As rape trial opens, prosecutor says girl was ‘too impaired to say no’

[NCTraveler]

By Erin McClam, Staff Writer, NBC News

In a brief opening statement, Brian Duncan, the lawyer representing Mays, said simply: “Trent Mays did not rape the young lady in question.” The lawyer for Richmond declined to make an opening statement.

The girl, who told police she didn’t remember the incident, will be among dozens of witnesses taking the stand. Three players who have not been charged but allegedly witnessed the encounters are expected to testify for the prosecution.

The prosecution’s evidence also includes a photograph posted on Instagram of Mays, 17, and Richmond, 16, carrying the teen out of a house by her arms and legs.

Defense motions have suggested that witnesses would be asked about the alleged victim’s alcohol consumption and what she said right after the incident and the next morning.

http://usnews.nbcnews.com/_news/2013/03/13/17286184-as-rape-trial-opens-prosecutor-says-girl-was-too-impaired-to-say-no?lite

[NCTraveler]

1. Is the kid really saying she didn't say no, therefore it was fair game.

That is the only reason I can think that the prosecutor would say this. There is no way the defense can say that being to intoxicated gives consent. With the photos that cannot be a part of the defenses strategy.

[Melinda]

2. It would be helpful if you had c/p the opening (relevant) paragraphs...

The two Ohio high school football stars accused of raping a drunken 16-year-old girl humiliated “somebody who was too impaired to say no, somebody who was too impaired to say stop,” a prosecutor said Wednesday.

In her opening statement at a trial that has divided the football-obsessed town of Steubenville, prosecutor Marianne Hemmeter also said that the girl was “soft-spoken, mumbling and not participating” in the assault.

Helpful to me anyway. Relates to the headline better.

The Prosecutor has framed this correctly. Thanks for posting.

[mike_c]

3. if she's too impaired to say "no," then she's too impaired to give consent....

Are we to assume that in the absence of a clearly articulated "no," sex with impaired women is sanctioned by some sort of universal prior consent? That is ridiculous.

[Comrade Grumpy]

4. Mays' attorney's statement is ambiguous.

“Trent Mays did not rape the young lady in question.”

Is he saying that Mays did not have sex with the girl?

or

Is he saying that Mays did have sex with the girl, but it somehow wasn't rape?

I haven't followed the case that closely, so I don't know how much evidence there is that Mays actually committed the act. Saying "I didn't touch her" is a stronger defense than "We did it, but she drunkenly consented."

[ck4829]

5. If she is not able to say "yes" or "no" or if she has to be walked because she is intoxicated

Then it's rape. Open and shut.

[Kalidurga]

6. So the prosecutor admits it was rape...

So, the trial should be over soon.

[Comrade Grumpy]

7. ???? Of course the prosecutor thinks it was rape.

What is this "admits" stuff?

The prosecutor thinks it was rape; that's why she's prosecuting the case.

[Kalidurga]

22. Sorry very tired...

I read a story earlier where the lawyer for the defense was making the same argument. That the victim didn't say no because she was too impaired.

[redqueen]

8. Many people believe that a woman must not only say no,

but somehow ensure that the attacker (friend, husband, boyfriend, date, etc.) doesn't get 'confused' and think that by 'no', she really means 'yes'.

The fact that she was unable to say 'no' should aid in her case, but as we have seen from other cases, that's not always a guarantee either.

[Kalidurga]

23. Yep, I have known women who said no...

But, no one believed it was enough, there were no bruises.

[Nye Bevan]

9. So she was "too impaired to say yes". Case closed. Guilty. (nt)

[joeybee12]

10. Please edit...it's not the prosecutor, but the defense attorney claiming this...nt

[NCTraveler]

13. Please point to the section of the article you would like edited. nt.

[gollygee]

14. I think it's the subject line

Was it the prosecutor or defense attorney who said that?

[NCTraveler]

17. The prosecutor. Hence the point of my first post.

There has to be a reason he said it. At some point, did the defense say she didn't say no?

The subject line is the headline. Still not sure what part the other poster wants changed.

[joeybee12]

16. Subject line says prosecutor, then the article notes its the lawyer for the defendant...nt

[NCTraveler]

18. It would make more sense. That is one of the things I was questioning.

The two Ohio high school football stars accused of raping a drunken 16-year-old girl humiliated “somebody who was too impaired to say no, somebody who was too impaired to say stop,” a prosecutor said Wednesday.

That is from the article.

[actslikeacarrot]

11. This is the maximum punishment they could face?

"If convicted, Mays and Richmond could be held in a juvenile jail until they are 21."

I understand we treat minors different from adults, but holy hell they are almost 18!

Here is another article that says the same thing. LINK

Quote from above article...."Both will be tried as juveniles, which means even if they receive the maximum punishment, they will be free at age 21. "

WTF???

[redqueen]

12. I'd be surprised if someone on the defense team or the police force hasn't already

used the 'do you really want to ruin these young men's lives?' song and dance, in order to ensure they get the lightest slap on the wrist possible.

[actslikeacarrot]

15. Your probably right...

...But I still cant believe that the MAXIMUM punishment for an entire night of sexual assault will be three years. In juvie. Imagine that they might not get the maximum! I fear that this thread is going to be buried because of all the pope stuff.

[Rex]

19. Gee...was she also 'too impared to say yes'?

Weak D.

[actslikeacarrot]

20. kick for an important story...

...and its getting lost in the pope stuff.

[MadrasT]

21. Note to the idiots prosecuting this case:

WOMEN DO NOT EXIST IN A PERPETUAL STATE OF "YES".

The default isn't "YES" unless there is a "NO".

The default is "NO" unless there is a "YES".

Jackasses.