You are currently browsing the tag archive for the ‘court’ tag.

I like watching the news. Even the bogus news like A Current Affair and Today Tonight.
Obviously the news tells us everything we need to know, like whats happening in politics, finance, weather, sport and is Lindsay Lohan really a lesbian or just desperate for attention? All the most important and hard hitting questions and answers that will be crucial to my everyday decisions – will I really truly like the taste of girls cherry chapstick if I kiss her?

But tonights hard hitting question: can you rape a consenting prostitute?

Remember, consent can be withdrawn at any time – and can turn into rape. So for the sake of this, we must understand that, as far as the facts go, at no time during the act, did the prostitute withdraw her consent.

So now, let us consider the facts of this trial currently being heard in the Perth Magistrates Court:

A man (We shall call him D, for defendant) went into a brothel or similar and hired the services of a prostitute (V, as in victim) to do well… what prostitutes do.

D wrote V a cheque for her services. Later on, V went to cash the cheque and it bounced.

Apparently this occurred twice. (Atleast that’s what I think the voice over lady said…)

The procecution (P, for prosecution), who are representing V, are claiming that D was fully aware that he did not have the funds to pay for V’s services and that he knew the cheque would bounce.

D has now been charged with rape and potentially fraud.

I think I’ll get a better look at the facts before I go making my opinions known.
At this stage I think the outcome will be based very much on whether or not D is proved to have known that his cheque would bounce. If he can successfully prove he honestly and reasonably thought that his cheque was valid and would process, then he might have a defence under section 23 of the Criminal Code which covers Mistake of Fact – at which point he might get off.

I will be watching this case very closely. Very influential precedent could arise from this.

I’ll keep you posted!

xoxo

EDIT: I just wanted to clarify that the term ‘rape’ isn’t actually used in the WA Criminal Code. The terminology used is infact “sexual penetration without consent”. And there are cases that will no doubt be considered by the courts. If you’re interested, check out the cases of Ibbs (WA) from 1987 and Papadimitropoulos (sp?) (Vic – a High Court decision). Last semester my Criminal Law lecturer put the question to us: “If A agrees to pay a fee for prostitute V’s sexual services and then runs off without paying, is this rape?” There was no answer, and as far as I know, no specific precedent for it. As I said, this is going to be important.

Advertisements

This blog is dedicated to Jo, who is leaving me on Wednesday. What a bitch. Seriously, how selfish, leaving me all alone here to fend for myself! WHAT KIND OF A FRIEND IS THAT! 😛

In other news, I will be extreamly sad, sadder than any of the rest of you lot so whatevs to your face.

So here we go, Jo. (Yes I can rhyme, bitch.) This is for you, because you are my best and favourite and twin and all those other awesome things.

First of all, let’s talk about things Jo likes:

Britney Spears, who likes to ask ‘Do you want a piece of meat?’. To which I say, ‘Yes Britney Spears, I would infact like a piece of meat.’

Katy Perry, who, infact did not kiss a girl, thus she is not able to comment on whether or not she liked it and if infact, the chapstick was cherry flavoured. These facts will be upheld in a court of law.

Speaking of law, Jo does law, I’m still unsure as to whether or not she likes it, but for now, let us put the LAW on Jo’s list of likable things. Of course, if all else fails, we can just pretend that by the LAW, I infact meant to say GEORGIA LAW, which of course Jo is a huge fan of.

Miley Cyrus. Well not really, but just to make it very clear, Jo, I’ve got my eyes set on you and I’m ready to aim. And I’m just being Miley.

Chutney Marys. Indian food makes us bloated.

Supermarkets. The all important destination for instant food goods! And discovering new vegetables. And realising that a red onion is not a red capsicum when you cut it open.

Cheezels. Because you can stick them on your fingers and eat them whilst still successfully changing gears… sort of.

Road maps. They’re useful for not driving around Mandurah in circles in the middle of the night.

Shoes. All shoes are Jo’s, bitch!

Television babies. They’re cuter in the box.

Old people having sex. Especially Jack Nicolson and Diane Keaton.

Alcohol. But alcohol doesn’t like Jo. Especially at the airport.

The Court. It’s full of drag queens and really trashy, cheesy pop music.

Coffee, especially when Jason makes it. Apparently he makes great coffee. Apparently, because I don’t like coffee.

And most importantly, me. Jo loves me. But why wouldn’t she?

And that’s it. Jo, how about you just call the whole trip off and stay here instead? It’s better that way.

xoxo,
g.