he said he was going out to find (Chappell) and kill him," she said.

 

In her statement to police, the magazine editor said Chappell was "pretty drunk" when they arrived home and they went to her bed but she refused to have sex.

 

"He got up and went to the toilet," she said.

 

"After what seemed like five minutes I assumed he had passed out on the lounge or something, so I rolled over and went to sleep. The next thing I remember was (my flatmate) running into my room quite hysterical."

 

A date for Chappell's trial will be set next week

 

 

Did she actually get 'raped'??? it sounds like an honest albiet drunken mistake. I mean....the girl also made the mistake of assuming it was her boyfriend. If she can make a mistake in the dark...why can't the guy make the same mistake???

Link to comment
Share on other sites

He initiated the sex, he will be help more accountable than she will. That's the key to this case. If it can be proven, and I don't know how, that she reasonable could not know (drunk, dark), then perhaps he'll even be found guilty.

 

As presented in the article, in the US, I think it would be diffucult to get a conviction. He had a willing partner in a different room, why would he rape her roommate? Now if the willing partner looked like William Shatner in drag and the roommate looked like , he may also have to deal with that. (although I know it shouldn't matter).

 

Bottom line, he initiated the encounter and will, and should, be held to a higher standard. It's the only way our laws would work.

Link to comment
Share on other sites

QUOTE(Texsox @ Apr 22, 2006 -> 07:28 AM)
He initiated the sex, he will be help more accountable than she will. That's the key to this case. If it can be proven, and I don't know how, that she reasonable could not know (drunk, dark), then perhaps he'll even be found guilty.

 

As presented in the article, in the US, I think it would be diffucult to get a conviction. He had a willing partner in a different room, why would he rape her roommate? Now if the willing partner looked like William Shatner in drag and the roommate looked like , he may also have to deal with that. (although I know it shouldn't matter).

 

Bottom line, he initiated the encounter and will, and should, be held to a higher standard. It's the only way our laws would work.

 

 

She said she refused him, and he got up to go to the bathroom.

 

Rape? No. Could he have actually known what he was doing? I suppose. That is what they will probably be trying to prove, that he knowingly went into the wrong room. I would guess that is the only way they will get a conviction. The other key to this depends on how "really drunk" he was.

Link to comment
Share on other sites

"The next thing I remember was waking up to someone having sex with me," she said. "I assumed straight away that it was (my boyfriend) because I wouldn't even consider that it would be anyone else."

 

 

This part makes it sound like he didn't even make a request and just kinda went at it, that's rape. Not only did he rape the accusser, I bet his GF could press rape chargers if they've ever had that kind of sex.

Link to comment
Share on other sites

Todays politics of sex

 

Know your partner

Receive clear permission

Be certain a new partner, or probably any partner, is sober enough to offer consent

Don't have sex with a psycho who may later turn on you.

No matter what, don't leave DNA unless you are trying to reproduce

 

It isn't a bad thing.

Link to comment
Share on other sites

QUOTE(Texsox @ Apr 22, 2006 -> 10:34 AM)
Todays politics of sex

 

Know your partner

Receive clear permission

Be certain a new partner, or probably any partner, is sober enough to offer consent

Don't have sex with a psycho who may later turn on you.

No matter what, don't leave DNA unless you are trying to reproduce

 

It isn't a bad thing.

 

 

don't forget stop if asked to

Link to comment
Share on other sites

The woman herself said that it was too dark in the room for her to see that the man in the room wasn't her boyfriend. How, then, is he supposed to see that the woman wasn't his girlfriend?

 

His subjective intent was to have sex with his own girlfriend. The woman he wound up having sex with didn't object until afterward. I believe that if he had realized he was in the wrong room, he wouldn't have initiated sex. If I were on that jury, I would have a hard time voting to convict him.

Link to comment
Share on other sites

QUOTE(Texsox @ Apr 22, 2006 -> 11:34 AM)
Todays politics of sex

 

Know your partner

Receive clear permission

Be certain a new partner, or probably any partner, is sober enough to offer consent

Don't have sex with a psycho who may later turn on you.

No matter what, don't leave DNA unless you are trying to reproduce

 

It isn't a bad thing.

whats all this bulls*** about being careful and cautious? anyone ever heard of pulling out? hello?

Link to comment
Share on other sites

QUOTE(Texsox @ Apr 22, 2006 -> 09:32 AM)
?? I don't see that in the article posted.

 

 

Here:

 

In her statement to police, the magazine editor said Chappell was "pretty drunk" when they arrived home and they went to her bed but she refused to have sex.

 

"He got up and went to the toilet," she said.

Link to comment
Share on other sites

Back in the day, we used to go to the frat parties where they would not charge girls to drink. Why? Well it might be because young girls who drank too much might be more willing to do certain things than if they didn't drink. Hmmm.

How many of us can't say we never did anything stupid when we were drunk or did something with someone else when they were drunk?

Link to comment
Share on other sites

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...