Bells
Staff member
"Huh" indeed!i was lissioing to an interview on ABC adelaide this morning with the Attorney General Michael Attkinson. They were interviewing him because of a case currently in the district court where a man has pleaded guilty to rape because after starting consentual sex the women passed out and he continued (no idea how long for or any other details). The judge said in his remarks that this crime was so low down the scale that it would be unduly harsh to even give a suspended sentance in this case.
Now the AG pointed to this as being a shining example of the courts showing common sense however he apears to lack this quality himself. He was asked a very specific question by Mat, "what would happen in the common situation where both parties were drunk?"
now the AG's responce was "our goverment has rightly removed the drunks deffence so that in this case you would expect to see the man plead guilty and then (with no manditory sentancing for rape, his comment but not in order) a light sentance from the judge"
Now this just left me thinking HUH!!!
aparently going by his comments it is ALWAYS a man's fault that sex is illegal.
What he actually did mean is that if the man was drunk and he had sex with a woman who lost consciousness, it would still be rape and yes, it would still be his fault if he was the perpetrator (ie, had sex with someone who was unconscious). Just as being sober and having sex with someone who is unconscious is classified as rape, regardless of your sex.
He then goes on to talk about how sex while alseep is illegal as well and putting the 2 together with a definition of what consitutes rape (i mean the physical side rather than the consent side of rape), this means that if the 2 of you fall asleep together and the penis is still inside the women when she falls asleep thats AUTOMATICALLY rape commited by the man
Ermm no. It would be rape if someone starts having sex with someone while they are asleep and unaware of what was going on or able to consent to it. (Emphasis added because it is important in this case)...