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Brock Turner: Innocent until Proven Guilty
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7/18/2016 4:02:38 PM
Posted: 6 months ago
I didn't know what section for discussing criminal cases so chose Misc for now.
I'm still waiting on some convincing proof beyond any reasonable doubt. As is I haven't seen any proof to even fulfill preponderance of evidence. Did this jury get some kind of critical evidence I haven't heard about yet, like a videotape showing Emily Doe wasn't utterly unmoving on close examination prior to the Swedes' shouting?
Too much appears to rest on their testimony and Brock supposedly fleeing. He said he stumbled down an incline, that could be mistaken for running. Seems like they could have shouted but not been heard due to loud music (this was behind a partying frat house) and Brock just happened to get up roughly when they arrived.
Even if Emily had passed out around when they arrived, I don't see how that is Mens Rea for Brock. He could have gotten consent and then being drunk himself, mistook slipping consciousness for just being absorbed in pleasant feelings.
People seem to rule out the pleasant feelings thing due to internal and external abrasions. Both Brock and Emily might not have noticed this visually due to darkness and she may not have registered discomfort due to feeling intense pleasure. Brock said she orgasmed. I don't know if that's the case, but maybe he thought that because she looked like she was immensely enjoying it even if it wasn't to the point of orgasm.
I don't know if Emily was blackout or not. I don't buy that she would slap her boyfriend for suggesting outdoor fingering though, because if she's willing to go for a piss behind a frathouse (exposing genitals) then it's not a stretch to think she'd be willing for a fingering for a frathouse.
If she didn't blackout, avoiding consequences for cheating, public lewdity and corrupting an underage minor would be good incentive to pretend she did.