12-year old rape victim, attacker walks free due to consent
12-year old rape victim, attacker walks free due to consent
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Discussion

Grunt Futtock

Original Poster:

335 posts

129 months

Monday 7th August 2017
quotequote all
Ok, this popped up on my Facebook feed along with lots of outraged comments but I suspect there is more to this case than is being reported, Daily Mirror article here

What is the PH opinion?

Thermobaric

725 posts

150 months

Monday 7th August 2017
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'I thought she was 16'. Seems like a solid defence...

tex200

446 posts

201 months

Monday 7th August 2017
quotequote all
http://www.scotland-judiciary.org.uk/8/1754/HMA-v-...

Here's the non sensationalist version.

surveyor_101

5,069 posts

209 months

Monday 7th August 2017
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Mail only does drivel.

The key issue here is children don't want to be children anymore and young girls don't dress like girls, they dress like young ladies and thats why the taxi drover even thought she was 20 and she pretended to be 16 when she wasn't even 13.

Scary as I have a daughter who is 10!

Thermobaric

725 posts

150 months

Monday 7th August 2017
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I'm intrigued as to how a 12 year old can be mistaken for being 20. Admittedly I'm pretty bad at gauging ages but I would have thought even I could have clocked something was up.

Higgs boson

1,105 posts

183 months

Monday 7th August 2017
quotequote all
Thermobaric said:
I'm intrigued as to how a 12 year old can be mistaken for being 20. Admittedly I'm pretty bad at gauging ages but I would have thought even I could have clocked something was up.
+1

Grunt Futtock

Original Poster:

335 posts

129 months

Monday 7th August 2017
quotequote all
tex200 said:
http://www.scotland-judiciary.org.uk/8/1754/HMA-v-...

Here's the non sensationalist version.
Thanks for this, much more sense.

It seems as though the version given/quoted by the Mirror and the version believed by the court are two different things.

HantsRat

2,409 posts

138 months

Monday 7th August 2017
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Grunt Futtock said:
It seems as though the version given/quoted by the Mirror and the version believed by the court are two different things.
Funny that!

ATG

23,805 posts

302 months

Monday 7th August 2017
quotequote all
Typical bit of shoddy, exploitive journalism. The statement explaining the sentence is crystal clear. In the judge's opinion the girl gave consent de facto, and many people that night thought she was between the age of 17 and 20, including several police officers who talked to her at some length while specifically trying to identify under-age children.

Does it help anyone to publicise the girl's view that this bloke ruined her life? It may be that the events of that night and those that followed have "ruined her life"; let us hope not, but it may be so. Tragic as that would be, it doesn't make it Ciesak's fault and I can't see how lending credibility to her distorted view helps her come to terms with what happened. And then what about the interests of Ciesak?

theboss

7,510 posts

249 months

Monday 7th August 2017
quotequote all
Sounds like it's ruined his life too

Judge said:
I am satisfied that you have been subject to considerable pressure and distress from the burden of this prosecution over the last 19 months and by publicity about it. So much so, you have had to cease your college course and suspend plans for a university course. It was the impression of the social worker at your interview that you may need professional assistance to deal with this distress.

anonymous-user

84 months

Monday 7th August 2017
quotequote all
ATG said:
Typical bit of shoddy, exploitive journalism. The statement explaining the sentence is crystal clear. In the judge's opinion the girl gave consent de facto, and many people that night thought she was between the age of 17 and 20, including several police officers who talked to her at some length while specifically trying to identify under-age children.

Does it help anyone to publicise the girl's view that this bloke ruined her life? It may be that the events of that night and those that followed have "ruined her life"; let us hope not, but it may be so. Tragic as that would be, it doesn't make it Ciesak's fault and I can't see how lending credibility to her distorted view helps her come to terms with what happened. And then what about the interests of Ciesak?
I would guess his life will be far more adversely affected than hers. I feel sorry for him, I feel sorry for her, and I feel VERY angry with her parents.

ATG

23,805 posts

302 months

Monday 7th August 2017
quotequote all
Higgs boson said:
Thermobaric said:
I'm intrigued as to how a 12 year old can be mistaken for being 20. Admittedly I'm pretty bad at gauging ages but I would have thought even I could have clocked something was up.
+1
Did you read the bit about the Police having no suspicion she was under age earlier that evening when they spoke to her at some length while they were out looking for under age drinkers and a girl who had been reported missing? If they missed it, I don't see how any of us can be confident that we wouldn't.

Fermit The Krog and Sexy Sarah

13,240 posts

130 months

Monday 7th August 2017
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Whilst at 40 years old, teenage girls aren't my thing, at 19 they were, and (near) 13 year old girls can look many years older than their age. The fact that she was out at 4am, drunk, going back to a late night party would also leave many to assume she wasn't 12!

The judge even said that seeing CCTV of her out that night persuaded her that he could not have guessed her young years.

I feel for her, but she put her self in the predicament IMO.


Durzel

12,999 posts

198 months

Monday 7th August 2017
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He was named, his name has been widely publicised. Searching for it will yield results on the DM website and other like-minded rags that are uninterested in the nuances of the judgement, and cursory Google/social media searches are a matter of course for most employers nowadays, and others besides.

It's safe to say that this will follow him around for many, many years whilst the girl is and will forever remain anonymous. Something seems seriously wrong there.

Grunt Futtock

Original Poster:

335 posts

129 months

Monday 7th August 2017
quotequote all
I've upset some people in my Facebook circle discussing this. I've been merely explaining the sentencing statements and what it means for how the case was interpreted and the comments in return mainly take the form of "....but but....RAPE!....PATRIARCHY!!!"

I've calmly explained that the court found the girl was an active participant and was met with "....she was unconscious how can she give consent!!!".

That's not what the court thinks and ultimately, they are the ones that count!

Trying to explain to people that it isn't a black and white situation and that there were several exceptional circumstances but it's met with reverting to moral outrage.

Rude-boy

22,227 posts

263 months

Monday 7th August 2017
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Durzel said:
He was named, his name has been widely publicised. Searching for it will yield results on the DM website and other like-minded rags that are uninterested in the nuances of the judgement, and cursory Google/social media searches are a matter of course for most employers nowadays, and others besides.

It's safe to say that this will follow him around for many, many years whilst the girl is and will forever remain anonymous. Something seems seriously wrong there.
He will change his name if he has a brain.

If there are jobs which he wishes to do that will require disclosure of his previous name then they will be digging deep enough to get more than the daily mail article.

Thermobaric

725 posts

150 months

Monday 7th August 2017
quotequote all
He'll be alright if he wants to be a footballer.

ATG

23,805 posts

302 months

Monday 7th August 2017
quotequote all
facebook said:
...PATRIARCHY!!!"
nevermind that the sentence was handed down by a woman.

facebook said:
moral outrage.
irony is that most of their outrage is immoral ... vacuous and self-indulgent too. Hey, ho. Good on you for trying to discuss it sensibly, though.

Durzel

12,999 posts

198 months

Monday 7th August 2017
quotequote all
Grunt Futtock said:
I've upset some people in my Facebook circle discussing this. I've been merely explaining the sentencing statements and what it means for how the case was interpreted and the comments in return mainly take the form of "....but but....RAPE!....PATRIARCHY!!!"

I've calmly explained that the court found the girl was an active participant and was met with "....she was unconscious how can she give consent!!!".

That's not what the court thinks and ultimately, they are the ones that count!

Trying to explain to people that it isn't a black and white situation and that there were several exceptional circumstances but it's met with reverting to moral outrage.
Facebook isn't really the forum for any kind of nuanced discussion to be honest. You're pretty much throwing yourself to the wolves trying to offer a superficially contrary point of view there, where pretty much everyone is commenting without the intent or even consideration of engaging ones brain.

Having said that I don't think the times we live in are generally accepting of any kind of consideration of detail, everyone just wants to be offended and/or to virtue signal harder than the next person. If not that then it's just strawmen and perjorative "debate" everywhere. Conversation is dead.

Edited by Durzel on Monday 7th August 17:39

mickmcpaddy

1,445 posts

135 months

Monday 7th August 2017
quotequote all
Thermobaric said:
He'll be alright if he wants to be a footballer.
Why, because he likes grass on the pitch.