No. They're not. Both scenarios are assault on an unconscious person. He didn't insert things into her vagina for her, he did it TO her. What if slapping her face gave him an erection? Attaching clamps to her nipples? Burning her with a lit cigarette? There are some people out there who find sexual gratification in such acts. Would you be questioning this victim if she said she did not? Do you fantasize about humping a naked woman behind a dumpster? Do you think any woman would fantasize about that? |
She had debris from the scene inside of her and there was some evidence (small abrasions?) inside of her. Nothing is very clear. Maybe Brock admitted to fingering her? Emily Doe doesn't know what happened and the swedes saw him dry humping her. I haven't read his statement to police. |
By "things", you mean fingers? |
If only that were the case. Not convicted is not the same as did not do it. The witnesses would beg to differ with you. |
| And he admitted penetration took place.in his statement to the police. |
You literally have no idea what she would have done if she had woken up. And you are completely, totally missing the point. The fact that she was blackout drunk is what makes this assault. Conscious or not, her level of intoxication prevented her from being capable of giving consent. That is California law; the one that was used to convict Turner of sexual assault. You, and a host of posters here, seem to have an argument with the letter of the law. Well, I guess, good thing for you you don't live in California. Because irrespective of what you think it should be, the law says that penetrating a woman with your fingers, regardless of her level of consciousness, is a *crime* if she is so drunk she can't remember what happened. None of the other circumstances are relevant. |
He also said he thought she was awake, the whole encounter took about 5 minutes, and he didn't know that he ran when the Swedes tackled him. We're selectively believing part and disbelieving part of what he said to the police. That's fine, but we should be aware of what we're doing. |
Fingers and other items, Yes. He was convicted of penetrating her, which means there was evidence that he penetrated her. You want to equivocate about what he put inside her? |
He also claimed not to remember what happened until he learned the victim didn't remember at which point he changed his story to she consented. |
Just fingers is different than fingers and twigs. |
There was evidence that he penetrated her. There was evidence that she was unconscious. There were witness to the assault. A jury heard their testimony, considered the evidence, and made a decision. What YOU are doing is selectively believing and disbelieving. Fortunately, your opinion isn't worth jack shit. |
It's a statement against interest. The rest isn't. The law doesn't treat a statement against interest the same as a statement that exonerates a defendant. That's because he has every reason to lie to excuse his behavior and no reason to admit to a crime. It is common for defendants to mix lies with truth. It's a sign of being guilty as hell. |
Was her age disclosed? I think she was older that 23. |
She wasn't. |
How in the hell does parents letting kids drink and explore at home prepare them for the drinking culture? |