cococandy:
It should also depend on the other facts of the case. A drunk man going after a random woman to rape her will not be absolved because he’s drunk. And vice versa.

But if it’s case of two lovers or two friends that are linked romantically prior to the encounter , they both got drunk and had sex, then I wouldn’t be quick to call it rape.

And.... it must meet the criteria that both were drunk. not that one person drunk and the other was sober. And not in the case where one of them said no during the encounter while the person persisted (under the influence or not).

They are not romantically linked. That's the clause.

According to the law( no be me write am) it says that if both are drunk, the man being drunk is not taken into consideration. It's the woman that counts. I even read somewhere that a drunk woman is treated as a child when it involves rape case.


The lady is not going to court. I read her posts. What I and some people are saying is that the guy should have shut up than implicating himself by that admission. Even if they were drunk, he shouldn't have said that. Guess he didn't know the law before opening his mouth. If tomorrow that lady want to sue, he is a goner.
He isn't smart. Whatever is the problem between them, they( especially him) should swallow his pride and apologise to that lady and move on.

ThinkFreely:
Rozz answer this

I will answer you but it will be on a topic on Consent

sassysure:

They are not romantically linked. That's the clause.

According to the law( no be me write am) it says that if both are drunk, the man being drunk is not taken into consideration. It's the woman that counts. I even read somewhere that a drunk woman is treated as a child when it involves court case.


The lady is not going to court. I read her posts. What I and some people are saying is that the guy should have shut up than implicating himself by that admission. Even if they were drunk, he shouldn't have said that. Guess he didn't know the law before opening his mouth. If tomorrow that lady want to sue, he is a goner.
He isn't smart. Whatever is the problem between them, they( especially him) should swallow his pride and apologise to that lady and move on.

What law are you even talking about sef? Did you concoct this in your head?

Most states in U.S and UK laws states that if an individual knows of the other person’s incapacitation and still conducts the sexual act, it is considered rape. However, the statute remains vague about if both parties are drunk. The details in each case varies, making it difficult to ascertain consent. States does not have any legislation dictating affirmative consent, either. In this case the court must review the details carefully and make their decision.

Rozz:
I will answer you but it will be on a topic on Consent

You are running from the topic. Calm down babe.

There’s no law that supports the woman when both parties are drunk. Go and study all the laws in U.K and states in U.S. no law gives a direct judgement on this matter, it has to be at the discretion of the court.

The issue of consent in his matter cannot be evaluated, consent is flawed already if they were both drunk. Read the laws of U.K carefully.

Lesson to all u guys. Una go meet slay queen on social media and want to play smart after seeing breast and bombom. You actually wanted to b friends with benefits with her but seeing that she is a desperate one, u had to adjust. See ehn all this playboys and play men have great phobia for desperate ladies.

Tallesty1:
They were both drunk sirWhich kain stupid law be that?

Two drunk people had sex and one is accused of rape? Is the law mad?

The guy too didn't consent to sex that night so she has no case.




Let them keep throwing rape accusations upandan and continue making it difficult for women in need of help to get help.

The doctor has been housing a guy for long but no issues, he housed a girl for 4 months.

Gave her food, access to internet etc and what he gets in the end is being labeled a rapist.

No wonder our men up there have been killing their women, especially those in the medical field.







I always tell men to be careful around anything that has tyre, engine or breasts.


It will definitely give you troubles.

Unfortunately Sir, that's how the law works in the West. Except if there are strong evidences that will make the woman lack in credibility and good judgement. Haven't heard of a case I think in the 80s where a man was jailed just because a woman claimed to have had a dream where the man raped in the dream?

ThinkFreely:
What law are you even talking about sef? Did you concoct this in your head?

Most states in U.S and UK laws states that if an individual knows of the other person’s incapacitation and still conducts the sexual act, it is considered rape. However, the statute remains vague about if both parties are drunk. The details in each case varies, making it difficult to ascertain consent. States does not have any legislation dictating affirmative consent, either. In this case the court must review the details carefully and make their decision.

The law is one thing actual jury and judge's sentiments is another. Out of over 100 cases that were surveyed from 1990 to now by a leading research institute, 95% went in favor of the woman because in all those cases the man was shown to be the aggressor. He bought her the drinks, he put her in a vulnerable position, whether he was drunk or not becomes secondary. In all those cases, the women told vivid stories that basically made the men looked more vicious and in the USA, it's not about who is right, it is about who gets more sympathy.

petitejolie:
Lesson to all u guys. Una go meet slay queen on social media and want to play smart after seeing breast and bombom. You actually wanted to b friends with benefits with her but seeing that she is a desperate one, u had to adjust. See ehn all this playboys and play men have great phobia for desperate ladies.

Bleep, ladies are so bleeped up in the way they reason. No wonder it has been scientifically proven that an average male brain is 10% bigger than that of a female. It’s really a total waste of time exchange words with ladies.

How can you be so one sided?

abbey621:


The law is one thing actual jury and judge's sentiments is another. Out of over 100 cases that were surveyed from 1990 to now by a leading research institute, 95% went in favor of the woman because in all those cases the man was shown to be the aggressor. He bought her the drinks, he put her in a vulnerable position, whether he was drunk or not becomes secondary. In all those cases, the women told vivid stories that basically made the men looked more vicious and in the USA, it's not about who is right, it is about who gets more sympathy.

Theres actually no sympathy in this case. Lol

She applied for visa specifically to meet him, flew to London, stayed in his house, got drunk in his house and then accused him of rape.

This case is a special one and it will probably be part of the 5% that will eventually go the way of the guy.

It would have been more difficult for the guy if the lady was in London on a business trip and asked to stay in his house or probably she was based in London.

The court cannot discard the intention of a lady who travelled several kilometers to specifically meet a guy she dated online, got drunk in his house alongside the guy and then cry foul about rape. It’s complicated.

Rozz:
Thank God it's not naija,the randy doctor by now knows hes in a deep trouble,that response alone is enough to nail him.Only women can understand the manipulation that happened in all of this.Read j111333's statement

You already judged the man guilty?
And lady is innocent?
Your experience with randy doctors though

DozieInc:

You already judged the man guilty?
And lady is innocent?
Your experience with randy doctors though

one spotted lol.I don't have any experience with any,just stop defending rapist

ThinkFreely:
Theres actually no sympathy in this case. Lol

She applied for visa specifically to meet him, flew to London, stayed in his house, got drunk in his house and then accused him of rape.

This case is a special one and it will probably be part of the 5% that will eventually go the way of the guy.

It would have been more difficult for the guy if the lady was in London on a business trip and asked to stay in his house or probably she was based in London.

The court cannot discard the intention of a lady who travelled several kilometers to specifically meet a guy she dated online, got drunk in his house alongside the guy and then cry foul about rape. It’s complicated.

Out of the over 100 cases that I mentioned, 38 of them involved prior social relationships which means they were dating or very close. The concept of consent is fluid which means a lady might give a guy the go ahead one minute but as soon as she says STOP, you MUST STOP! Whether you've been knacking her for years or married does not matter, even if she posts photos of the two of you doing the knacking on social media DOES NOT MATTER! What matters is that she can prove she told you to STOP. In this particular case the guy already CRUCIFIED himself by admitting he was also drunk. So even if she was shouting and kicking saying STOP, he wouldn't understand hence the motive and ability to rape has been technically established.

Let's also not forget, the woman doesn't even need a victory in court, the mere fact that such allegations warrants a court case could have the doctor unable to practice again. He is already losing in the court of public opinion and based on his recent tweets, he is at least guilty of breaking his oath of "DO NO HARM"

xjiggy:
Has it occurred to the lawyers here that the law works both ways. If you think she can't give consent because she's drunk, A good lawyer can posit also that the girl premeditated the whole drunk sex escapade to entangle the guy in a blackmail. The lawyer can posit that;
1. She put the idea of drinking wine together to the guy
2. She willing decides to take a bottle of red wine to a bedroom to share with a guy.
3. Decided to get the guy drunk in order to execute her plan.
4. She had consensual sex with him a second time and kept sexually harassing the guy in order to hoodwink him.
5. When all that failed, she finally came to social media instead of the police in order to tarnish the image of the guy and sway public opinion.


I'm just saying some of what a defense lawyer may say. Know this, in the court, it is not about the truth but what can be proven.

Exactly.

abbey621:



Out of the over 100 cases that I mentioned, 38 of them involved prior social relationships which means they were dating or very close. The concept of consent is fluid which means a lady might give a guy the go ahead one minute but as soon as she says STOP, you MUST STOP! Whether you've been knacking her for years or married does not matter, even if she posts photos of the two of you doing the knacking on social media DOES NOT MATTER! What matters is that she can prove she told you to STOP. In this particular case the guy already CRUCIFIED himself by admitting he was also drunk. So even if she was shouting and kicking saying STOP, he wouldn't understand hence the motive and ability to rape has been technically established.

Let's also not forget, the woman doesn't even need a victory in court, the mere fact that such allegations warrants a court case could have the doctor unable to practice again. He is already losing in the court of public opinion and based on his recent tweets, he is at least guilty of breaking his oath of "DO NO HARM"

ok, how will she prove this one? �

By telling the judge that I told him to stop? Then it will raise the question of how she knew when she was drunk with the guy.

The fact that they were both drunks makes the whole thing complicated. It can’t go her way easily. Even the law doesn’t know what to do here.

J111333:
..."According to him, they had consensual sex, twice. The 1st being after they were both drunk, only for her to tell him the next day she didn’t give her consent to the sex they had"...






The above statement alone will get him in serious trouble. When she is drunk, you ain't suppose to sleep with her especially when not in an established relationship.
Guys be careful and know when to abort mission. Control your prick, don't let it control you. Yea it can be hard and strong but e no go break for sure.

You nailed it. He shouldn't have stated that 'they were both drunk' that will put him to jail.

ThinkFreely:
ok, how will she prove this one? �

By telling the judge that I told him to stop?

All about sentiments, it's whoever can generate the most sympathy and in most cases it will be the woman. All she has to do is prove that he has a history of doing this and that her own character is solid. Remember it's not about the truth but perception of the truth. In all honesty, the man is already doing the hardwork for her . Instead of keeping silent, he has let the world know that he's a drunkard and does not remember whether she gave consent or not.

Hold on a sec. How can you say you are in a relationship with a girl wey you never fvck?

I don't know how it happens these days cos i am old school, but for real, how can you be in a relationship without sex?

heykims:
I knew that bitch was twisting story
The guy try sef, sex just twice and u lived together for 4 months.
Meanwhile, the second sex was after the so called alcohol induced first and they were conscious and alert

Anicteric, acyanosed and well hydrated.

The chick must be really disgusting. Only 2ce in 4/12. The guy self no try at all. That dosage was too small na. It's enough to tilt the babe into depression. A girl blasting green light at you for 4 months and you can only achieve 2 dosages. As a doc, you jnow the implication nau.

Many babe doctors need to work on their attitude though.

Rozz:
one spotted lol.I don't have any experience with any,just stop defending rapist

Sometimes it seems people are paid by Nairaland to be controversial or outright outlandish just to generate more comment.

I rest my case.

J111333:
..."According to him, they had consensual sex, twice. The 1st being after they were both drunk, only for her to tell him the next day she didn’t give her consent to the sex they had"...






The above statement alone will get him in serious trouble. When she is drunk, you ain't suppose to sleep with her especially when not in an established relationship.
Guys be careful and know when to abort mission. Control your prick, don't let it control you. Yea it can be hard and strong but e no go break for sure.

When he is drunk, she is not supposed to sleep with him either. Didn't u read where he said he was also drunk himself?
People like u just like judging rubbish n keep giving women useless privileges that always come back to hunt men

Bestbeelieve:
How about he made me sign it under duress?? Best thing is just to shoot a small video of this many talk....these days its necessary o! No time for stories that touch.

We can collabo and do a video version!!!! You read I hold the camera make she dey shout I do the do

andyanders:


You nailed it. He shouldn't have stated that 'they were both drunk' that will put him to jail.

No law in the world clearly address situations that involve two drunk parties who engage in sex acts. When it comes to rape cases that involve two drunk parties, it can be very difficult to determine whether both consented to the alleged sex acts. To make a ruling, the court will have to look at the specific details of the case to determine the level of consent each party was capable of while they were under the influence of alcohol.

Mention any law that gives a clear cut judgement on this, I’m waiting.

abbey621:


All about sentiments, it's whoever can generate the most sympathy and in most cases it will be the woman. All she has to do is prove that he has a history of doing this and that her own character is solid. Remember it's not about the truth but perception of the truth. In all honesty, the man is already doing the hardwork for her . Instead of keeping silent, he has let the world know that he's a drunkard and does not remember whether she gave consent or not.

Naso o. Sympathy but most judges are logical as well.
Logic will have a huge role to play alongside some game of sympathy.

Dobson43:





My dear, learn to comprehend. I mentioned that a smart lawyer can turn the case on its head since it's debatable how drunk both parties were especially the guy. Guys can get a lady drunk and pretend they too were under intoxication too. That way, he could have his way. But his case can be blown to pieces by a competent criminal lawyer who knows his onions.




My guy, we both know a lady cannot travel from Lagos to Abuja to see a guy without sex already been on the table talk less of travelling from Nigeria to UK. And we also know she didn't come visiting to play Ludo with the guy nor did she spend 4months alone with a man who is neither her father nor her brother just for the sake of visiting. We also know that under usual cases of rape......the assaulted party runs and seeks redress immediately.



I am just pointing to the fact that the excuse that they both got drunk that the doctor gave is not a enough.

I am happy you're not a judge

ThinkFreely:
Bleep, ladies are so bleeped up in the way they reason. No wonder it has been scientifically proven that an average male brain is 10% bigger than that of a female. It’s really a total waste of time exchange words with ladies.

How can you be so one sided?

and u think ure one of d males with a 10% bigger brain. Better don’t give urself hope. Just jump
And pass before u enter gutter

petitejolie:
and u think ure one of d males with a 10% bigger brain. Better don’t give urself hope. Just jump
And pass before u enter gutter

Like I said, arguing with a lady is a total waste of time.

Bye honey.

Afonja�


Yoloba people sef�

Just avoid them!

Do anything with Yoruba women at your own peril

Lol. See how ourfavonlinedoc is now salayeing. Having unfortunate sex up and down. I'm sure he'll expect people to agree with him it's not rape. The question is if he thought it could happen to him when he was writing the trash that Paul guy quoted all over SM. Ode osi

MedicH:


Wait until ur whole career comes crashing before ur eyes because u couldn't provide evidence that what u had was consensual. You can ask Neymar Jr. Unless u have no career to protect

Take your time and read with understanding. What you said is a crime that will still lead you to the same shame.

What sensible people do is save exculpatory records of text and phone conversations.

ThinkFreely:
Like I said, arguing with a lady is a total waste of time.

Bye honey.

who’s ur honey? That’s how dis one started on twitter o . Honeying different girls until he met d one that is giving him headache. U won’t learn lesson now o. Awon 10% bigger brain. Bye u too

I am still laughing..... u have just made my day.

Dobson43:






That they both had sex when they were both drunk can actually land him in hot water. A smart lawyer can turn the matter on its head.

As it stands, the lady has scores she wants to settle with the man and she is willing to go any length to tarnish his image.

I have advised my fellow men to draft an agreement before engaging in fuckery.


...*AGREEMENT BEFORE SEX!*
Due to the current and numerous allegations made by women, which include rape and many other sexual misconduct towards women, there is now an agreement to be signed before any poking "*action*".
Please print a Copy which can be used in the Court of Law .

*AGREEMENT BEFORE SEX*......
I, __________________________, the undersigned Female Partner (herein referred to as the 'Screwee'), am about to enjoy sexual intercourse with________________________ (hereafter referred to as the 'Screwer'), certify the following:-
1. THAT I am above the lawful age of consent.
2. THAT I am not under the influence of any narcotic. N(s).
3. THAT the afore mentioned Screwer did not use any force, threats, coercion or promises to influence me.
4. THAT I, the Screwee, am in no fear of him whatsoever.
5. THAT I do not expect or wish to marry him.
6. THAT I do not know if he is married or not and neither do I care.
7. THAT I am neither asleep nor drunk.
8. THAT I am entering this relationship with him; because I love SEX and want it as much as he does.
9. THAT in the event that I receive full satisfaction, which I expect, I declare in advance the capacity and willingness for further participation at regular intervals.
10. THAT I will not act as a witness against him nor will I file charges against him in the event that,
(a) I contract an STD
(b) I become pregnant
(c) I feel that he is violating any legislation - moral, legal or otherwise.
*SIGNED BEFORE JUMPING INTO BED ON THIS* ___ *DAY OF* _____ (MONTH) ________ (YEAR) AT ______ (AM/PM)
________________________________
Signature of Screwee :=-...
PS: Not taking anything for granted...erryting is now strictly bizniz...